I-140-Help

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rakeshr

Registered Users (C)
I got an RFE for my I-140 petition. My attorney replied to the petition.(Changed my category from EB2 to EB3).

ND/RD-03/19/02
EB2

Last night I checked the AVM and it says " A WRITTEN DECISION WAS MAILED IN THIS CASE".

Did any one had a similiar experience or have an idea about what it means ?

Thanks in advance
Rakesh
 
Sorry to hear about your RFE

rakeshr,

Written decision usually means that there is a case for denial. Has something gone wrong in the paperwork.

This is the first time that I am hearing about changing from EB2 to EB3. The problem may be that the LC wording may have been off. Could you put out more details as to education and experience and the RFE itself. All the best.

Rsur
 
I got the same message from the INS. My lawyer is going to amend my file and change it to unskilled worker!!!. Is it possible to amend the file after it was denided? What should I do??
 
Yes we can start fresh LC and file I-140 again.
Even I am doing that.
Why your case was denied?

Rakesh
 
It was because INS said that the ad doesn't match with the level of the case that I filed for. Basically we said that we need somebody with at least associate degree, and one year of experience, which should combine to about 2 years of education and another year of work experience. But somehow INS said that the ad is not qualify for skilled worker. :confused:
 
I had the same problem

I checked my case online, and it said it has been denied. My RD is 2/25/2002, the denial decision was made on 09/20/2002. I have not received the paper work yet.

I think the reason is:
My lawer made a mistake. My LC is EB3, but by mistake my lawer marked "advanced degree or extraordinary ability member" which is EB2 for my 140.

So, it is not possible to get approved. I knew this problem one month ago and my lawer sent a withdraw letter on 08/22/2002. But it seems INS did not withdraw my case and still processed it and denied it on 09/20/2002. I already re-filed my 140 together with 485 (concurrent filing) on 08/27/2002.

Will this affect my new 140 and 485 application?

Thanks.

Jingzhi
 
Jinghzi,

You will be fine. Don't worry. File your I-140 again.

You I-485 application will be returned, (it happened with me).


Thanks
Rakesh
 
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