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Posted on 17 Nov 2008
Q.

Move I140 from EB2 to EB3

I got a RFE on my I-140 last week. The RFE was for my 3 Year B.Sc degree + 3 year Post Graduate Program is not equivalent for the 4 Years BS required for EB2.

In the RFE, it says that if you are unable to justify the 4year BS requirement, you can request a preference classification change

Questions:
What are my chances that my case will approve in EB3 category if I accept to downgrade my application from EB2 to EB3?

* What does moving to EB3 means to my I485. Would my current application get canceled or will it get transferred to EB3 as well? Will they revoke my EAD and AP? Do I need to wait again for my PD to become current in EB3 category (which I don't know when will it happen) to file new I485.

User's Location: Lewisville, Texas, United States of America
Category: Employment-based Green Card
Posted on 18 Nov 2008
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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