Fate of I-485 if EB2 I-140 approved in EB3
Oct 9th 2006, 12:50 am
#1
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Joined: Nov 2002
Posts: 13
Fate of I-485 if EB2 I-140 approved in EB3
I have read some posting regarding cases where USCIS is changing the i140 from EB2 to EB3 because of different reasons - 3 year degree, experience, etc..
It is still not clear how USCIS will treat the i485 that was filled concurrently withi140 under EB2 and now changed to EB3.
In my particular case:
The i485 filled concurrent with i140 in 11/05 EB2 PD 8/05, ‘All countries’.
Got EAD and AP 2/06.
EB3 for ‘all counties’ was not current in November 05. Looks like it wont be current for a long time...
5/06 got i140 RFE regarding minimum requirements that were advertised and for the LC asking for BscEE plus 5y experience also 2 years experience in the related filed would count as 1 academic year . The RFE refers to the fact that in this case the minimum requirement is not BscEE + 5y, but 13 years experience with no degree (4 academic years = 8 y experience + 5 = 13). Any argument to resolve that fact and keep it EB2? They suggested changing to EB3.
I want to use AC21 once i140 is approved EB2 or EB3. But if i140 under EB3 is approved will USCIS reject my EB2 i485 and I need to wait in order to file it under EB3?
It is still not clear how USCIS will treat the i485 that was filled concurrently withi140 under EB2 and now changed to EB3.
In my particular case:
The i485 filled concurrent with i140 in 11/05 EB2 PD 8/05, ‘All countries’.
Got EAD and AP 2/06.
EB3 for ‘all counties’ was not current in November 05. Looks like it wont be current for a long time...
5/06 got i140 RFE regarding minimum requirements that were advertised and for the LC asking for BscEE plus 5y experience also 2 years experience in the related filed would count as 1 academic year . The RFE refers to the fact that in this case the minimum requirement is not BscEE + 5y, but 13 years experience with no degree (4 academic years = 8 y experience + 5 = 13). Any argument to resolve that fact and keep it EB2? They suggested changing to EB3.
I want to use AC21 once i140 is approved EB2 or EB3. But if i140 under EB3 is approved will USCIS reject my EB2 i485 and I need to wait in order to file it under EB3?
Oct 9th 2006, 1:36 am
#2
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Joined: Sep 2002
Posts: 16,266
Re: Fate of I-485 if EB2 I-140 approved in EB3
Originally Posted by asok
I have read some posting regarding cases where USCIS is changing the i140 from EB2 to EB3 because of different reasons - 3 year degree, experience, etc..
It is still not clear how USCIS will treat the i485 that was filled concurrently withi140 under EB2 and now changed to EB3.
In my particular case:
The i485 filled concurrent with i140 in 11/05 EB2 PD 8/05, ‘All countries’.
Got EAD and AP 2/06.
EB3 for ‘all counties’ was not current in November 05. Looks like it wont be current for a long time...
5/06 got i140 RFE regarding minimum requirements that were advertised and for the LC asking for BscEE plus 5y experience also 2 years experience in the related filed would count as 1 academic year . The RFE refers to the fact that in this case the minimum requirement is not BscEE + 5y, but 13 years experience with no degree (4 academic years = 8 y experience + 5 = 13). Any argument to resolve that fact and keep it EB2? They suggested changing to EB3.
I want to use AC21 once i140 is approved EB2 or EB3. But if i140 under EB3 is approved will USCIS reject my EB2 i485 and I need to wait in order to file it under EB3?
It is still not clear how USCIS will treat the i485 that was filled concurrently withi140 under EB2 and now changed to EB3.
In my particular case:
The i485 filled concurrent with i140 in 11/05 EB2 PD 8/05, ‘All countries’.
Got EAD and AP 2/06.
EB3 for ‘all counties’ was not current in November 05. Looks like it wont be current for a long time...
5/06 got i140 RFE regarding minimum requirements that were advertised and for the LC asking for BscEE plus 5y experience also 2 years experience in the related filed would count as 1 academic year . The RFE refers to the fact that in this case the minimum requirement is not BscEE + 5y, but 13 years experience with no degree (4 academic years = 8 y experience + 5 = 13). Any argument to resolve that fact and keep it EB2? They suggested changing to EB3.
I want to use AC21 once i140 is approved EB2 or EB3. But if i140 under EB3 is approved will USCIS reject my EB2 i485 and I need to wait in order to file it under EB3?
Do you have a lawyer? What does she say? BTW, the math of the RFE seems to be off. This seems weird.
