Shocker - Approved petition shows EB3 instead of EB2

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Endeavour2003

Registered Users (C)
Gurus Pls help - Approved petition shows EB3 instead of EB2

Hi GP111 / Gurus,

Bad news. I have just got a fax of the I-140 receipt notice and was horrified to note the following:

1. The I-140 Approval noice mentions EB3 ( Skilled worker or Professional, sec 203 (b) (3) (A) (i) or (ii) ) instead of EB2.
2. The priority date is mentioned incorrectly by 1 day ( not a big issue though )

My application was definitely filed under EB-2 as I was able to apply for AOS so I'm not sure what's wrong here. Is it a typo error which can be followed up with USCIS?

This was mentioned on my LC:
"Either a Master's degree with no post graduate experience or a Bachelor's degree with 5 years of progressive experience. In lieu of a Master's degree employer will accept an educational evaluation equivalence. " Gurus, do you see any red flags here!!! :(

This obviously has devastating consequences for my Green Card approval process as the dates for EB-3 are in the period Mar-May 2001.

Para-Legal confirmed that there never was a notice from USCIS to downgrade the application to EB-3 from EB2. Waiting to speak to lawyer still.

If anyone has faced this situation before and overcome it please let me know.

1. Whether it could be a typo error on part of the USCIS?
2. Can we request a correction of the classification as EB-2 if it is a typo error.
3. Even if it is not a typo, can we request them to change the classification to EB-2.
3. Whether it is possible to correct the priority date.
4. Lastly is it possible to file a brand new I-140 application in the EB-2 category which can then be later linked to my I-485 application.

Thank you for all your help.
I would be deeply grateful for all your help in this situation.
 
Last edited by a moderator:
Hi Gurus,

Could you please kindly provide me some guidance/suggestion on this issue if possible. This is extremely urgent as I need to make some critical decisions shortly.
 
Depends

Scenario 1:
If your attorney made the error on the 140 he sumitted, then you will have to submit another 140 with the same labor.

There was an article on Oh law firm that USCIS has stopped doing that since last month. So that will mean that when you send in your new 140, they will ask the employer whether you want EB2 or EB 3. Then the employer will say EB 2. Then they will revoke the currently approved one and adjudicate on the new one. I went through this.

http://www.immigration-law.com/Canada.html
"05/09/2006: Traditional Practice of Filing Two I-140 Petitions Based on Same Labor Certification Under Review by USCIS HQ

Traditionally, the USCIS has been allowing the employer to file EB-2 and EB-3 petitions using the same EB-2 labor certification approval. However, the NSC indicates that this policy is currently reviewed by the USCIS HQ and may be revisited with the potential consequences of termination of its traditional practice and policy. It is another bad news.
Pending the policy changes, NSC will request the employer to chose one I-140 petition out of the two I-140 petitions and the second I-140 petition will be held in abeyance until the HQ policy is fixed. Bad news after bad news.
Filing two I-140 petitions by the same employer using the two different labor certification applications: No problem. NSC will adjudicate both.
"

Scenario 2:
If the USCIS made the error, then they will readjudicate the same case - that does not mean just issue another approval notice. Rather, reopen the approved case and readjudicate it.
 
Dont panic

Endeavour2003 said:
Hi GP111 / Gurus,

Bad news. I have just got a fax of the I-140 receipt notice and was horrified to note the following:

1. The I-140 Approval noice mentions EB3 ( Skilled worker or Professional, sec 203 (b) (3) (A) (i) or (ii) ) instead of EB2.
2. The priority date is mentioned incorrectly by 1 day ( not a big issue though )

My application was definitely filed under EB-2 as I was able to apply for AOS so I'm not sure what's wrong here. Is it a typo error which can be followed up with USCIS?

This was mentioned on my LC:
"Either a Master's degree with no post graduate experience or a Bachelor's degree with 5 years of progressive experience. In lieu of a Master's degree employer will accept an educational evaluation equivalence. " Gurus, do you see any red flags here!!! :(

This obviously has devastating consequences for my Green Card approval process as the dates for EB-3 are in the period Mar-May 2001. We are in a total state of shock as this affects all the plans that myself and my family had made for the future including my wife who has been sitting at home for the last three years due to the GC processing.

Para-Legal confirmed that there never was a notice from USCIS to downgrade the application to EB-3 from EB2. Waiting to speak to lawyer still.

If anyone has faced this situation before and overcome it please let me know.

1. Whether it could be a typo error on part of the USCIS?
2. Can we request a correction of the classification as EB-2 if it is a typo error.
3. Even if it is not a typo, can we request them to change the classification to EB-2.
3. Whether it is possible to correct the priority date.
4. Lastly is it possible to file a brand new I-140 application in the EB-2 category which can then be later linked to my I-485 application.

Thank you for all your help.
I would be deeply grateful for all your help in this situation.
Click to expand...

Check 140 recipt that clearly provides you information about your category.Also there is a possibility that USCIS by mistake sent you the approval mentioning EB3.If that is the case then you can contact them back and amend the approval.
 
EB3 I-140 reapproved as EB2 after request

My EB3 I-140 has been reapproved as EB2. Received the revised EB2 I-140 approval petition today.

Lawyer told me that I was one of the lucky few as USCIS does not even bother to respond to 90% of the correction cases leave alone a EB category upgradation. He did write a blistering letter to USCIS though.

Feels like I am back from the land of the dead. It has been a harrowing two months of pain, doubt and mental torture. Thanks to everyone esp srignram, gc2ra, vm_gc, CAPD02 for keeping my hopes alive when I thought that I had lost everything.

Let me savour one moment of joy in this painful journey. Who knows what great wonders are in store for me ahead at this point.
 
It happened same with me. Lawyer filled the amended I-140 for EB2 got approved. Don't worry ask lawyer to do the same.
 
Endeavour2003 said:
My EB3 I-140 has been reapproved as EB2. Received the revised EB2 I-140 approval petition today.

Lawyer told me that I was one of the lucky few as USCIS does not even bother to respond to 90% of the correction cases leave alone a EB category upgradation. He did write a blistering letter to USCIS though.

Feels like I am back from the land of the dead. It has been a harrowing two months of pain, doubt and mental torture. Thanks to everyone esp srignram, gc2ra, vm_gc, CAPD02 for keeping my hopes alive when I thought that I had lost everything.

Let me savour one moment of joy in this painful journey. Who knows what great wonders are in store for me ahead at this point.
Click to expand...

Good news, Endeavour2003. In my case (PD is wrong on I-140 approval), after lawyer sent supporting documents to USCIS to correct PD error, i have not received any thing from USCIS yet.. Not sure if they re-issue I-140 or not.
 
hi
can you please send me the sample letter that your lawyer wrote. I have a similar case, where my lawyer by mistake selected EB3 in I-140 application while cover letter said EB2. Now he wants to send correction letter. My labor is in EB2..

thanks . you can reply back at nynj78@yahoo.com
thanks
 
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