Confusing - EB2 or EB3 ?

R

Rose101

Registered Users (C)
I had following under notice type of I-140 approval notice.

Notice Type : Approval Notice
Section: Skilled Worker or professional ,
Sec: 203(b) (3) (A) (i) or (ii)

My attorney filed my application under EB2. But it seems I was taken as EB3.

Can anybody help me to understand. Thnaks in advance.
 
Which box did your attorney select in Section 2 on your I140 application?

d is EB2, e is EB3

An EB2 approval would state
Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability, Sec.203(b)(2)
 
Attorney told me that I am being filed in EB2

My attorney did not disclose what is on I-140 Application. May be he might have reported it to my employer. I sent a query to know. I do not know what are my options to correct this.

pcc said:
Which box did your attorney select in Section 2 on your I140 application?

d is EB2, e is EB3

An EB2 approval would state
Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability, Sec.203(b)(2)
Click to expand...
 
you would be able to refile as EB2, as long as the labor supported it

Rose101 said:
My attorney did not disclose what is on I-140 Application. May be he might have reported it to my employer. I sent a query to know. I do not know what are my options to correct this.
Click to expand...
 
check your LC requirement..if it states it requires M.S or B.S. plus 5 years experience, then you qualify for EB2. you can refile I-140 as EB2, no need to wait for EB3 approval. you can have 2 140 approval at hand.

if LC requirement only states B.S or higher or M.S., it only as EB3. before your lawyer filed 140, you or your employer should check it and signed it...honest to say, you are not responsible for yourself...never completely trust lawyer....the only one you can trust for the GC journey is yourself....
 
Thnaks to all for helping me out.

My LC has B.S. with 5 year experience. Applying for I-140 again is a complicated process for which my employer should agree. Is not it ?
Since I already my I-140 is approved, Is it a good choice ?

lc4gc said:
check your LC requirement..if it states it requires M.S or B.S. plus 5 years experience, then you qualify for EB2. you can refile I-140 as EB2, no need to wait for EB3 approval. you can have 2 140 approval at hand.

if LC requirement only states B.S or higher or M.S., it only as EB3. before your lawyer filed 140, you or your employer should check it and signed it...honest to say, you are not responsible for yourself...never completely trust lawyer....the only one you can trust for the GC journey is yourself....
Click to expand...
 
I don;t know if there are any provisions to correct the error on an approved I140

You appeared to have filed concurrently so I'm not sure what the consequences of a new I140 are in this case. You may have to withdraw the I485 and refile. You would have to pay filing fees again. Depending on when the medical was performed, you may also need a new medical as they are only valid for a year or 18mths (cant remember) Best to discuss or check your attorney.

Also with Eb2 Bsc+5yr you have additional risk of it being denied if they do not consider the experience as progressive or if you gained some of that experience in your current position.

On the upside you now are eligible for 3 yr h1b extension based on approved I140 instead of the usual 1 yr extensions. Also you have I485 pending for more than 6mths so AC21 may apply if you ever need it.
 
Thanks for detailed analysis

Many Thanks pcc

My 140 & 485 are concurrently filed and 140 is approved in March 2005. You are exactly right. I am not planning to change/reapply anything now. I can live with the EB3. My qualifications in India are BSc+MBA+>5yr experience. I can be clearly identified as EB2. I do not know if this is a mistake by BCIS or a deliberate miss by my attorney/company. I applied for 2nd EAD and not going to use H1B or AC21 in new future.


pcc said:
I don;t know if there are any provisions to correct the error on an approved I140

You appeared to have filed concurrently so I'm not sure what the consequences of a new I140 are in this case. You may have to withdraw the I485 and refile. You would have to pay filing fees again. Depending on when the medical was performed, you may also need a new medical as they are only valid for a year or 18mths (cant remember) Best to discuss or check your attorney.

Also with Eb2 Bsc+5yr you have additional risk of it being denied if they do not consider the experience as progressive or if you gained some of that experience in your current position.

On the upside you now are eligible for 3 yr h1b extension based on approved I140 instead of the usual 1 yr extensions. Also you have I485 pending for more than 6mths so AC21 may apply if you ever need it.
Click to expand...
 
My understanding is, you can file another I-140 for EB2 while your current I-485 is pending. If that I-140 is approved, you just have to wait until the EB2 PD is current in the VISA bulletin. Then you can request USCIS to transfer your pending I-485 application to the second I-140. No need to submit I-485 again.
 
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