Question regarding I-140

G

GC Guy

Registered Users (C)
Hi,

My LC gog approved in EB3 category(RIR) in January-2004.

My lawyer filed I-140 and I-485 in the month of Feb and March'2004.

Recently while talking my lawyers I discovered they filed my I-140 in EB2 category. My education qualification is Bsc.(Economics) +6 years of experience.

Will this cause an issue now?

My lawyer says we should wait and they may approve it in EB2.

Please advice.

Thanks,
 
Nothing to check I guess

I think the only worst case would be .. you may get a RFE. But other than that you might be ok. There is also a letter called Notice of Amendment letter which can be used for this purpose requesting USCIS to change something of what we filed. This also may help. But my sincere two cents suggestion would be to watch and see for couple of more months and then make some decision since the JIT dates are catching up faster than ever.

Be happy !!
Sonpapdi :)
 
GCGUY,
u will get RFE or Denial depends upon ur luck.
EB3 labor to EB2 I-140 not going to work at all.
if u discovered earlier then u might withdraw it and then re-file 140.
Now a days 140 is matching with Labor more closely + more scrutiny going on.
if u get 140 approved without RFE then it would be ur best luck.

finally, I am not lawyer, seek lawyer advice.


thanks.
rb180
 
First, check your column no 15 in LC , if it is BS + 5 then you are absolutely fine but if it is BS+(0-4) then you have to take decision otherwise you will have problem in I-140. As ,per INS instructions, EB2 category should be BS+ 5 in LC. It doesn't matter what qualification you. Check you labor and take action.


Thanks
 
Thanks for the updates Rb18 & Dev17.

Just to understand more, is it worth sending and amendment via my lawyer to correct issue? Since I have time say couple of months at least till JIT reaches Feb 2004? That way I need not take any chance/guesswork about what may happen, since I have told USCIS upfront about the mistake?

What are the implications of sending an amendment?Does it delay the the process?

Also, If I do not send amendment and later something like RFE/Denial arises, is it possible for my lawyer to send the correction then and NOT loose my I-140/I-485 dates? I am concerned about having to refile I-140 & I-485 again under EB3 after 4 months from now,given the fact that EB3 visa numbers may fall in cut-off dates.

I plan to have a meeting with my lawyer based on your feedback.

Thanks,
 
GC Guy,

You need to tell us what's on the LC, as dev72 asked. Below are questions you need to answer before getting a meaningful reply:

1. What is the exact educational and experience requirement on the LC
2. Did you have above at the time the LC was filed

Once above two are clear, EB2 vs EB3 is a clear call. If [1] is equal to or less than BS+4, then it's EB3. If it's more, it's EB2. To decide EB2/EB3, your qualifications don't matter at all. It's the LC that decides.

Finally, If [2] doesn't meet all of [1], then you're much-o trouble.

~T
 
GC Guy

Yes, before meeting your attorney, check LC column 15 and let's know. Don't take any decision in hurry.


Thanks
 
My lawyer says that USCIS decides on whether it is EB2 or EB3, after reviewing our LC etc.
My company has a very generic format for RIR -LCs, it is either BS+0 or MS+0. I was in the latter category. They told me that USCIS determined my category to be EB2.

Any comments
 
I am trying to get a copy of my LC that was filed in 2001.

I am concerned cause I know from the records that my LC was filed in EB3(2) categoery, and now My lawyer CONFIRMS that I-140 is filed in EB-2.

Given the fact that there is a discrepency in LC category and I-140 category, will USCIS still ignore the difference and try to decide on their own the correct status?

Thanks!
 
GC_guy

My situation is exactly like yours. My labor was EB3(2) and now lawyer says USCIS identified it as EB2
 
ss1123

So your lawers didn't speficially file it as EB2?

Did you have any issues/rfe since your I-140 is considered as EB2 now?

Thanks
 
Well my case has not been adjudicated yet. RD is Jan 2004. My company has very generic criteria for labor, MS+0 or BS + 0, I was in the former category.

When they filed my i140 and 485, I asked them what my category was (wanted to know if I fell in the pilot criteria), they came back saying USICS determines the category, in my case it was EB2
 
GC_guy

Here is my lawyers response to my question regarding EB3(2) vs EB2

We are hoping the I-140/I-485 applications will be adjudicated within the next couple of months. The educational and employment experience required for a particular position in a Labor Certification is what determines the classification of the I-140. The Labor Certification was filed and approved with a requirement of a Master's Degree only. Since no equivalency language was used in the Labor Certification the USCIS classified the I-140 as EB2. This stands for Employment Based 2nd Category. There is no change from EB3(2) to EB(2) since this classification does not officially occur until the I-140 stage.
 
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