TSC interpret my EB2 I-140 application for EB3

[joelly]

My case is as follows:
PD 8/23/2004
LC approved 9/30/2006 for EB2
I-140 & I-485 file concurrently 10/16/2006
I-140 got RFE that request my W-2 and also suggest me to file under EB3.
WHY??????????

TSC send RFE to my lawyer suggesting us to file under EB3 instead of EB2. However, my LC was approved for EB2. TSC used the excuse that the adjudication policy has changed, thus my I-140 should be under EB3 not EB2.

My lawyer suggest me to appeal the case, but at the same time, I file a new I-140 under EB3 to get it approve. My H1 visa will expire in Nov.2008.

I have Bachelor degree that evaluated to be the same as US Bachelor degree, also I have Master degree in US. My job requirement is Bs and Master degree. I have approved LC for EB2 but why TSC claim it should be EB3.

Please help me! Is my case sound goofy or what? I need to know what should I do? Is there anyone out there has the same exp as mine? If you want to talk in private, pls email me at l_taihuttu@yahoo.com

 

[DBEL]

My guess is:

Since your ETA state that you must have BS and MS. USCIS will require that you have both an equivalent to a US Bachelor as well at your MS.

USCIS has been taking the position that Indian 3-year degrees are not equivalent to US BS even if your evaluation state it is.

It’s only a guess.

 

[joelly]

I sit for the CPA exam which also require an evaluation and my Bachelor degree is not a 3-year degree. Its a 4 year degree.

Anyway, my lawyer said that in Oct.2006 TSC begin to adopt a new policy that only allow Bs with 5+ yrs of experience or Ms with 0 exp for EB2. Your ETA wording should be exactly "Bs 5+ or Ms". My lawyer suggest that I appeal my current I-140 to ask them to evaluate my application based on their old policy. Mean while, I also will file another I-140 under EB3 so they will approve that.

My question is if anyone out there ever been in the same situation. People who apply I-140 in Oct.2006 in TSC will experience the same thing as me because TSC just start to apply their new policy to cases filed in Oct.2006

Please if anyone has same experience, please post to share!!!