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Topic: Changing from EB3 to EB2
My labor applied for EB2 (masters or BS with 5 years) and I am eligible for EB2 but attorney did a mistake in I140 (checked EB3), recently I receved approved copy of 140 and its indicating EB3. I notified my attorney about the mistake, he sent a letter to change from EB3 to EB2, my questions are
1. How long it takes to convert (its already been 2 months)
2. Do I get confirmation about the change?
3. If I want to apply I140 EB2 using same LC , am I eligible for premium processing?
Thanks for your help.
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The exactly same situation happened to me too. I found out the mistake after I got a copy of the I-140 receipt from my HR. My attorney submitted a request for correction right after, including a letter to explain the mistake is 100% the attorney's fault, the corrected I-140, and a copy of the labor. She said it will be corrected when the IO processes the case and makes a decision. But my I-140 is still pending now. I will let you know once I get the result of my case. My attorney also said that I couldn't file another I-140 based on the same labor, because original labor is required for I-140 petition. If I want to file another I-140, I need to start from job ads->labor->.... Of course, the company does not want to do that. I will wait and see.
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Thank you, My attorney told me that we can apply another I140 based on same labor with out any problem, now he is preparing the file for that.
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The process is... file new i-140 as an amendment to the first one submitted. USCIS would have to find your first i-140 file and detach original LC, which in turn will be used for the secondly-filed i-140.
I went through this. But in my case, it was from EB2 to EB3. My attorneys filed me as EB2. After I advised them, when it comes down to the wire, that I did not have 2 months to have full 5 yrs of experience (4 yrs and 10 mos) to qualify for EB2, then they decided to re-file. They filed things on my behalf without sharing any docs or copies. The only way how I learned that they filed me as EB2 is when they asked me to do medical exams and get ready to file 485.
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when did you apply for I-140 and which center?
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Hi, busco4you,
Did you find out the error before your I-140 approval or after?
Thanks so much for sharing your info.!
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Hi, busco4you,
Did you find out the error before your I-140 approval or after?
Thanks so much for sharing your info.!
I found out before it was approved. Actually, I found out a week after it was submitted. So, it was pretty early in the process.
The lesson for me... Check your attorney's work. It would not hurt. |
when did you apply for I-140 and which center?
Click on my username. It will show my cases. You will see two i-140 cases with all the relevant info (centers, etc.). The first one (wrongly filed under EB2) was withdrawn (official USCIS terminology for my case), the second case (correct one under EB3) was approved within 4 weeks of filing. The IO who was processing my second i-140 approved it on a spot. |
Since I filed my 485 linked to the 140 last July. I couldn't withdraw the one with error because it will invalidate my 485 too. When I found out the problem, if I refiled my 140, I would not be able to file another 485 because of the retrogression. That's why the attorney submitted a correction request instead. I will see...
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here you have an uscis answer. you do not need to do anything but send a letter to correct the mistake.
9. How do we correct a typo error on a submitted Form I-140 (labor cert based)? For example, Form I-140 should be marked as an Advanced Degree (EB2) but was mistakenly marked Professional (EB3). If amendment is permitted, is the I-140 filing fee required? Will an amended I-140 receipt be issued?
The petitioner is encouraged to submit correspondence requesting the error be corrected. The adjudicator will consider the request at the time of adjudication. An amended I-140 receipt will not be issued. A new fee is not required.
The following excerpt from the I-140 SOP applies if at the time of adjudication the officer determines a different classification is appropriate:
Pursuant to Opportunity for Certain Employment Based Petitioners to Change their Requested Classification [CSC 70/6], if after review, it is determined that the petitioner is requesting a classification for which the beneficiary clearly does not qualify, but the beneficiary appears to qualify for another classification, the petitioner may be offered the opportunity to change to a new classification. A RFE may be used for this purpose, but notification is not limited to the use of a RFE. Prior to suggesting such a classification change, ensure that the petition is approvable under the suggested classification. It may also be helpful to check for any additional petitions, as another petition may have already been filed for the beneficiary under the alternate classification.
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Hi, Crisbn75,
Thanks so much for the info! What is the source of this? Would you please share the link with us?
Best
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based on the current processing times, i would advice that you stay with EB3 category as you have approved I-140 now. just move to next step. if you have not filed 485, you can file in october but that is still okay. if you go back in re-filing the I-140 under EB2, what is you get denied etc. so what you have in hand is better than thinking about EB2.
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I agree with PKGCWAITING. I know few cases, their already approved EB3 I140s got revoked
when they trying to move to EB2. So be caution on whatever step you take and discuss with good attorneys.
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I am in the same boat. My 140 got approved in Feb 2006 under EB3. I closed my eyes all these days. I have double masters. My labour is clearly under EB2 category. Attorney accepted mistake. I consulted couple of expert lawyers. USCIS can n't revoke the approved 140 under EB3. So your 485 application will be safe. The answers I got were, we can apply for new 140 under EB2 with the same approved labour certificate copy as amendment. One lawyer told me we can appeal for correction and apply for new 140 at the same time. My lawyer filed yesterday the new application for 140. I can n't change my attorney though he is my attorney. Company is not willing to share the information for 140 with multiple lawyers. Did your lawyer filed for correction? If so do you know what did he do to file correction. how did he do? Please share the updates.
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Hi IndiaEB20403,
My case is exactly same as you, my attorney sent a letter (he is the one who was closing eyes while filling up the I140 application) to correct from EB3 to EB2 in April 08 but no updates yet. Couple of days back we have opened service request, IO told us you will hear the result in 5 days (?), I'll update the status. At same time (in April) attorney applied for I140 EB2 with same labour (it might take for ever). Please share your status.
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Hi PleaseGiveMeGC,
Thanks for sharing. Would it be possible to share what kind of letter your attorney sent? I will give my email ID if you can share some thing in private about the process.
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Can you please provide more details about your correction letter? Who is your attorney? May I have his contact? Can you please send an email with the details to manunivas@ymail.com? I stressedout a lot. Please share.
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Will send you the details.
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PleaseGiveMeGC,
Thanks. Waiting for your email.
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Hi PleaseGiveMeGC,
Did you get a chance to send the email?. I am still waiting for your email. Just want to make that I did n't miss your email.
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Hi PleaseGiveMeGC!
I have a similar situation as yours and I was wonderin if you heared back from the IO regarding your service request? Thanks for sharing!
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Hi PleaseGiveMeGC!
Please let us know what happened with your case. I am still waiting for your email. My lawyer applied for amendment in my case which is another 140 in Eb2, not for correction. I checked with couple of lawywers and they said correction to the approved may be doable. But my lawyer says "no". Please respond.
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Hi PleaseGiveMeGC!
I am desperately looking for your email. Please share the information. What happened to your correction request?
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Hi PleaseGiveMeGC!
I am dieing. Give me oxygen please.
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Hi IndiaEB20403,
It is possible. I was wrongly filed as EB-3 then changes (amended) as EB-2. Just received the confirmation that it was done.
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Continue my last email:
The way they (layers) have done it was by a SR.
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IndiaEB20403,
I am waiting for attorney mail, will send you as soon as I get. Sorry for delay....
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your I140 was approved before amended? and how long it took?
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It got approved in 2006 Feb with in 4 months of time. With enquiries why my 485 did not adjusted with all security checks cleared in Jan 2008, we can me to know that my case is EB3. Verifying approved 140 and the filed copy of 140 application from lawyer office shows that was filed under EB3 by mistake.
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Please email your case details, your lawyer info and let me know what is going on with your correction appeal.
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Hi gigi,
My EB3 140 got approved in 2006 Feb and I did not notice sofar that it was approved under EB3. My lawyer applied for a fresh 140 under Eb2 at the end of June 2008. This may take forever. Did you open a SR when the EB3 140 was pending or after approval?. Please help me.... If you can pass more details of your case and your attorney details that will help. Can you please email me the details if you can not share on public forums. My emaill id is manunivas@ymail.com
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My attorney made the same mistake...
she realized that end of this june(RD: 05 june, 2008) and she called to USCIS to correct be EB2.
There was no problem that i applied to EB2.
But I guess I cannot be a concurrent applicant anymore.
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Hi rossmoss,
May I have your attorney contact?
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Gigi , Could you please tell me how long it took with the sr.
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Hi PleaseGiveMeGC,
Are you still waiting for your attorney's email? Your profile is not updated. Did you file your EB2 140 after EB3 140 approval. Please don't wait for your attorney reply. Mine was refiled in EB2 at the end of June. I just want to cross check mine with yours to make sure mine was filed the correct way. I don't want to see any surprises after a year.
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IndiaEB20403,
As per my attorney, he did send a letter to change from EB3 to EB2 and also applied I140 under EB2.
I strongly recomend you don't go with my attorney because he is one who did all this mess.
My employer opened a SR a month ago. Again called NSC last week, IO suggested to send a letter again to change from EB3 to EB2. I hope this will help you.
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Guys
I have been following your post. I have kind of the same problem in that my I140 was approved jan of last year under EB2 and in July last year I think it was changed to EB3 in error. I asked my employer to call into TSC last week friday and yesterday I saw an update on my approved I140. Not sure what it is but there was an update. I will keep you posted once i find out more but seemed to have trigerred some activity just by calling.
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Hi PleaseGiveMeGC,
My attorney consistently did wrong everywhere on 140. Cover letter, check box and company letter. I guess paralegal scrwed up cases like that. She is no more with that law firm. So my attorney is not rquesting for a correction. He applied for Eb2 140 and after I force him, he sent a letter for expedite of eb2 140 based on visa bulletin avalability and my eb3 140 filed with a technical error and approved in march 2006 and priority date apr 2003. I am not positive that they will consider that letter to expedite. I am wondering, how your attorney applied for correction. What kind of letter he wrote to USCIS? Do you have a copy of that letter? Lawyer is my lawyer (desi) and company is an american company.
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Hi IndiaEB20403,
I don't have a copy of letter. Attorney said that he has selected EB2 but USCIS approved as EB3 ( I am not positive on this).
When we called (employer and myself) NSC IO asked us to submit another letter so my boss sent an letter last week (I don't have copy since its company property they don't want to share). I'll keep update you.
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Hi
need some information (Labor Sub Case EB3)
Here is my case details
140 Approved in June 2007,
485 Pending more than 180 days
working with a same employer but now want to change job and file a new case under EB2 category,I am eligible for this category (MS + 7 yrs of Experience ,4 yr in India and 3 yrs in US after MS).
I have few qs in my mind
1.Can i port my old PD(EB3 ) to new one if i file under EB2.
2.Lets say after EB2 labor approval my date is current for EB2 category(Assuming porting is possible) then can I file 140 and 485 Concurrent.
3. How much %gae of Job responsibilities/Description should math for porting date from EB3 to EB2.
4. I have 3 more yrs of H1 available so it advisable to do all this as I have EAD and AP and my wife is using Her EAD but I am still on H1.
I appreciate input from Gurus of this forum.
Thanks
Hitch
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did anyone have any update
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Can I file I-824 to coorect the approved I140 from EB3 to EB2?
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Hi Gurus: Can you define who can qualify in EB2 and EB3. Can a person with Law degree + 2years experience qualify in EB2. Please advice.
Thankyou in advance.
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dawndawn:
Did you get any official confirmation. What's your current I140 status? I mean is it approved or still pending? Please share your experience. Thank!
Gigi: What the confirmation mail did you receive. Is it another Correction Notice or a simply a letter.
Others: Could you please update your status. What happened after making try for the correction?
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Hello,
In my case, the labor cert was filed for EB3 and since the attorney was changed by my future employer and the previous attorney lost the labor cert, the current attorney made a mistake in filing it under EB2.
My I-140 got denied due to this, and now the attorney wants to file a new I-140 under EB3, Is this possible with/with out the copy of Labor cert?
Please advise!
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My I-140 got denied last week.
Throughout, I kept telling my attorney to go for EB3 as I have 3 year degree. She insisted that we should try EB2 as it is current. Got an RFE with regard to the education and affordability to pay.
Last week, got the denial notice. Came to know this today.
My labor was approved in September 2007 (180 days passed).
My question is,
Can I appeal/MTR by stepping down to EB3? Will this work or I need to start the PERM and go from scratch?
Thanks in advance
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Hi, Guys,
just want to let you know that my case is still pending and don't know whether they will correct it for me in the final decision. :-(
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EB3 priority date portability
My lawyer screwed up my case and filed 140 in EB3. The labour is with Eb2 requirements and I have double masters. My Eb3 140 got approved and now the lawyer filed EB2 140 with same labour copy as amendment. Here are my questions.
1) Can we file 140 with a copy? My labor approved in 2005. 180 days expirartion rule, Will it apply to my case? My lawyer said no because we already filed 140 with that labour with in 180 days. Is that true?
2) My 485 is pending based on EB3 140.
3) My newly appled EB2 140 reciept is not showing any priority date. Is that normal?
4) Can I file another 485 based on this new pending amendment of 140? What will happen if this 140 rejects? Will it impact all the applications filed sofar?
5) If the new amended 140 in EB2 approves, how to I link this to 485? This 140 notice shows no priority date.
Please shread some light.
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Users currently subscribed this discussion: lahrira, crisbn75, dawndawn, busco4you, urban327, amalik, gullu, trackx, direstraits, hoping, gigi, PKGCWAITING, IndiaEB20403, hitch, PleaseGiveMeGC, gcdream9
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