All: Need help/advice. Confusing situation and don't know which way to go.
I got a RFE on my I-140 last week. The RFE was for my 3 Year B.Sc degree + 3 year Post Graduate Program is not equivalent for the 4 Years BS required for EB2.
Here's background on my case and then I'll follow it with questions.
Got Labor Cleared in March 2008 and filed for I-140 in April 2008 (porting previous EB2I140 from 2006)
Aug 2008: Applied for I485, EAD and AP as dates for my previous I140PD was current.
Oct 2008: Received the EAD and AP.
Nov 2008: Received RFE on I-140.
In the RFE, it says that if you are unable to justify the 4year BS requirement, you can request a preference classification change
Questions:
*Is it worth replying (fighting) USCIS over the 4 year BS requirement by adding more information on equivalence of my 3 years BSc + 3 Year PGD to an B. S.? Also, I 've been approved previously(in 2006) with same education and experience in this category. Does that help my case?
What if they deny the case. I would need to file for MTR and/or file new application and go through the whole trouble again.
* What if I move my case to EB3?
What are my chances that my case will approve in EB3 category if I accept to downgrade my application from EB2 to EB3? I've heard/seen on forum where folks of 3 year degree have got RFE in EB3 petition as well.
* What does moving to EB3 means to my I485. Would my current application get canceled or will it get transferred to EB3 as well? Will they revoke my EAD and AP? Do I need to wait again for my PD to become current in EB3 category (which I don't know when will it happen) to file new I485.
Any advice on this matter will be helpful. My lawyer is suggesting to move to EB3 category. Don't know if that's the right thing to do.
I got a RFE on my I-140 last week. The RFE was for my 3 Year B.Sc degree + 3 year Post Graduate Program is not equivalent for the 4 Years BS required for EB2.
Here's background on my case and then I'll follow it with questions.
Got Labor Cleared in March 2008 and filed for I-140 in April 2008 (porting previous EB2I140 from 2006)
Aug 2008: Applied for I485, EAD and AP as dates for my previous I140PD was current.
Oct 2008: Received the EAD and AP.
Nov 2008: Received RFE on I-140.
In the RFE, it says that if you are unable to justify the 4year BS requirement, you can request a preference classification change
Questions:
*Is it worth replying (fighting) USCIS over the 4 year BS requirement by adding more information on equivalence of my 3 years BSc + 3 Year PGD to an B. S.? Also, I 've been approved previously(in 2006) with same education and experience in this category. Does that help my case?
What if they deny the case. I would need to file for MTR and/or file new application and go through the whole trouble again.
* What if I move my case to EB3?
What are my chances that my case will approve in EB3 category if I accept to downgrade my application from EB2 to EB3? I've heard/seen on forum where folks of 3 year degree have got RFE in EB3 petition as well.
* What does moving to EB3 means to my I485. Would my current application get canceled or will it get transferred to EB3 as well? Will they revoke my EAD and AP? Do I need to wait again for my PD to become current in EB3 category (which I don't know when will it happen) to file new I485.
Any advice on this matter will be helpful. My lawyer is suggesting to move to EB3 category. Don't know if that's the right thing to do.