Please respond...RFE....wrong category filed what is now??

M

md_doc

Registered Users (C)
Gurus response needed soon,
My employer filed my I140 under EB2 (I don't have anything to do with this our immigration did what they felt appropraite category) and last month intiated and inquiry. TSC sent notice saying that I don't qualify for EB2. My dilemma is what is going to happen to my case, do they have to restart labor or category will be changed easily after they respond. I don't care what is teh category, hate to restart all over again. Please, respond.
 
Don't worry

Don't worry too much about this..

What's your qualification ..

If you have a Master's Degree, then you qualify for EB2 OR

If you have Bachelore's + Five or more experience ( Don't count experiece with the employer who is filing for GC ), Then also you qualify for EB2.

But if any of these conditions does not match, Then you have to go for EB3 Skilled Category......

But for 140 it does not matter as they are processing cases received on February 2005..

Thanks
 
i dont think you need to restart from the labor again. Any category kicks in from 140, 485 stages. Perhaps you need to re-apply 140 again. This is the observation in my process. Check with others too.
 
u have 2 options

1. file and I-140 amendment ( same as filing a new one)
2. wait for and RFE and then in reply for RFE where they ask how do u qualify for EB2 mention that u want to aaply for EB3

as raw-juice mentioned i-140 is in feb 2005 , so dont lose hope...

good luck
battered
 
Thanks for the response. I recieved the copy of NOID this afternoon, it says ETA 750 only require BS (though the job advertisement said two years experience or masters degree prefered (not required) but its not mentioned in ETA750) so my petition do not qualify for EB2 (though I have MS). The question my office and I are trying to figure out how to respond to this NOID. I don't care about category either one is fine with me. Please shed some light how to respond/how to request to make it EB3 and adjudicate.
 
I think your lawyer can best handle this..

I still think that you will qualify for EB2 and your lawyer can make a case statting as you have MS degree; you are qualifying for EB2.

And also can state in the same letter that, In case this case can not be adjudicated under EB2 category, please attach it to EB3 skilled category.

Thanks
 
Your lawyer did poor job. He does not know the relationship between the ad and the Form 750. Since the ETA 750 requires the minimum degree BS, you may have to select the EB3. If the ETA 750 required the MS and two years of exp, that would be different. Too bad.
 
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Labor Unknown and Compiler, Thanks a bunch for sharing your views. I am also thinking on the same lines, my lawer should correlate ad with my MS and should state that if my case don't qualify please adjdicate under EB3. If any one has gone through this situation successfuly will realy encourage me. Thanks again.
 
If your Labor does not specifically require MS or BS+5 yrs exp, you can not apply in EB2. You can see that requirement in form ETA 750A, Q14. It does not matter how your employer advertised this position. Also, it does not matter you have MS or not.
 
Thanks for the input,
In the notice after mentioning the ETA 750 and my disqualification for EB2, INS has asked to respond with evidence and to let them know our intention. This gives me some hope; asking for evidence and to let them know our intention. Fortunately, I am not from retrogressed countries but still applying for whole new I-485 and I-140 is a pain. I am hopefull that I don't have tp do taht and by the grace of God will get there.
 
md_doc said:
Thanks for the input,
In the notice after mentioning the ETA 750 and my disqualification for EB2, INS has asked to respond with evidence and to let them know our intention. This gives me some hope; asking for evidence and to let them know our intention. Fortunately, I am not from retrogressed countries but still applying for whole new I-485 and I-140 is a pain. I am hopefull that I don't have tp do taht and by the grace of God will get there.
Click to expand...
You do not have to apply for the whole new I-140 and I-485 again but choose either EB2 or EB3. Your lawyer did it. So ask your lawyer about the evidence and intention.
 
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