I140 RFE for Convertion from EB2 to EB3

[virtuo0]

Hey xtronics,
Sorry to hear that your 140 and 485 are canceled. If you don't mind can you tell me how log did it take for 485 to be canceled after the rejection of 140 ? I also received a denial notice on my 140 and my 485 is still open after 3 months. Of course we appealed the decision. Funny thing is i received FP notice after 140 rejection but before appeal is filed.
Thanks.

 

[hellogc_2006]

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

Sorry to know this. Do you know what is the reason uscis gave while denying your request?

So, are you using the same labor to file in EB3? If so, make sure that you LC can be used for EB3. If you have MS or 5 years progressive experience requirement, then you won't be able to file in EB3.

Best of luck.

 

[xtronics]

Sorry to know this. Do you know what is the reason uscis gave while denying your request?

So, are you using the same labor to file in EB3? If so, make sure that you LC can be used for EB3. If you have MS or 5 years progressive experience requirement, then you won't be able to file in EB3.

Best of luck.

Thanks Hello gc. I am applying using the same labor under EB3 now. My I485 was denied based on the fact that I-140 is denied. That is per the internal sources (throough AILA members that my lawyer knows). The I-140 status still shows response received for RFE. But I-485 status shows denied . I don't know how that could happen. If my I-485 is denied my wife's status should also should say denied. But hers says still pending. May be it is imminent. I did not receive the denial notice. Mine is a very convoluted case. Took a second opinion from another attorney. Best option to keep the priority date is file another I-140 with EB3.
** If your priority date is prior to Jul 07 and I-140 is denied, and you are wishing to apply for another I-140 tomorrow is the deadline. USCIS should receive it by tomorrow. My attorney is sending it today overnight

 

[xtronics]

Hey xtronics,
Sorry to hear that your 140 and 485 are canceled. If you don't mind can you tell me how log did it take for 485 to be canceled after the rejection of 140 ? I also received a denial notice on my 140 and my 485 is still open after 3 months. Of course we appealed the decision. Funny thing is i received FP notice after 140 rejection but before appeal is filed.
Thanks.

I am sorry to hear that. My I-485 is denied (online status only. No notice yet) even before officially receiving I-140 denial (I-140 is not officially denied yet. Came to know through internal sources of my lawyer.
I am not planning on appealing the I-140 denial as there is a very very less chance for it to get approved. (that is just my case). I do not want to take any more chances.

Good luck with your case