Labour,I-140 processed in EB2. While filing I-485 attorney mentioned as EB3.

T

themole

Registered Users (C)
My details are India, PD 05/98 Labor,I-140 cleared in EB2. Before I-140 approval VSC sent a letter seeking supporting documents for EB2 as I have only BS + 5 years. My attorney sent supporting documents in June \'99. While I am waiting for I-140 approval, attorney told me that it would be better to go with EB3. On July 21\'99 my attorney sent a letter to VSC that we will be agreeing to go with EB3 even though we have substantial argument to be made for EB2. On 2nd Aug\'99 I-140 approved under EB2 (section : em of profession I/ad beg, or exceptn\'l ability Sec.203(I)(2)) . Without noticing this fact my attorney filed I-485 under EB3 category.
 But when I enquired with VSC over phone they said they are processing my case under EB2 category. I completed already my FP in 08/2000 and no RE so far. still waiting of I-485 approval.
My question is do I have to send any amendments/ letters thr\' my attorney to VSC that on I-485 filing my attorney has mentioned EB3 instead of EB2.
Any suggestions appreciated, thanks
 
No Title

If the IIO says that they are processing in EB2 then don\'t bother too much. You will get your processing done in EB2 category. If at all there is any issue they may send an RFE and your attorney should take care of it.
 
No Title

Do you have any statistics which PD\'s are getting approved under EB2/India category now. I am worried that with this EB3/EB2 confusion on my case the IIO has told me that I have to wait for my PD to become current. But I am seeing for EB2/India it is already current.
 
No Title

Your case is similar to my case. Including the 140 RFE and approval. I had RFE in 140 in July 99 and lawyer accepted to change the case to EB3. I40 was approved in EB2 ( As per the approval Notice) in Aug 1st week 99. 485 filed in Oct99 in EB2. But IIo says 485 is in EB3. Even Though 140 approval says EB2, its a printing mistake. My 140 was approved in EB3 NOT EB2. So my 485 is going in EB3. Approval Notice was printed wrongly. Are you from Pittsburgh based company. I heard there was quiet a number of people in that company with this case senario.
 
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I checked with my attorney and he says at this point it is better to keep quiet and wait for VSC response. Since VSC is already processing in EB2 only thing I can do is wait for my turn to get approval.
 
No Title

jmp and themole,
  My case is similar. My I-140 is applied in EB2 and RFE issued for position requiring EB2 qualifications. Lawyer requested for EB3 but INS approved it in EB2. I don\'t know what next. I am waiting for the EB3 dates to be current. But it looks like, I can go ahead and apply for I-485 and if INS thinks it\'s EB2, they will process it other wise, they will wait for the EB3 dates to be current for my PD. Please let me know if I am right. What did you guys do when you applied for I-485? What did your lawyer suggest.
I appreciate your response in advance.
Chandras
 
No Title

Hi Chandras,

I talked to IIO couple of weeks back. I was told that they will consider the case by the remarks on your I-140 (top right side corner under Notice type: Approval Notice).

Based on these remarks, I have been told that VSC is processing my case in EB2.

Now coming to your case, if ur I-140 has the following remarks, you can go ahead and apply for I-485 right away. Do not delay further.

Section: Mem of profession w/Adv Deg, or of Exceptn\'l ability sec 203(b)(2)

Good luck
 
No Title

This was exactly what i was talking about some time back.
My I140 was approved in EB-2 , but my LC shows that i have Bachelors degree and four years of experience.
I applied my I485 when both EB2 and EB-3 was current (November 1999)
I don\'t know whether VSC considers the category printed on I140 as an error or will they just go by the category printed on I140.
Lawyer says that we should just wait and watch.
But the time is of essence. In case they consider that as a error and categorise the application as an Eb3 , they we would have to wait and wait till eternity .
What do you guys think ????
 
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