Hi all,
If any of you have received a copy of your I-140 approval in EB2 classification from your company/ attorney, I will greatly appreciate if you can respond based on my question below.
My I-140 was filed and approved in EB2 category. The copy of the I-140 Approval Notice I received from my company attorney states the following under the 'Notice Type' - 'Section' - "Indiv w/Adv Deg or Exceptional Ability in the National Interest". On reading this, I made the assumption that this wording applies only to those whose cases have been approved in the NIW category (and since my case was not filed requesting a NIW) and wrote to my company attorney asking them to verify whether this was an error. However, they responded saying that I need not worry as my case has been appropriately approved in just the EB2 classification. They asked me to read the statement as "Indiv w/Adv Deg OR Exceptional Ability in the National Interest" (emphasis on 'OR') saying that my category was "Indiv w/Adv Deg" and that I should neglect the portion of the statement after the "OR" - they said that this correctly qualifies me in the right category and that the USCIS issues this as a standard notice for all EB2 cases - whether the alien may have an Advanced Degree, or whether they have an Exceptional Ability in the National Interest.
When I questioned them about the 2 being different categories in the biweekly USCIS processing status report, they said that this was the case only in terms of processing. When the cases are adjudicated, the approval notice contains this as the standard language.
However, I would like confirmation from some of you to verify whether this is indeed the case. Have any of you received a similar notice or is there something I need to be worried about? I would hate for this to be an error and then lead to any problems/ delays in the adjudication of the I-485 or in the extension of my EAD and AP.
I guess, the other reason I am worried and being paranoid about this is that when my case was initially filed, the USCIS had incorrectly classified it as an EB3 case (and indicated it as such on the I-140 Receipt Notice) and I had to follow-up with the attorneys to get this rectified. As such, I am slightly worried over whether this could be another mistake.
Will greatly appreciate any comments/ feedback from those who have gone through this or have some experience/ background to comment.
Best wishes,
Prats
