| Q. |
I-140 Re-filing
PD Dec2004. I-140 applied in May 2007. RFE in Jan 2008. Replied in FEB and denied in April. Re-filed I-140 in May 2008. Application returned back in Sept saying that Original Labor expired. Applied again with a covering letter explaining the whole case and they accepted this time. Received a receipt notice in Oct, but under Skilled worker category(EB3). But my Labor requirement was Masters + 2 Years experience(EB2). My previous 140 was under EB2. Contacted USCIS and they suggested to send an application to rectify the error. What are my options now ? Let them process the case and change to EB2 later if possible ? Need to send the whole application and a letter? Or just an application to correct the error ? Do they tie up the application to the previous one ?
User's Location:
Edison, New Jersey, United States of America
Category:
Employment-based Green Card
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| A. |
With the current I-140 that was submitted to CIS, was I-140 correctly completed to show EB-2 case? On the first page of the I-140 form was the EB-2 box correctly checked or EB-3 box chosen by mistake?
What was the basis for the initial I-140 denial? Was it an EB-2/EB-2 issue or something else?
Thanks.
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.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.
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| Q. |
Thanks for your quick response Andrew.
My previous I-140 was denied on Ability to Pay basis. I got my I-140 copy from employer and confirmed that 2.D(A member of professions holding Advanced Degree with 2 plus years exp) was checked.
Can I rectify it by asking my employer to send a letter with approved labor copy attached with a covering letter to convert from EB3 to EB2 ?
Or do we need to send an new I-140 application form with DOL approved Labor copy and the receipt copy of I-140 which was accepted under skilled worker category(EB3)?
And I noticed that my Social Security Number on the I-140 application was wrong. How can this be corrected ?
Please advise.
Thanks, |
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| A. |
You should be able to send letter/notice to Service Center that the I-140 was filed as an EB-2 but receipt notice lists EB-3. You should include copy of the I-140 as proof that EB-2 box was checked and copy of the approved labor cert as proof that case qualifies for EB-2. You should request a new receipt notice and proof that they are correctly designating your filing as EB-2.
Since your SS# was incorrecly listed, you should make note of that in your letter as well.
If you previously were denied on ability to pay, how are you addressing that issue now?
Thanks.
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.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.
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