I-140 RFE, Verify EB2 or EB3

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avisjk

Registered Users (C)
I got a RFE on my 140, asking if i applied in EB2 or EB3 category, what happens if the labor was for EB3 and 140 was applied under EB2. i think the attorney made a mistake in filing it as an EB2.

did anyone have this kind of RFE, or know about these cases.
 
Just my opinion - Please consult with an attorney

Sorry to hear that. I also received similar RFE in Dec 2004. We confirmed that it was EB2. No response from NSC yet.

If you/attorney/company feel your labor filing was for EB3, it is better to reply it as EB3. If you have evidence that it is EB2, attorney can try to convince NSC. Looks like most of the people in this forum have opinion to convert it to EB3 as it would be difficult to convince NSC if the ad did not mention masters degree or bachelors with 5 years progressive experience. Talk to your/a good attorney and take a good decision.
 
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