EB2 - EB3 mistake

D

Dull in Dallas

Registered Users (C)
Hi all,
I came to know through congress man that my case was mistakenly classified as EB3 though I filed under EB2 and my I140 indicates EB2. I know some people get over this issue. My lawyer takes no interest and is useless. I am planning t change him anyway. My question is there any way I can get this corrected? how long will it take?
Any suggestion much apreciated.

Thanks
 
Use Nunc Trunc Pro

We had the same issue when we first applied for I-485. Our lawyer messed up everything and applied in eb3 and the file got rejected. Then we applied again through the option using Nunc Trunc Pro through another lawyer and our file got accepted. We got our EAD's and Ap's too.

Don't worry ! Hire a good lawyer and re apply using Nunc Trunc Pro.
 
Dull in Dallas said:
Hi all,
I came to know through congress man that my case was mistakenly classified as EB3 though I filed under EB2 and my I140 indicates EB2.
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Maybe the congressman is mistaken. The I-140 itself says EB2. Go for Infopass to find out in which category they have been treating your case for the I-485. And ditch the lawyer.
 
Time to contact USCIS

Thanks for all your replies. My lawyer says he cannot do anything for another 60 days! Congressman advises to go directly with Infopass and check, which I amplannign to do. Anyway i hope ths will give me some light. What other options do i have? Any phone no. to call? or fax?
 
I have seen this type of mistake will be corrected by submitting the amendment process. And most of them got success. The reason I inform this is, whn I try to fix my case, I have seen this type of issues in this portal, murthy and other forum.

My case scenario is little different. The LC was filed under EB2, but I-140 was filed incorrectly with EB3. To correct this mistake, the amendment was submitted before the approval in 2003. But it got approved as EB3 and the amendment was not taken care appropriately. I came to know this after 5 years. Still struggling to get the correct details and process from the attorney to correct the same. The attorney is not so co-operative. I had a InfoPass in local office and they have suggested to re-submit the same amendment to correct the same.

I am in the process of getting details and to submit the amendment. If I receive any further update will keep updated. Please keep us posted on your case.
 
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usrh1b said:
I have seen this type of mistake will be corrected by submitting the amendment process. And most of them got success. The reason I inform this is, whn I try to fix my case, I have seen this type of issues in this portal, murthy and other forum.


I am in the process of getting details and to submit the amendment. If I receive any further update will keep updated. Please keep us posted on your case.
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Thanks. My attorney is also not interested. Is there anyway I myself can submit this amendment?
 
your attorney should listen to whoever paid for filing 140.140 bleongs to your employer and he has to take initiative to refile/attorney change
 
I140 is correct

desi2007 said:
your attorney should listen to whoever paid for filing 140.140 bleongs to your employer and he has to take initiative to refile/attorney change
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My I-140 was filed under EB2 and it indicates EB2. USCIS made this mistake in I-485 stage!
 
I had the same issue with wrong I-140 (EB3 instead of EB2). I did 4 things:
1) Wrote to the First Lady - they followed up with USCIS (in 2 months) and the mistake got corrected.
2) Wrote to USCIS Ombudsman - they followed up with USCIS after 3 months and by then my GC was approved.
3) Infopass - they were totally clueless...most useless bunch of people sitting there and wasting taxpayer's money.
4) Wrote to Texas service center - they sent back a letter promptly asking me call USCIS Customer Service (which I didnt do since by then I lost faith in that department)

Overall, the First Lady's office was most effective in my case.
 
You still don't know for sure that the I-485 is being treated as EB3. Infopass cannot fix it, but they should (hopefully) be able to find out if the I-485 is being processed as EB2 or EB3. Since this error (if there is an error) occurred at the I-485 stage, you can follow up on your own without your employer or employer's lawyer.
 
Jackolantern said:
You still don't know for sure that the I-485 is being treated as EB3. Infopass cannot fix it, but they should (hopefully) be able to find out if the I-485 is being processed as EB2 or EB3. Since this error (if there is an error) occurred at the I-485 stage, you can follow up on your own without your employer or employer's lawyer.
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Thanks. My I-485 is processed as EB3 based on the e-mail from USCIS to my congressman. My I-140 clearly indicates EB2. I am trying ot fix this error. Any suggestion is welcome. I cannot talk directly to IO officer. Only way is through th e attorney. hope I will get some light soon.
 
Dull in Dallas said:
Thanks. My I-485 is processed as EB3 based on the e-mail from USCIS to my congressman. My I-140 clearly indicates EB2. I am trying ot fix this error. Any suggestion is welcome. I cannot talk directly to IO officer.
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Infopass is almost as good as directly talking to them. The email could be a typo or some other mistake. Go for an Infopass appointment to find out if it is really being processed as EB3 or not.
 
Eb2 - Eb3

Jackolantern said:
Infopass is almost as good as directly talking to them. The email could be a typo or some other mistake. Go for an Infopass appointment to find out if it is really being processed as EB3 or not.
Click to expand...

Yesterday i got a mail from Ombudsman indicating the same that my case is classes as EB3 though I-140 indicates EB2. I am having an infopass on Friday. Can i write to Ombudsman to help me to correct this?
 
Infopass

Today I had an Infopass appointment. My case is classified as E32 instead of EB2. I don't know what this means. Anyway the officer sent a mail to TSC after checking my I-140 and congress letter. Hope something happens.
:confused:
 
EB1, EB2, EB3 are just our shorthands, not the official names for the categories.

With you having filed an I-485, E32 is a double mistake they made. E32 = EB3 consular processing but you are neither EB3 nor pursuing consular processing. You should be E26.

See http://www.immigrationportal.com/showthread.php?t=178242
and https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C
E21=EB2, immigrant visas issued.
E26=EB2, status adjusted.
E22=spouses of EB2, imigrant visa issued.
E27, spouses of EB2, status adjusted.
E23=children of EB2, immigrant visas issued.
E28=children of Eb2, status adjusted.

E31= EB3, skilled workers, immigrant visas issued.
E32=EB3, with Bachelors degree, immigrant visas issued.
E36=EB3, skilled workers, status adjusted.
E37=EB3, with Bachelors degree, status adjusted.
E34=spouse of EB3, immigrant visas issued.
E39=spouse of EB3, status adjusted.
E35=children of EB3, immigrant visas issued.
E30=children of EB3, status adjusted.
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Has your issue been resolved?

usrh1b said:
I have seen this type of mistake will be corrected by submitting the amendment process. And most of them got success. The reason I inform this is, whn I try to fix my case, I have seen this type of issues in this portal, murthy and other forum.

My case scenario is little different. The LC was filed under EB2, but I-140 was filed incorrectly with EB3. To correct this mistake, the amendment was submitted before the approval in 2003. But it got approved as EB3 and the amendment was not taken care appropriately. I came to know this after 5 years. Still struggling to get the correct details and process from the attorney to correct the same. The attorney is not so co-operative. I had a InfoPass in local office and they have suggested to re-submit the same amendment to correct the same.

I am in the process of getting details and to submit the amendment. If I receive any further update will keep updated. Please keep us posted on your case.
Click to expand...

I am in the same boat as you do. Let me know what steps you took to resolve your case.
 
Sunny
Sorry for the delay in responding to your note. I am still having the same problem and not yet corrected. My attorney is not co-operating well. I have checked with Infopass, they said that you dont have any right to get additional details of your I140 as it belongs to Employer...

It's crazy, but that is the reality on my end... Without employer and attorney help, I am not able to make much progress.. I have seen other same cases, the attorney refiled without cost also.

If you make any progress on your case, please update it.
 
Hello All I am in the same situation

Hello Dull in Dallas, Usrh1b, mailsunnydeol, mubeen:

I am in the same sitution and sent you message. can you guys check your message and respond.

Regards
 
usrh1b said:
Sunny
Sorry for the delay in responding to your note. I am still having the same problem and not yet corrected. My attorney is not co-operating well. I have checked with Infopass, they said that you dont have any right to get additional details of your I140 as it belongs to Employer...

It's crazy, but that is the reality on my end... Without employer and attorney help, I am not able to make much progress.. I have seen other same cases, the attorney refiled without cost also.

If you make any progress on your case, please update it.
Click to expand...

My lawyer filed for a new I-140 with no refiling costs. Its taking one year for I-140 processing right now in NSC. I should have been current right now but for lawyers mistake....I hope USCIS opens up premuim processing for I-140, so that I can expedite my process.
 
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