Change I140 from EB3 to EB2

R

robby285

Registered Users (C)
Hi Folks
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.

Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help. :(
 
Was your PP case got accepted? According to the postings in this forum, it seems that a PP request maybe rejected if another I-140 application is pending. Please check with your lawyer about this.
 
My original I140 was already approved. So there there is no pending request other than the the EB2 petition. My PP case was accepted.




manwithnoname said:
Was your PP case got accepted? According to the postings in this forum, it seems that a PP request maybe rejected if another I-140 application is pending. Please check with your lawyer about this.
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Hi

I’ve applied I-485 with the current visa dates, but my I-140 (filed under EB2) had a RFE (requesting for evidence to prove experience for EB2). In such a situation please advice what’s my best option would be under the following circumstances:

1. Can I answer the RFE? What if my I-140 gets denied….will I still be eligible to apply for I-140 in the EB3 category since my I-485 has already been applied under the current visa dates? Do you think I’ll still be good to apply for fresh I-140 after august 17th, 07?

(OR)

2. Can I cancel the RFE (I-140, EB2 Category) and apply fresh I-140 in the EB3 category concurrently with I-485 before the cut off date (august 17th, 2007).



Please suggest…anticipating your advice.



Thank you
 
Hi kalavalg,

Was your LC in EB3 ?

Looks like I have a similar situation. I got a LC substitution in EB3. My company files 140 and 485 as EB3. But I can easily be fit for EB2 category. Now my 140 and 485 are pending in EB3.

Can I somehow upgrade my case to EB2 ?

regards,
- Raj
 
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