Look at my I-140 approval: EB2 or EB3?

F

freewalker

Registered Users (C)
My I-485 has not been approved although its ND was March 2004. I called VSC and they insisted that my I-485 belongs to EB3 category. Therefore, the reason they told me was Visa number was not available.

But I filed I-140 in EB2 category. Here is what it says in my I-140 approval notice:

Notice Type: Approval Notice
Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability
Sec. 203(b)(2)

Is this a EB2 based I-140? Or it is EB3?

How can I convince them to move my I-485 from EB3 bucket to EB2 bucket? At this moment, I still think it is VSC's error.

Thanks for your help.
 
Well, It's EB2..

same as i have on my I-140 approval, but not sure how they messed it up when they moved our I-485 into EB3. When i spoke to them, the officer looking at the I-140 on their screen said the subcategory is E32 waiting for visa, which made me believe they messed the 485(actually though they approved I-140 correctly in the main category, seems they messed it in categorising into the right sub category, should have been E21), coz E32 is a sub category of EB3. They committed in writing about this when i made a congressional inquiry and based on that i did an expedite request. Anyways, my expedite request seems working as yesterday my status on I-140 changed and it says they are sending an amended I-140 notice. They also called the attorney to tell the same. Hope to get thru this hell soon..
 
srichalam:

Your I-140 notice says the same thing. Then it is EB2. Why does VSC send an amended I-140 notice? It seems that your I-140 was approaved in the correct category, EB2. The only problem was that they mistakenly put your I-485 into EB3.

How long does it take to receive the result of congressional inquiry?

Another question: if I send an expedite request with I-140 notice attached. is that clear that it is a USCIS error since it already says "Adv Degree Holder or Exceptional Ability"?

srichalam said:
same as i have on my I-140 approval, but not sure how they messed it up when they moved our I-485 into EB3. When i spoke to them, the officer looking at the I-140 on their screen said the subcategory is E32 waiting for visa, which made me believe they messed the 485(actually though they approved I-140 correctly in the main category, seems they messed it in categorising into the right sub category, should have been E21), coz E32 is a sub category of EB3. They committed in writing about this when i made a congressional inquiry and based on that i did an expedite request. Anyways, my expedite request seems working as yesterday my status on I-140 changed and it says they are sending an amended I-140 notice. They also called the attorney to tell the same. Hope to get thru this hell soon..
Click to expand...
 
EB2 definitely

You are definitely in EB2 category and it's pretty obvious from what we see on your I-140 case sheet.

I heard from some source that VSC/USCIS is delibrately putting EB2 cases in EB3 category just to buy time and show to the GOVT that they are processing cases faster. It definitely shows that there are several cases (including mine) that was wrongly put in EB3. How is this possible? Why is it happening in the past 3 months only? It's definitely not a software glitch. Unless it's someone single handedly taking care of 485 cases and does not know to distinguish between EB2 and EB3, I am very skeptical about it.

Raj
 
My case approved eb3-eb2 wrong classification after following up

Hi,

My 485 & 140 was filed concurrently at VCS in September 2003 and Spouse and Kid case filed after one month. Since some of my colleagues cases filed along with me were approved within a month of finger printing and the VCS processing time is well ahead of mine, i called VCS on 4/12/05 to check my status, the lady picked up the phone was not much helpful and said she will put my query on record and not gave me much info about my status. To my surprise CIS sent me a letter on 4/26/04 stating that my case was pending due to the fact that visa is not aavailable... where as my case was filed under EB2 category and the I-140 approved in August 2004. My employer send a reply to this letter and at the same time I called the VCS on May 11, 2005 and one nice Lady representative picked up the call helped me to resolve this issue. She said my case was wrongly put in EB3 category and she will do the necessary thing to pick up my case within two weeks time. She also told me our name check also done. Again to my surprise on May 20th we received a email notification stating my Son's case approved. There is no mail or status change on mine and spouse's case. I again called VCS on 5/23/05 and learnt from the representative that mine and spouse case were also approved on May 19th and notice already sent.

Here is some tip....

I used USCIS National Customer service centre at 1-800-375-5283.
Here is a small tip... After getting the automated case status, you will be asked to press 3 to proceed. There will be additional 4 options, press 4 instead of 3 (if your case is beyond the processing time!). The person attend on option 4 is more information than the person attending the option 3 ! You can even ask about name check etc here.. they are very helpful (This is my feeling and i really experienced the difference.)

Good luck



PD 05/03 EB2
I-485 Self RD 9/03 VSC Concurrent filing
I-140 RD 9/03 Approved 8/04
I 485 Son RD 10/03
I-485 Spouse RD 10/03
FP 2/05 LUD 2/10 after finger printing, after that no LUD even after I-485 approval !
No RFE on any case.
 
Well, i too kinda

confused why they are sending an amended I-140. But as i said earlier, one thing was sure. Whenever i called them, they consistently said they are looking my I-140 in E32 sub category, though the approval notice we got did say it as 'Mem of Adv Degree Holder or Exceptional Ability 203(b)(2)'

Will update you guys once i get the notice what amendment they did. or it could be that they fix their mistake at their end and send another notice just to be on record.

Actually i got the congressional request response in one day, USCIS responded by mail to my congressmen's office. Also it's better if you have something like this to prove your point, even otherwise you can send expedite request quoting 'speaking with an officer.........'



freewalker said:
srichalam:

Your I-140 notice says the same thing. Then it is EB2. Why does VSC send an amended I-140 notice? It seems that your I-140 was approaved in the correct category, EB2. The only problem was that they mistakenly put your I-485 into EB3.

How long does it take to receive the result of congressional inquiry?

Another question: if I send an expedite request with I-140 notice attached. is that clear that it is a USCIS error since it already says "Adv Degree Holder or Exceptional Ability"?
Click to expand...
 
Last edited by a moderator:
ani12:

How did you convince VSC that it was their error? I called twice so far. The first time, the lady said she was going to notify her supervisor. Today, another lady insisted that I-485 belongs to EB3-based category. Really have no idea what I should do next? Wait another 30 days to call VSC again?

ani12 said:
Hi,

My 485 & 140 was filed concurrently at VCS in September 2003 and Spouse and Kid case filed after one month. Since some of my colleagues cases filed along with me were approved within a month of finger printing and the VCS processing time is well ahead of mine, i called VCS on 4/12/05 to check my status, the lady picked up the phone was not much helpful and said she will put my query on record and not gave me much info about my status. To my surprise CIS sent me a letter on 4/26/04 stating that my case was pending due to the fact that visa is not aavailable... where as my case was filed under EB2 category and the I-140 approved in August 2004. My employer send a reply to this letter and at the same time I called the VCS on May 11, 2005 and one nice Lady representative picked up the call helped me to resolve this issue. She said my case was wrongly put in EB3 category and she will do the necessary thing to pick up my case within two weeks time. She also told me our name check also done. Again to my surprise on May 20th we received a email notification stating my Son's case approved. There is no mail or status change on mine and spouse's case. I again called VCS on 5/23/05 and learnt from the representative that mine and spouse case were also approved on May 19th and notice already sent.

Here is some tip....

I used USCIS National Customer service centre at 1-800-375-5283.
Here is a small tip... After getting the automated case status, you will be asked to press 3 to proceed. There will be additional 4 options, press 4 instead of 3 (if your case is beyond the processing time!). The person attend on option 4 is more information than the person attending the option 3 ! You can even ask about name check etc here.. they are very helpful (This is my feeling and i really experienced the difference.)

Good luck



PD 05/03 EB2
I-485 Self RD 9/03 VSC Concurrent filing
I-140 RD 9/03 Approved 8/04
I 485 Son RD 10/03
I-485 Spouse RD 10/03
FP 2/05 LUD 2/10 after finger printing, after that no LUD even after I-485 approval !
No RFE on any case.
Click to expand...
 
hi feewalker,

If you have a copy of your approved I-140 quote the EAC number of I-140 while talking to the representative and tell them its already approved on EB2 category (make your point very clear, dont be too light with them !). Also send a letter to Centre Director (through your employer or yourself) with a copy of your I-140 requesting them to expedite your matter as the visa status for EB2 category is current.

If your name check and finger print etc already cleared then there is no reason them to hold your case. As you know my case was very much similar to yours and we got approved after intensive follow up with VCS. As I mentioned earlier while calling them opt option 4 in the menu instead of 3 (if your case is beyond the processing time..blah blah.. ) which will take you into a different set of representatives.

Good luck to you.
 
yes..

Adding to ANI12's note..
When I spoke to the VSC officer/rep, I stated very clearly that mine was a concurrent 140/485 filing under EB2 and 140 was approved on a certain date and it clearly stated on my 140 I am on EB2.

She paused for a moment and went through my case. After 10 mts on hold she came back and said my visa is current (EB2) and it was certainly something goofy on their side and there should be no reason why my case is not picked up as all my security clearance is done.

It was VSC officer/rep who told there should be no reason why my case is pending adjudication as everything is set.

So you may want to call them in a week or two and follow up. I guess it depends on the VSC rep too. If someone is rude, u may have to try back later.

Raj
 
Got Letter

from USCIS, and says they are looking into my file to verify the error and will get back with in a minimum of 60 days , which means another 2months of frustrating wait. Though the online message said it's an amendment to I-140, it's just a plain letter. :eek:
 
Wish you good luck.
There is no any progress in my case. It is still sitting in the EB3 queue.
srichalam said:
from USCIS, and says they are looking into my file to verify the error and will get back with in a minimum of 60 days , which means another 2months of frustrating wait. Though the online message said it's an amendment to I-140, it's just a plain letter. :eek:
Click to expand...
 
freewalker said:
Notice Type: Approval Notice
Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability
Sec. 203(b)(2)

Is this a EB2 based I-140? Or it is EB3?
Click to expand...

I too had originally applied under EB2. But in the RFE issued against my 140, along with A2P, they had also asked me to change filing category to EB3, which I did.

But the approval has come with the same words as yours. I think the field that is used by the notice generating program is not updated, hence I think the same verbage from the original application in the notice.
 
I think that if an RFE was never sent for 140 questioning the filing category, then it is a mistake by USCIS.
 
There was no RFE on my I-140. It was filed in EB2 and was approved.
Sugee said:
I think that if an RFE was never sent for 140 questioning the filing category, then it is a mistake by USCIS.
Click to expand...
 
hi freewalker,

today got the amended I-140 approval notice. All looks the same except notice type as 'amended approval notice'. I believe, my guess was correct, the information in their system was wrong and i think they corrected it. I hope now they also work on moving I-485 into the right category and approves.
 
srichalam: Did VSC send the amended I-140 approval notice to you directly or to your company? I-140 is an employer petition. My I-140 approval notice was sent to my company.


I called VSC again today. The agent admitted it was a mistake. He is going to notify his supervisor.

When I called in April, the lady also said she was going to notify her supervisor. But so far, my case is still sitting in the EB3 category.

I do not know if today's call will make a difference.
 
freewalker said:
srichalam: Did VSC send the amended I-140 approval notice to you directly or to your company? I-140 is an employer petition. My I-140 approval notice was sent to my company.


I called VSC again today. The agent admitted it was a mistake. He is going to notify his supervisor.

When I called in April, the lady also said she was going to notify her supervisor. But so far, my case is still sitting in the EB3 category.

I do not know if today's call will make a difference.
Click to expand...
notice was sent to my attorney. as i said before try sending an expedite request quoting the officer. Else like those other guys, trust them if they do it, which anyway i don't believe. but on the otherhand, your PD is very close to be processed even in EB3 category. Instead of this hassle, think of waiting it to be picked under EB3 itself. Just a suggestion.
 
The agent called me back two hours after my call. I was told they are going to process my case by the end of the next week. Hope I can receive a good news by next Friday.
 
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