I-140 Approved in EB2 - Infopass IO says EB3

[ss777]

My I-140 was approved in EB2 category. In an inquiry through senator office I received information stating that my I-485 is based on approved EB3/India I-140. I went to local USCIS office using infopass to clarify that and the officer says its recorded as EB3. She asked me to contact NSC sending approval notice.

Did anyone hear this situation and what should I do to correct the category?
Thanks

[sanjuatl]

What does your I140 say??Exception ability ??
I dont remember the exact words used in there but look out in 140 on top hand right corner and tell us what its in there

[Karthikthiru]

This has happened for some folks in the past due to USCIS error. Before saying it is USCIS error - have looked at the I-140 approval? What does it say in the "Section:" in the "Notice Type" box - which will be in right side on the 4th row from top. For EB2 - it should say "Mem of Profession w/Adv Deg, or of Exceptional Ability"

[ss777]

Thanks for your response.
It says "mem of Profession w/Adv Deg, or of Exceptional Ability Sec. 203 (b) (2)"

[Karthikthiru]

Then it is for EB2. USCIS has made an error. Your attorney must knowing the formalities to correct it. Or If you search in some of the immigration forums - you will get lot of information about this

[vin13]

Thanks for your response.
It says "mem of Profession w/Adv Deg, or of Exceptional Ability Sec. 203 (b) (2)"

Did you previously have a EB-3 and ported to EB-2 later on? Could that have caused the error?

[ss777]

I did not port it to EB2. Its a separate labor altogether.

However I had an earlier I-140 in EB3 which is still pending from the same employer. Since its stuck up in background investigation for unknown reasons since Nov-2004 my employer filed another I-140 in EB2.

I too think earlier EB3 may have caused this error. I am contacting my employer and attorney. Does anyone know the process for correcting it. I am searching forums but could not find any good information yet

[s416504]

Ensure your New labor position has EB2 requirement (advance Degree). I think vinodmp (member) has same kind of issue. Try contacting him

[ss777]

OK, my worst fears have come true. I just managed to take a look at the ETA 750-Part A. It simply says experience required is 2 yrs (in column 14). This means USCIS changed the EB category from 2 to 3 even after approving I-140 in EB2.

Currently I am on EAD with the same employer who holds my H1B (valid upto 2007, did not renew after that). Starting EB2 perm from the same employer is one option(?). But I am wondering if its possible for me to invoke AC21 and start EB2 Perm from a different employer with better profile (if I can find one). Can you please let me know if that's possible? I am scheduling appointment with attorney for this answer but in the meantime if someone has idea about this situation, please let me know.