I-140 filed in wrong category

G

GCWhyNot

Registered Users (C)
Hi,

My attorney filed my I-140 and I-485 (for me and my wife) applications concurrently in Feb, 2004. No EAD/AP was filed. ND is 2/6/2004 for all forms. I didn't hear back from USCIS since then. No LUD change.

I have a 4yr BS. in Physics. My position is "Software Engineer" (Level 1). I went through regular Labor Cert.

Attorney's office made a mistake (checked the wrong box) and filed the I-140 in EB2 category. (We had agreed it would be an EB3 before filing.)

Within 2 weeks of ND, my attorney sent a letter to amend the application, accompanied with the corrected page of Form I-140. I don't know if this was even processed - certainly no LUD change.

Last week, the company general counsel and I called USCIS customer service line and described the situation. The representative said something about a "typographical error referral" (I know it is not appropriate for this problem) and then said she will place a "case status referral which describes the problem.". We were told we should hear back within next 60 days.

My attorney keeps telling me this is a very common problem and VSC certainly will detect the mistake after examining the paperwork.

Now I am worried. Is there a possibility of denial of I-140? Or should I expect an RFE? Which processing dates should I follow? :confused:

Is there any action I can take?

I would appreciate comments/suggestions from members of the forum.

Thanks.
 
Until you see a LUD on your I-140 or you actually receive a letter back from USCIS saying they have action'd your request (to change the category), you can assume that your case is being processed as EB2.

If that is the case, expect to receive a RFE. But, they will (atleast in most cases) give you an option to reply to RFE by giving your consent to switch to EB3 category.

From what my attorney and others in the board have opined, its not going to be quite helpful if you proactively send (after filing) information to USCIS.

Don't loose a sleep over this - You should in fact feel luckly actually becoz, there are indications that ppl who filed under EB2 are benefiting (or looks like they are going to ) the FOM.

All the best
 
GCwhynot...,

As you have filed in year 2004, and there are more chances that CIS will run out of visa numbers ...in this case EB2 moves faster than EB3...
 
Thanks for the replies.

So.. there is nothing to do but wait for RFE.

I wish you all the best!
 
You must log in or register to reply here.
Top