Both EB-2 and EB-3

Old Jan 29th 2001, 10:30 pm
  #1  
Ravi
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Hi, My I-140 Approved in Aug 2000(EB-3).(Applied in Aug 1999).

After our company agreed, it has literally forced our attorney to apply for EB-2 too
along with EB-3. The attorney is 100% confident that it will not be approved(EB-2).

Today my I-140 is approved(EB-2)(Applied in Aug 1999). It took so long so I thought as the
attorney said it will not be approved, when asked the attorney has denied to followup on
that as it will be declined anyway.

Now my question is in the EB-2 it says that Approved as Skilled Worker or Professional.
Does this mean that they approved it in EB-2 eventhough it is applied in EB-3(Can they
approve in EB-3 when applied for EB-2).

I would like to see the answers here before I talk to my attorney. If this is in EB-2 will
I face any problems in I-485. (I have India bachelors Degree(B.SC honours plus 1 /12 years
of Computers Diploma) and 5 years of expericence before the date of joining this company).

Thanks /Ravi
 
Old Jan 31st 2001, 6:16 am
  #2  
Ingo
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The final decision whether an I-140 is EB-2 or EB-3 is with INS, so it's possible that
they downgrade your EB-2 to an EB-3, or upgrade an EB-3 to an EB-2. Personally, it sounds
as if your degree + experience are indeed sufficient for an EB-2, so maybe your lawyer was
overly cautious.

There should not be a problem with the I-485 as long as you wait for the correct priority
date, whatever the I-140 approval says.

Ingo

>Hi, My I-140 Approved in Aug 2000(EB-3).(Applied in Aug 1999).
>
> After our company agreed, it has literally forced our attorney to apply for EB-2 too
> along with EB-3. The attorney is 100% confident that it will not be approved(EB-2).
>
>Today my I-140 is approved(EB-2)(Applied in Aug 1999). It took so long so I thought as
>the attorney said it will not be approved, when asked the attorney has denied to followup
>on that as it will be declined anyway.
>
>Now my question is in the EB-2 it says that Approved as Skilled Worker or Professional.
>Does this mean that they approved it in EB-2 eventhough it is applied in EB-3(Can they
>approve in EB-3 when applied for EB-2).
>
>I would like to see the answers here before I talk to my attorney. If this is in EB-2
>will I face any problems in I-485. (I have India bachelors Degree(B.SC honours plus 1 /12
>years of Computers Diploma) and 5 years of expericence before the date of joining this
>company).
>
>Thanks /Ravi

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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