Hello Everybody,
My friend's lawyer filed his 140/485 in EB2 even though he knew that the case was qualified for EB3. Reason to do that was his six years were expiring and he was not qualified for H1 extension. He had enough experience to qualify for EB2 but lawyer had screwed up while filing Labor and didn't do it in EB2. Long story short, his Labor was EB3 and 140 was filed in EB2. He has got his EAD and AP already.
Now, USCIS has raised RFE on 140 and are asking it to change it to EB3 and file it again. His H1 extension application is pending but chances are it is going to get rejected. He filed it in hope that if 140 gets approved then he will get the extesnion. Six years are already over.
Question is what is his status right now, what happens to EAD and what is the way out so that he can remain in US legally.
Any help will be appreciated.
Thanks,
It sucks to be on H1.
My friend's lawyer filed his 140/485 in EB2 even though he knew that the case was qualified for EB3. Reason to do that was his six years were expiring and he was not qualified for H1 extension. He had enough experience to qualify for EB2 but lawyer had screwed up while filing Labor and didn't do it in EB2. Long story short, his Labor was EB3 and 140 was filed in EB2. He has got his EAD and AP already.
Now, USCIS has raised RFE on 140 and are asking it to change it to EB3 and file it again. His H1 extension application is pending but chances are it is going to get rejected. He filed it in hope that if 140 gets approved then he will get the extesnion. Six years are already over.
Question is what is his status right now, what happens to EAD and what is the way out so that he can remain in US legally.
Any help will be appreciated.
Thanks,
It sucks to be on H1.