EB2 classified as EB3

H

hara-patta

Registered Users (C)
EB2 India, priority date: Nov 12 \'98, RD: Sep 17 2000, ND: Sep 30 2000, FP: 8/8/2000, EAC# 99 279 *****
I called IIO on tuesday and was told that my application is on hold and sitting on the shelf because their system shows that my case is in EB3 category and hence my priority date is not current. The fact is that my case was filed in EB2. I confirmed that with my lawyer. On Wednesday, my lawyer called IIO and explained to her how I should be in EB2 and not EB3 and that for some weird reason INS\'s system had me under EB3. My lawyer\'s office wrote INS a letter on Wednesday and attached I140 copy to prove that I was in EB2. IIO told my lawyer that they will have to pull my case off the shelf and give it to a supervisor(which will take atleast 2 weeks) to make sure it really belongs to EB2 and not EB3.

Has anyone else been in a similar situation?
 
No Title

A good question to ask when you call IIO:
There is a lesson to be learnt from my earlier posting. Whenever you call IIO make sure that INS has your case in the category you filed. You might be waiting patiently for you approval and later find out that INS had you under EB3 instead of EB1 or EB2 by mistake.

BTW my RD and ND are Sep 17 \'99 and Sep 30 \'99. Earlier I posted them as 2000 by mistake
 
No Title

I had the same probelm. There was a RFE in I-140 to change the category to EB3. My Lawyer replied to the RFE(140). But INS approved it in EB2 (as per the approval notice). But in 485 it is showing as EB3. INS has informed my lawyer that 140 is actually approved in EB3 NOT EB2. So my 485 is now going as EB3. This has happened to some 15 people in my company. If you have any questions send me a email.

EB2?/EB3, India, PD-23 Jul 98, RD 22 Oct 99, ND 28 Oct 99. No FP yet.
 
No Title

jmp, How do I email you?

Does your 140 approval notice say "Professional with Advanced Degree or Exceptional Ability" because that is what classifies you as EB2. And if your 140 was approved as EB2 how can INS now process your 485 in EB3 category(just because they mistakenly approved your 140 in EB2)? Did INS call your lawyer to inform about this or your lawyer called them?
 
No Title

Yes it says "Professional with Advanced Degree or Exceptional Ability" and section is 203b(2) which is EB2. Lawyesr sent letters and spoke to them. As per INS even though the approval says its EB2, It is EB3. The letter was sent with wrong classification. You can email me by private e-mail in this chat board.
 
No Title

I tried sending you private message, didn\'t seem to work. Did you get it?
Did you file 485 in EB2 category? and then later on INS moved it to EB3 and called your lawyer?

When you got RFE for I140 did your lawyer send documents to support your application in EB2 or to move it to EB3? And INS overlooked it all and approved you in EB2. Is that what happened?

Please reply.I don\'t understand why INS says I am EB3 not EB2. I didn\'t get any RFE for I140, my I140 was approved for EB2. Now after filing 485, 15 months later they are telling me its in EB3 shelf not in EB2.
 
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