EB2 I140 RFE - Change to EB3

L

LaborBadhi

Registered Users (C)
Hello Gurus,

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.
 
What exactly I-140 RFE says? Your friend is lucky. If LC is for EB3 catagory, and if lawyer filed in EB2 purposly to get interm benefits, INS is giving you an option to convert to EB3. Some may not get that option with stright denial.

If your friend accepts to convert to EB3, then all your riding applications 485, EAD and AP will get denied, if the PD is not current at the time of 485 filed. Even if EAD and AP is approved, if INS denies 485 all will become invalid. Consult with attorney for other alternates.
 
LaborBadhi said:
Hello Gurus,

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.
---------your lawyer did a mistake. If PD wan't current when you applied for I-140, I-485, you are eligible for 3 years of 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.
Click to expand...
 
LaborBadhi said:
Hello Gurus,

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.
Click to expand...

Usually USCIS converts automatically EB2 to EB3.It does not require refiling. If His priority date was current while applying the I-485 He will be OK. Otherwise I-485 will be rejected.
 
LaborBadhi said:
Hello Gurus,

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.
Click to expand...
How long has your LC been filed?
 
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