I-140 EB2 RFE, Switch to EB3

bayareagc

Registered Users (C)
Really appreciate if anyone can shed some pointers/input.
I have been running behind this green card process for 6 years now and havent even crossed the first stage.

This is my info:

Company: A big one in bay area
Labour 1
Priority date: 08/2001
Receipt date: 10/2002
Remanded to State: 06/2003(Not auto-remanded, employer remanded).
@Dallas BEC center now(45 day letter received and responded June' 2006).
Job Description: MS in CS/MIS + 3 years, Will accept BS in CS/MIS or foreign degree equivalent + 5 years of progressive experience.
My Qualification: BSc., Zoology + PGCDS + 5 years experience. BSC and PGDCS was evaluated by a private evaluator to be equivalent to BS in CS/MIS at the time of filing.

Labour 2, PERM
PD: 06/2006, Approved on 11/2006
140 filed in premium processing for EB2, 11/15.
RFE issued on 11/17.

My attorneys are saying that this RFE is for three year degree but they are not detailing or showing me what it is.

What are my options now?
-If the case gets denied in EB2, can i immediately file the application in EB3 under premium processing?

- If i file in EB3 what is the chance of getting this approved given that the job description says BS+5years and if you add up my experience to qualification then i will not have the experience required for the job.

-Can i amend the pending labour application and make adjustments accordinglly so that when we file for 140/485 with the old one, denial does not happen? Amedments in description to suite my education and experience. What is the process? Will it reset my priority date?

-any other options.

Thank you for reading through this email, I am loosing hope on GC and @my age with kids born and raised here, it is very difficult to relocate. Really appreciate your input.
 
Should be able to file in EB3

bayareagc said:
Really appreciate if anyone can shed some pointers/input.
I have been running behind this green card process for 6 years now and havent even crossed the first stage.

This is my info:

Company: A big one in bay area
Labour 1
Priority date: 08/2001
Receipt date: 10/2002
Remanded to State: 06/2003(Not auto-remanded, employer remanded).
@Dallas BEC center now(45 day letter received and responded June' 2006).
Job Description: MS in CS/MIS + 3 years, Will accept BS in CS/MIS or foreign degree equivalent + 5 years of progressive experience.
My Qualification: BSc., Zoology + PGCDS + 5 years experience. BSC and PGDCS was evaluated by a private evaluator to be equivalent to BS in CS/MIS at the time of filing.

Labour 2, PERM
PD: 06/2006, Approved on 11/2006
140 filed in premium processing for EB2, 11/15.
RFE issued on 11/17.

My attorneys are saying that this RFE is for three year degree but they are not detailing or showing me what it is.

What are my options now?
-If the case gets denied in EB2, can i immediately file the application in EB3 under premium processing?

- If i file in EB3 what is the chance of getting this approved given that the job description says BS+5years and if you add up my experience to qualification then i will not have the experience required for the job.

-Can i amend the pending labour application and make adjustments accordinglly so that when we file for 140/485 with the old one, denial does not happen? Amedments in description to suite my education and experience. What is the process? Will it reset my priority date?

-any other options.

Thank you for reading through this email, I am loosing hope on GC and @my age with kids born and raised here, it is very difficult to relocate. Really appreciate your input.

Based on the experiences of other members in this forum you should be able to file in EB3 using the same EB2 labor. Try filing I-140 using premium using the same EB2 LC. Please see the below forum for information on how other members on this forum were successful using this strategy.

http://boards.immigrationportal.com/showthread.php?t=196367&page=39&pp=15
 
try to get the exact RFE... i have posted my exact RFE somewhere in this thread..is your attorney asking for more informations..letter from istitue and stuff like that...
 
Top