I140 RFE for Convertion from EB2 to EB3

R

raj_agrawal_04

Registered Users (C)
Hi Guys,
I wanted to know whether anybody got the RFE from the uscis saying to convert the application from EB2 to EB3 and got it approved.
140 EB2 RD Sometime Nov 2004, got RFE saying LC has BS + 5 years exp
so it can not be EB2. My attorney replied RFE to accept the uscis interpretation and requested to process it as EB3.
485 filed in Dec' 04.
Does anybody in the same boat and got approved.

Thx Raj.
 
I have the same RFE as you - Need advice

Hi,

I have got the same RFE as you and was wondering as to if your case got approved ?. My lawyer is going to accept conversion to EB3 as well so I just wanted to knowhow it went with you.

Thanks!
 
You should be ok.

I seen cases getting approved earlier after changing from EB2 to Eb3. As per me, you guys are going to get approvals 95%.
 
I was issued similar RFE last year. I got it approved in 4 weeks time after changing the category.

raj_agrawal_04 said:
Hi Guys,
I wanted to know whether anybody got the RFE from the uscis saying to convert the application from EB2 to EB3 and got it approved.
140 EB2 RD Sometime Nov 2004, got RFE saying LC has BS + 5 years exp
so it can not be EB2. My attorney replied RFE to accept the uscis interpretation and requested to process it as EB3.
485 filed in Dec' 04.
Does anybody in the same boat and got approved.

Thx Raj.
Click to expand...
 
rajudm said:
I was issued similar RFE last year. I got it approved in 4 weeks time after changing the category.
Click to expand...
I got the same RFE convert from EB2 to EB3. If we accept for EB3, will USCIS process 485 as per the priority dates? If USCIS not satisfied with our reply for convincing for EB2, what will happen? What options do I have?

Any help is appreciated.

Thanks in advance,
-RM.
 
RajaSri said:
I got the same RFE convert from EB2 to EB3. If we accept for EB3, will USCIS process 485 as per the priority dates? If USCIS not satisfied with our reply for convincing for EB2, what will happen? What options do I have?

Any help is appreciated.

Thanks in advance,
-RM.
Click to expand...


you cannot convince USCIS to approve in EB2 despite having EB2 credentials. It is the labor approval category that matters. If the labor advertisement and salary requirements are for EB3, one can only be approved in EB3. Do not fight for EB2? if you do there are chances of getting denied.

After changing to EB3, the priority date remains same (no change) I485 will be process as per PD being current.
 
Friends, Any one got his/her 140 approved after accepting EB3 for the above RFE? How long it takes for the decision after replying the RFE?

- RM.
 
RajaSri said:
Friends, Any one got his/her 140 approved after accepting EB3 for the above RFE? How long it takes for the decision after replying the RFE?

- RM.
Click to expand...

my case got approved after chaning the category (took 4 weeks)
 
Advice please

Rajudm, Raj_agarwal,

Guys I need your advise. I have to decide whether I should go for a PERM LC with strong EB2 requirements. My current LC is pending now. It was applied for Sr.Engineer position with BS+6yrs experience requirement. I had BS+9 yrs exp at the time of LC filed.

There is no mention of "Master degree" requirement or "progressive experience" wordings in my pending LC. What is your advise for selecting the class (EB2 or EB3) to file I-140? I intend to file in EB2 class in Nebraska, as EB3 retrogressed for India.

What will be the possibilty of INS to accept our EB2 Claim? Will they just ask us to convert EB3? May I know, what is the reason for your lawyer reccomedation to accept to EB3(as per INS RFE), though your LC and you guys had BS+5 years experience?
 
If the LC advertisement just satisfies EB3...cannot apply for EB2 at I140 stage. So we decided to go with EB3.


Gc_puli said:
Rajudm, Raj_agarwal,

Guys I need your advise. I have to decide whether I should go for a PERM LC with strong EB2 requirements. My current LC is pending now. It was applied for Sr.Engineer position with BS+6yrs experience requirement. I had BS+9 yrs exp at the time of LC filed.

There is no mention of "Master degree" requirement or "progressive experience" wordings in my pending LC. What is your advise for selecting the class (EB2 or EB3) to file I-140? I intend to file in EB2 class in Nebraska, as EB3 retrogressed for India.

What will be the possibilty of INS to accept our EB2 Claim? Will they just ask us to convert EB3? May I know, what is the reason for your lawyer reccomedation to accept to EB3(as per INS RFE), though your LC and you guys had BS+5 years experience?
Click to expand...
 
Thanks Rajudm,

In my case, the LC advertisements requires BS+6yrs experience. Also In LC form (ETA 750A) the minimum requirements are BS+6 yrs experience.
Now my question is should I file my I-140 in EB2 or EB3?
 
EB2 I-140 RFE about progressive experience. Can I change it to EB3 now?

Gurus,
Can you please advice me about the possibility of EB3 conversion after a I-140 RFE on EB2?

Country: India
Date of Joining with current employer : Jan 2006.
EB2 PERM Filing/ Approval Date: Aug 2006.
EB2 I-140 (Regular) Filing Date: Nov 2006.
EB2 I-485/ EAD filing Date: July 2007.
EB2 I-140 RFE received date: Sep 2007.

RFE reads as below.

---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------

My attorney interpreted the degree completion as year 2000 instead of 2002 as my degree certificate has 2 dates on it. Even though I have a total of 5 years of experience (2000 to 2005) , I have only 3 years of progressive experience between 2002 and 2005 Dec. I have to respond to the RFE now. If INS allows to convert this case as EB3,the issue is resolved I assume. My attorney is saying that, all he can do is request for EB3 conversion as a response to the RFE. He's also getting a modified job requirement letter from my employer to specify that the job requirements can be sufficed by EB3 rather than EB2.
Labor certification only says Bachelors degree and 5 years of experience. Its not specific about progressive. I have 5 years of solid experience as my degree was between 1996 and 2000 year. I was recruited in 2000 and have work experience from that point. I had one supplementary exams each which I had to write in 2001 and 2002 respectively.

What are the chances of INS agreeing for a EB3 conversion at this point of time? How should my lawyer request for EB3 conversion.
How can I keep my I-485/EAD without getting revoked due to I-140 denial.

Some people told me to file a new PERM as backup and while filing I-140 tie the old I-485 in order to keep the already filed EAD alive. Will INS agree to that always?

Whoever is reading this thread please advice me. I don't have many friends who are knowledgeable enough to help me in this kind of complex situation.
Thanks in advance.
 
hi enggr,
can u update on what happened to ur pending I-485? were u able to tie the new I-140 to old I-485?

thanks...
 
No New I-140

curious21 said:
hi enggr,
can u update on what happened to ur pending I-485? were u able to tie the new I-140 to old I-485?

thanks...
Click to expand...

I didn't file a new I-140. I responded to the old I-140 RFE requesting for an EB3 consideration instead of EB2. Still waiting for the results.
 
ok, thanks enggr. My attorney sent reply to intent to revoke letter for my approved I140 on dec 4th and nsc received on dec 6th. No update on my case too.

Best of luck..
 
My request to convert from EB2 to EB3 got denied. Hence I140, I485, AP and EAD all canceled. I am filing a new I140 application under EB3
 
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