RFE is to change my category from EB2 to EB3

M

mariajohn

Registered Users (C)
Thing is, till date I was thinking my application was in EB3 category. Got a call from employer and it seems they applied in EB2, Now USCIS is asking to change to EB3. I don’t have the RFE copy but my employer told me that according to my education background (M.Sc. and 8+ years of experience) is not sufficient to qualify under EB2. They are going to respond to RFE today by changing the category.

Please help me in this regard, I don’t know how this is going to affect my PD, I’m in EAD after 6 years of H1. After reply to RFE how long it takes to get I140 approval? Will it impact I485 processing?

Anybody had this problem?

I appreciate any input in this matter.
 
Are you sure???

Are you sure that your education and experience has caused the change from Eb2 to Eb3? Check with the original labor advertisement? Most probably the labor approval is for Eb3 category. One cannot change the category at I140 stage even if the candidate is eligible. Same thing happened in my case. I got approved after 4 months of RFE response (after changing EB2 to EB3).

It looks like someone (employer or attorney) wanted to be smart to beat the EB3 retrogression. Until the PD date becomes current I485 processing goes into hibernation. However you can continue renewing EAD or extending H1.
 
Last edited by a moderator:
rajudm said:
Are you sure that your education and experience has caused the change from Eb2 to Eb3? Check with the original labor advertisement? Most probably the labor approval is for Eb3 category. One cannot change the category at I140 stage even if the candidate is eligible. Same thing happened in my case. I got approved after 4 months of RFE response (after changing EB2 to EB3).

It looks like someone (employer or attorney) wanted to be smart to beat the EB3 retrogression. Until the PD date becomes current I485 processing goes into hibernation. However you can continue renewing EAD or extending H1.
Click to expand...
Investigate it ?, it could be a LC switching by employer from one employee to another using available/approved LCs of the company.
 
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