I485 sent to NationalBenefitsCenter(i140 denied&Appeal pending)

[InMess]

Hello Friends/Guru's,

I need some help and advice, i got an message on my i-485 has below and my i-140 is not cleared yet, its been denied and the appeal is pending.

On December 30, 2009, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

My i140 was submitted in EB2 with substitution labor and was denied saying the labor is not eligible for EB2, because its requirement said Masters+1 year or Bachelors + 3 years and according to the USCIS both the job requirements should satisfy EB2. I am having US masters plus 5 years of exp.

The I-140 denial was appealed to consider it in EB3 and did not hear anything from them yet.

So my question is without having a decision on my appeal, why was my I485 send to National Benefits Center... is it a good sign or bad.... what would be the result of it.... i did not receive the letter yet from them.......

Gurus could you please advice me on this......

Thanks a lot for all your help!

 

[Jackolantern]

My i140 was submitted in EB2 with substitution labor and was denied saying the labor is not eligible for EB2, because its requirement said Masters+1 year or Bachelors + 3 years and according to the USCIS both the job requirements should satisfy EB2.

The denial is correct. If the job requires anything less than Bachelors + 5 years, it cannot be EB2. Even if your qualifications are greater than that, the job requirements cannot be less than Bachelors + 5 years or Masters.

The I-140 denial was appealed to consider it in EB2 and did not hear anything from them yet.

Did you mean to consider it in EB3? It definitely cannot be approved in EB2.

So my question is without having a decision on my appeal, why was my I485 send to National Benefits Center... is it a good sign or bad....

I don't know.