I140 Approved Lca Again After Job Switch

• #1

Hi,

My labor was canonical with Masters'south + 18 months in May, 2006.
In I-140, attorney mentioned EB3 category by mistake. Now, When I got I-140 approval Detect, I came to know that it was filed in EB3.
Tin can I file for subpoena in I-140 Approval or I need to file fresh I-140 ?
Will my priority date will be same ? Please assist.

• #3

I think EB2/EB3 category is decided at the time of filing labor and non at the fourth dimension of filing I-140.

This is what I take came to know from my lawyer. Are y'all guys think it differently?

• #4

My labour was filed with Masters' + 18 months, and then it is EB2. But in I-140 grade, attorney checked EB3 category by mistake.
When he got the I-140 approval notice and sent information technology to me, it was conspicuously mentioned that approval is for "Skilled Worker or Professional" i.e. EB3.
Pls. suggest wht shall I do ?

• #5

hope49 said:

My labour was filed with Masters' + eighteen months, so it is EB2. But in I-140 course, chaser checked EB3 category past mistake.
When he got the I-140 approval notice and sent it to me, it was clearly mentioned that approval is for "Skilled Worker or Professional" i.east. EB3.
Pls. advise wht shall I do ?

Hope49,
My trouble is: when I got my LC approved information technology was canonical under EB2 (Bs+6mo or Ms). My LC was filed in 8/2004. According to my lawyer, at that time Bs+6mo or Ms is infact falls on EB2 category. But on 10/2006 uscis start to change to simply Bs+5yr or Ms for EB2 category. And then, when I file I-140/I-485 concurrently, uscis apply the new dominion and advise to downgrade the category to EB3.
My lawyer suggest me to file an entreatment, only at the aforementioned time, I volition file I-140 nether EB3. The appeal basically asking them to consider my case accordingly to the onetime category, which is Bs+6mo or Ms.

What do y'all guys remember of this? Do you think my lawyer claim is valid?

I try to find anyone who tin validate this through this forum but haven't detect it so far.

• #6

??

I idea it was always BS+5yrs = MS. My labor was filed in Oct 2004. Even at that fourth dimension I was advised that I would need 5yrs of experience (not counting the experience with the current employer) to able to apply EB2 category.

• #7

oh no...is that mean my lawyer prevarication to me?

mwalam said:

I thought it was always BS+5yrs = MS. My labor was filed in Oct 2004. Even at that time I was brash that I would need 5yrs of experience (not counting the feel with the current employer) to able to utilize EB2 category.

Howdy, Cheers for your respond.
My lawyer advise me to apply Bs+6mo or Ms to go for EB2 or EB3. This was her previous advise to me. Now she merits that the rule has change. She asked me to become alee filing I-140 EB3 (equally suggested past uscis) and then file an appeal for EB2 category.
Is this strange?
If anyone tin comment hither, pls do then. Thanks!!!!

• #8

joelly said:

Hi, Thank you for your reply.
My lawyer advise me to apply Bs+6mo or Ms to go for EB2 or EB3. This was her previous advise to me. Now she claim that the rule has change. She asked me to become ahead filing I-140 EB3 (every bit suggested past uscis) and so file an appeal for EB2 category.
Is this strange?
If anyone can comment here, pls practise and so. Thanks!!!!

BS+6mo has never been EB2. Plainly just like my lawyer, yours f'ed upwardly your case also.

• #9

Lawyer f'ed upwards my case, what to practise?

Chicago Desi said:

BS+6mo has never been EB2. Obviously just like my lawyer, yours f'ed upwardly your case likewise.

Desi,
Darn it! I trusted her. I was completely new in this process. I knew nothing of it. This is the toll I pay for non getting informed. I didn't even know that this forum exists, until this January.
So, you're saying that there is no modify in law and my lawyer just flat lying to me. I already pay her for the cost of appealing my EB2 case and some other fee for filing another I-140 for EB3. My lawyer said that we file I-140 EB3 and had that approve and then file an appeal for the EB2 instance.
Please anyone, what should I do? Please tell me!!!!!

• #x

joelly said:

Desi,
Darn it! I trusted her. I was completely new in this process. I knew nil of it. This is the cost I pay for not getting informed. I didn't fifty-fifty know that this forum exists, until this January.
Then, you're saying that there is no change in police and my lawyer just apartment lying to me. I already pay her for the cost of appealing my EB2 case and another fee for filing another I-140 for EB3. My lawyer said that nosotros file I-140 EB3 and had that approve and then file an appeal for the EB2 case.
Please anyone, what should I exercise? Delight tell me!!!!!

Thats a lotta questions, buddy. I am in the same boat. Lawyers practise f-up cases quite regularly and still get paid for their work and in that location is no reprimand for them. Since I am not an expert, just some other victim of similar state of affairs, I'd rather not give you lot whatsoever suggest that might not be of any help to you.

Having said that, I can share post-obit data:

-EB3 tin not be appealed and converted into EB2 unless at that place was something equally big as mount Everest was wrong.
-Yous tin can get-go another PERM and pursue Eb2 more than carefully.
-You can get i140 approval that will become handly should you need to extend your H1 later on 6 yrs.

Skillful luck.

• #xi

I-140 is a follow-on (next step) to Labor certification. In follows the approving of you labor certification.

The EB2 or Eb3 category is decided by what you lot accept stated on the Labor certification class. If your labor is approved based on a Eb3 petition, your I-140 has to be Eb3. As far every bit I know, you cannot have that inverse. The only fourth dimension you can alter is before your labor is canonical by filing a modification with DOL. Once labor is already approved, you would demand to file a new labor application.

• #12

I'd like to add together some comments here as I am planning to alter my instance from EB3 to Eb2 if dates practice non motion fast.
This is very much possible to exercise ..I mean the irresolute from EB3 to EB2 and too retain the priority engagement of the before petition.
the issues involved here are that at the time of your PD you should satisfy the criteria for EB2( BS +five) ...also there is an issue of prevailing wage.
the prevailing wage for EB2 and EB3 are different for aforementioned job championship and experience( simply this does not consequence people whose salaries have increased into the EB2 category which initially was less while filing in EB3)

the process goes like this ...basically you lot demand to tell the INS that your I140 has been approved earlier while filing the new Labour( yes new labour with new requirements satisfying EB2) and and so the new I 140.

My lawyer said he has done that successfully a few in the past.

Read here for more than http://murthy.com/news/n_gcimps.html

thanks

mwalam said:

I-140 is a follow-on (next step) to Labor certification. In follows the approval of you labor certification.

The EB2 or Eb3 category is decided by what you accept stated on the Labor certification class. If your labor is canonical based on a Eb3 petition, your I-140 has to be Eb3. Equally far equally I know, you cannot have that changed. The but time you can change is before your labor is canonical by filing a modification with DOL. Once labor is already canonical, you would need to file a new labor application.

• #13

Welcome me to the club...

My attorney made a very artistic mistake - he filed my LC with the job requirement "ii-year mail service-graduate report plus 2 years of working experience". I received a NOID on my I-140. My job advert clearly states my position requires a chief's caste - and I have a PhD AND a master's degree. Now as far equally USCIS is concerned , none of that matters.

Back to the issue of equivalence. USCIS provided no rule as to how to translate feel into education or vice versa, pertaining to I140 applications. So in the response to USCIS, my attorney cited viii CFR 214.two(h)(5), which is a rule for H-1B cases. It states that three years of specialized preparation and/or experience are equivalent to one year of college education. At present if the rule can be used backwards, my task requirements become BS+viii years.

This is a artistic solution to a creative mistake, simply whether USCIS likes his sense of sense of humour is another question. I'thou however waiting. I'm under premium processing, and today's the 12th solar day after they received my chaser's statement.

Now, it didn't say how to translate education to experience. Then in that location are 3 weak links in this arguments: 1) He "logically" reversed the translation; 2) he used an H-1B rule on a I140 case and 3) he assumed that such a translation is acceptable to USCIS. Let's see if he's right.

He also insisted that the task requirements should come from the original offer alphabetic character, as opposed the job ads prior to my LC application. Someone please tell me this is incorrect. If that's the case, people who re-applied under EB2 after their EB3 I140 approval can't practice that - because fifty-fifty if they accumulated plenty working experience, their offer letter won't change, and they will NEVER qualify for EB2.

Concluding edited by a moderator: Jan 31, 2007

• #14

got I-140 canonical for EB2

BS+6mo has never been EB2. Apparently just like my lawyer, yours f'ed up your case too.

Desi,
My instance turn effectually to be in my favor. My I-140 approved under EB2. Thanks God!!!

• #15

I-140 got approved for EB2

Thats a lotta questions, buddy. I am in the same boat. Lawyers do f-up cases quite regularly and still get paid for their work and in that location is no reprimand for them. Since I am not an expert, just another victim of similar situation, I'd rather non give you any propose that might not be of any help to you.

Having said that, I can share following information:

-EB3 can not be appealed and converted into EB2 unless there was something as big as mount Everest was wrong.
-You can start another PERM and pursue Eb2 more carefully.
-You tin can become i140 approval that will become handly should yous demand to extend your H1 after half dozen yrs.

Good luck.

Desi,
Eventhough my job requirement is Master with 0 exp. I still got EB2 for I-140. Now, on to I-485. Thanks God!!!!!

• #xvi

Desi,
Eventhough my job requirement is Master with 0 exp. I still got EB2 for I-140. Now, on to I-485. Thanks God!!!!!

Congratualtions on approving of your i140. You were able to get EB2 b/c the chore requirement was MS. Simply having alternating requirements of BS+6 months oft makes it EB3 rather than EB2, AFAIK.

Good luck on your next steps and keep us posted.

• #17

What is the difference-EB2 or EB3?

Hey ppl,

I am very new to all this-Can anyone delight analyze what advantages are there if Labor/I140 is approved under EB2 as confronting EB3?

-tmlover

phamtowery69.blogspot.com

Source: https://forums.immigration.com/threads/approved-i-140-with-eb3-can-i-file-again-with-eb2.220415/

Share this post