Change the Case from EB2 to EB3 (For 140)

C

Con_File_Feb

Registered Users (C)
Since for lot of EB2 people are waiting with pending 140,

Is it possible to initiate a change of our application from EB2 to EB3, so that we can get our case under EB3 and expect some movement/approval on that?

Is that possible at all? We do this is.
Did any of you ask this question to your lawyer.
 
Con_File_Feb said:
Since for lot of EB2 people are waiting with pending 140,

Is it possible to initiate a change of our application from EB2 to EB3, so that we can get our case under EB3 and expect some movement/approval on that?

Is that possible at all? We do this is.
Did any of you ask this question to your lawyer.
Click to expand...
It is possible to change it if your lawyer applies for it. But neither your lawyer or USCIS would appreciate such a change.

The reason an attorney would not like this because they had to submit additional documentation. Also they need to provide a valid reason for switching and USCIS would not be satisfied if the lawyer says that he did it for faster approval.

USCIS generally doesn't entertain these requests because they need to process additional documentation. In such a case USCIS might reject the current I-140 and request a fresh I-140 be filed. In such a case they can track your previous I-140 and might ask why the category was changed in the new application.

Couple of years back when the category was wrongly mentioned in I-140 USCIS would deny the application summarily. Recently it has been noticed that USCIS would themselves request the attorney to change category and resubmit. So any request initiated by the attorney to change category (without USCIS asking for it) would be seen as a misuse of the current procedure and might suspect the intend.

So in summary its inviting trouble.

hth
dyno
 
Thanks a lot for your reply, I wanted to know different views on this, your answer explains in detail.

dynobuoy said:
It is possible to change it if your lawyer applies for it. But neither your lawyer or USCIS would appreciate such a change.

The reason an attorney would not like this because they had to submit additional documentation. Also they need to provide a valid reason for switching and USCIS would not be satisfied if the lawyer says that he did it for faster approval.

USCIS generally doesn't entertain these requests because they need to process additional documentation. In such a case USCIS might reject the current I-140 and request a fresh I-140 be filed. In such a case they can track your previous I-140 and might ask why the category was changed in the new application.

Couple of years back when the category was wrongly mentioned in I-140 USCIS would deny the application summarily. Recently it has been noticed that USCIS would themselves request the attorney to change category and resubmit. So any request initiated by the attorney to change category (without USCIS asking for it) would be seen as a misuse of the current procedure and might suspect the intend.

So in summary its inviting trouble.

hth
dyno
Click to expand...
 
Just as a note I would like to add that my lawyer has done it after I got an education RFE on my Eb2. Still waiting for the result however.

Rgds,

Yeppo
 
Can You post your education details please...
Mine is filed in Jan, but no updates yet.
My education details are 3 years B.sc and 3 years of NIIT
worried about my 3 year degree???Is there really worried thing

According to my employer my 140 is clearing but he is not giving me copy of that information.
My 140 details are not updated yet on the website.
:confused: about my situation :mad:


thanks
 
Hi Sree....
Clearing ?? either it should be approved or not approved.
Well I think your employer is not clear with you and not telling what’s going on.
Why do to you just file FOIA (http://uscis.gov/graphics/aboutus/foia/request.htm ), you do not have to tell your employer anything.




sree234 said:
Can You post your education details please...
Mine is filed in Jan, but no updates yet.
My education details are 3 years B.sc and 3 years of NIIT
worried about my 3 year degree???Is there really worried thing

According to my employer my 140 is clearing but he is not giving me copy of that information.
My 140 details are not updated yet on the website.
:confused: about my situation :mad:


thanks
Click to expand...
 
Thanks con_File_Feb

If my 140 is not cleared and if i apply for FOIA then will that be a problem
iam very sick about my employer :mad:
 
Mine is 3 yr Bsc + 1.5 yr NIIT. I do not know what possesed the lawyer to file under EB2 then. Even I honestly had no idea of these things at that time. Thanks to this portal and time I have some idea of these things but alas too late. Its been more than a month since my RFE was responded to but no reply as of late. At least they should not keep people hanging like this as precious time is getting wasted as the H1 also runs out.

Que sera sera..

Yeppo
 
Not at all, FOIA is to help and provide information. I have see lot of post, people who requested FOIA. I think it will not create any problem in either case.
if you want to get more opinions on this, post your question about FOIA on main thread.



sree234 said:
Thanks con_File_Feb

If my 140 is not cleared and if i apply for FOIA then will that be a problem
iam very sick about my employer :mad:
Click to expand...
 
Did your lawyer now changed the file from EB2 to EB3, do you know, what he did to do that? Is that a big issue to do?
Do not worry, once EB3 I think you will get your approval very soon.



yeppo said:
Mine is 3 yr Bsc + 1.5 yr NIIT. I do not know what possesed the lawyer to file under EB2 then. Even I honestly had no idea of these things at that time. Thanks to this portal and time I have some idea of these things but alas too late. Its been more than a month since my RFE was responded to but no reply as of late. At least they should not keep people hanging like this as precious time is getting wasted as the H1 also runs out.

Que sera sera..

Yeppo
Click to expand...
 
He said he has done so before. Took a while to prepare the brief. as you say the docs required are more. He seems optimistic. I do not know if it is a big deal. I just feel tired spending all this money and effort. I see a lot of people in this forum have gone thru worse. Hope... that is all left.

Yeppo
 
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