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  #1  
Old 06-10-2009, 05:23 PM
Junior Member
Priority Date
:
Dec-05
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:
N/A
I140 Mailed Date
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:
Processing Stage
:
I-485
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Join Date: Nov 2007
Posts: 2
sirenali is on a distinguished road
Default EB3 instead of EB2 on I140

Hi All,

My lawyer just noticed that my I-140 was mistakenly filed by USCIS in EB-3 category instead of the EB-2 category. I have an original labor that was approved for EB-2 category, and have a Masters degree from US. I have no idea why lawyer didn't catch the error 2 years ago when my 140 got approved on Oct, 07.

My 485 already been filed and I also applied AP/EAD.

Question:
- How long will take USCIS to make correction?
- Does it will impact my AP/EAD application?
- In the even I lose my job during the period of correction, do I lose my status?

thanks for the inputs.
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  #2  
Old 06-10-2009, 05:28 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
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Join Date: Nov 2007
Posts: 395
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- How long will take USCIS to make correction?

I do not know; someone with similar experience plz post the approximate time

- Does it will impact my AP/EAD application?

No.


- In the even I lose my job during the period of correction, do I lose my status?

No. You will still in authorized period of stay and can stay legally in US and travel on AP.
The only issue (if you loose the job) is that USCIS can ask you for EVL (employment verification letter) saying that there is still a permanent job for you. (this letter can be from original sponsor employer or AC21 Employer. If the EVL is sent, they can turn back to your employer and ask "if there is a permanent job for the applicant and if applicant is not currently doing it, who else is donig it?"--all these things can be handled by a good lawyer...
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #3  
Old 06-10-2009, 10:54 PM
Donor
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
07/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Join Date: Apr 2006
Posts: 61
nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold
Default

I had incorrect PD in my approved I-140. ( though not lawyer's mistake in this case). So my lawyer requested USCIS to correct it in mid Jan this year. Last week, I got the amended I-140 approval letter. So it took nearly 6 months!

Quote:
Originally Posted by sirenali View Post
Hi All,

My lawyer just noticed that my I-140 was mistakenly filed by USCIS in EB-3 category instead of the EB-2 category. I have an original labor that was approved for EB-2 category, and have a Masters degree from US. I have no idea why lawyer didn't catch the error 2 years ago when my 140 got approved on Oct, 07.

My 485 already been filed and I also applied AP/EAD.

Question:
- How long will take USCIS to make correction?
- Does it will impact my AP/EAD application?
- In the even I lose my job during the period of correction, do I lose my status?

thanks for the inputs.
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  #4  
Old 06-10-2009, 11:33 PM
Senior Member
Priority Date
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Sep-05
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EB2
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:
Nepal
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:
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Posts: 660
GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future
Default

I am in the same boat. I recently got my I-140 approved with a wrong PD. I would appreciate if you could provide a little more detail about your case.

1. Did your attorney have to file another application for I-140 amendment with new fees?

2. If not, did your attorney simply wrote a letter requesting the correction?

I am trying to understand the process so that I can discuss all available options with my attorney. Your help will be very much appreciated.

Quote:
Originally Posted by nomad View Post
I had incorrect PD in my approved I-140. ( though not lawyer's mistake in this case). So my lawyer requested USCIS to correct it in mid Jan this year. Last week, I got the amended I-140 approval letter. So it took nearly 6 months!
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  #5  
Old 06-19-2009, 04:27 PM
Donor
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
07/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: Apr 2006
Posts: 61
nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold nomad is a splendid one to behold
Default

Sorry for the late reply.

1. No. We didnt apply for a new I-140
2. My Attorney drafted a single page letter requesting USCIS to correct my PD and also update the my I-485 ( i concurrently filed both). We submitted following documents:
a. copy of labor approval with correct date - 750 a and b
b. copy of I-140 approval
c. copy of I-485 receipt notice

thanks



Quote:
Originally Posted by GCard_Dream View Post
I am in the same boat. I recently got my I-140 approved with a wrong PD. I would appreciate if you could provide a little more detail about your case.

1. Did your attorney have to file another application for I-140 amendment with new fees?

2. If not, did your attorney simply wrote a letter requesting the correction?

I am trying to understand the process so that I can discuss all available options with my attorney. Your help will be very much appreciated.
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  #6  
Old 06-19-2009, 06:55 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Nepal
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 660
GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future
Default

Thanks nomad. I really appreciate the info.

You have a great weekend now.

Quote:
Originally Posted by nomad View Post
Sorry for the late reply.

1. No. We didnt apply for a new I-140
2. My Attorney drafted a single page letter requesting USCIS to correct my PD and also update the my I-485 ( i concurrently filed both). We submitted following documents:
a. copy of labor approval with correct date - 750 a and b
b. copy of I-140 approval
c. copy of I-485 receipt notice

thanks
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