LC Filed inEB2, but I140 applied in EB3 by mistake

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usrh1b

Registered Users (C)
My labor was filed in EB2 and my I140 filed by mistake with EB3. After the submission, I have informed to attorney about this in 2003. They said that we will make an amendment and also they have informed that amendment was submitted and have all proof.

Now, I am not sure that the attorney was informed wrongly or USCIS have not considered the emendment.

Attorney is not replying to provide additinal details. What are all options do I have to correct this? I will ask the attorney to get the details. As you all know that they will not respond it, and we do have better knowledge. What is the correct process to correct this mistake?

Appreciate all your help and suggestion in this matter.
 
usrh1b said:
My labor was filed in EB2 and my I140 filed by mistake with EB3. After the submission, I have informed to attorney about this in 2003. They said that we will make an amendment and also they have informed that amendment was submitted and have all proof.
Click to expand...

1. Who made the mistake? Attorney?

2. What is an amendment to I-140? Never heard of that before. Post details of that.

AFAIK, you will need to refile another I-140 as EB2. I may not be 100% correct. Other readers here may be able to throw more light on this.
 
1. It is an attorney mistake.
2. That's what attorney informed that they have sent an amendment. I do not have any details for the same. I am trying my best to get the details from attorney. But no reply....
 
Since attorney has proof of amendment sent to USCIS, ask them to send it you.
If they do not send it to you, you know what that means.

You have not indicated status of I-140. Has it been approved? How do you know that it was EB3?

Find another lawyer not affiliated to the company. Your best bet maybe to file another I-140 with EB2 option on the same labor. After this is approved, can request USCIS to interfile the I-485 with this newly approved I-140 which is EB2. EB2 will definitely move faster than EB3.

This is subject to whether the so called amendment to the I-140 has actually worked.
 
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worrieddude,
Thanks for ur time and followup. During the I140 filing period in 2004, we want to use EB3 as EB3 has more #of visas compare to EB2. The attorney mentioned that the EB category was decided during the LC and mine was filed under EB2. So, you can not change it in I140. That way I am sure that my LC filed under under EB2 in 2003. They have not sent the I140 approval for long period. To identify the priority date, finally Ihave received m I140 6 months back and came to know that it was approved under EB3. I140 approval has it EB3. That time only I know that whatever attorney told that they have sent an amenmdnet and all looks like lie as I am not getting further udpate from them...

As I had a very bad experience to receive my I485 after 12 days of the issuance, I have blasted them and replied my RFE on my own (medical RFE). So, they are not co-operating well as I have submitted the RFE on my own.

Now, I have to diplomatically play a game to get the details of my I140 amendment.
 
In my opinion you can do the following:

1. Get copy of labor.
2. Find another lawyer.
3. File I-140 with EB2.
4. After approval of I-140, tell USCIS to interfile the EB2 I-140 approved case.

There may be better alternatives.
 
Thanks for the update. I will get some more additional details from the existing lawyer to get full details of my existing scenario and will proceed it. Thanks so much for the followup.

As I know that there will not be any reply for my mail, Iwill do more followup to get the details from my attorney.
 
Gurus,
Looks like the I140 amendment (correction of EB3 instead of EB2) was posted to USCIS in 2003 by USPS thru my lawyer. But looks like the amendment was not taken into USCIS system. I am not getting any information/improvement from my lawyer to correct this.

What are all my options? Please advise.
 
Hey
It happened to me as well. Lawyer filed amendment. It is just a term. In reality they file I-140 again in new category. A new "notification" is sent by USCIS with new service number (different from old approval).
Due to mistake by my lawyer, I had to wait for another full year for my EB2 I-140 to clear. But my lawyer had decency to not charge me for second I-140 filing (he ought not).

So ask your lawyer for "Notification" of amendment he/she filed. And call USCIS yourself for reason of not accepting the so called "amendment".
 
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So many phone calls, followup finally, I have just received an update that "The filed amendment was not in USCIS system. The attorney willing to re-file the I140 amendment and informing to pay service charge of 800 + 465 (USCIS fee). This is too much just for the lawer mistake, again they are planning to charge another amount is too much. I am going to talk to them again with detailed letter that they need to take care of it. I am not sure that will work out, but I will try. Also, there is no response for the "submitted notification of I140 amendment" from my attorney.

Can I file it on my own? Is there any alternate way to solve this issue.
 
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