I-140 Denied because of Typo in EB category

A

affluent

Registered Users (C)
Hi,

My I-140 was denied recently because of typo made by my company when the application was filed.

Basically they chose invalid category (EB2) by mistake instead of skilled worker catergory(EB3).

Labor - Filed and approved in EB3
I-140 applied mistakenly in EB2.
USCIS denied my I140 without any RFE.

My lawyer is requesting to MTR to consider the application in EB3.

Was there anyone in my situation who got I140 approved after MTR/Appeal.

What are my chances to get I-140 approved ?

Thanks
 
My 140 approved after MTR !!!!!!!!

Hi Guys,

Would like to share a good news.

My I-140 was approved yesterday 4/9/2008 after my lawyer filed a Motion-To-Reopen on earlier denied case.

My 485 was also re-opened subsequently.

Basically lawyer responded that is a mistake to mark Advance Degree category instead of Skilled Worker category. He pointed out to his original COVER letter where he indicated that he was filing I140 application in EB3 category.

Finally relieved ...

Thanks
 
Strange !!!

I recently came to know that my MTR I-140 was approved in EB2 category.

I-140 was denied for the very same reason initially (Cannot qualify for EB2 category).

My lawyer made MTR and explained I am qualified only in EB3. Inspite of this USCIS approved in EB2.

Is it a mistake on USCIS ? I am not sure which category my 485 is being processed ?

Can anyone explain ?

Thanks
 
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