| 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
|
| A. |
Questions:
What are my chances that my case will approve in EB3 category if I accept to downgrade my application from EB2 to EB3?
Its hard to speculate on the chances of approval without reviewing all the documentation. You should probably argue that you qualify, and accept a "downgrade" as an alternative.
* 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.
I dont know about the interplay with pending 485, but it would seem unfair to others to permit you to keep the AOS app pending, renew AP and EAD, etc. However, I am not aware of a mechanism to revoke the 485 at this point. It is just as if your priority date became unavailable!
Good luck,
Jim |
| |
James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
