Concerned! -- I-140 approved in EB2, I-485 processing in EB3

H

Hoky

Registered Users (C)
My stats are: EB2 India, ND/RD 8/99, RFE-Jan \'01 for birth certs, waiting for approval.

I spoke to an IIO today and she gave me the shock of my life. Even though my I-140 has been approved as EB2, she claims that INS is processing it in EB3 category. And because visa numbers are not available in EB3, my approval is on hold.

Anyone encountered this situation before and what is my recourse?

Thanks!
 
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Hi Kipps,

I just talked to INS and they said the same thing for me. In my Case I filled 485 first in EB3 and then I put in my amended EB2 I140. I expected it to be approved in EB2. They now say it is waiting for visa availability. I now leave it to the guy above.
 
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I\'ll pray for you as well alongside mine! Spoke to my attorney today, if he comes forth with any useful info I\'ll share it with you.
 
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It seems Visa not available is general answer. I spoke to IIO 2weeks ago , they said your case is on hold because of the company name change & also confirmed that my base i-140 as EB2 ( i switched my underlying I-140 to eb2 from eb3). I called again today - IIO says my case was reviewed on Mar\'9th and visa was not available at that point in time. I dont think that is my case because my PD is jan14\'98 & nd - sep\'99.
 
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Hi Guys,

"Waiting for visa availability" is the standard answer. It happened to me too. Last week I called them. The IIO was very kind and after taking some time (probably she was trying to get my file details on the screen) confirmed that my I-140 was approved in EB2 and I-485 is getting processed in EB2 category only. When I pointed out to her that for EB2 the PD is July\'00 she was telling me that my PD is May\'98 and they were processing Sep\'97 right now so I should wait for some more time. Again I told her that PD Sep\'97 is for EB3 not for EB2 then she says then it will take another 30-60 days to get approval.

My attorney says that IIO never gives right info. and some times they don\'t even have access to the updated info on our files for months together.
For me I don\'t believe neither. But have trust on God.
My details are PD:05/98 EB2 India ND 09/99 FP 08/00 No RFE so far. Waiting.
 
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None yet. Attorney promised to get it resolved by today. Will keep you posted.
 
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