140 denied. Attorney filed I140 in eb2 instead of eb3

[utp2009]

Hi All,
My I140 is denied. Because Attorney filed I140 in eb2 instead of eb3 by mistake ( I have EB 3 labor cert. My I 485 is also denied ). I have pending H1 ext.

1) Should I file MTR for I140 denial ? any chance.
2) Is my EAD Valid ( Attorney said not valid)


Any body has such experience?
What do you suggest?

your input is highly appreciated.

Thanks,

[whiteStallion]

During Labor certification, EB2/EB3 is not decided...only at I140 stage, depending on the job opening, USCIS/DOL assigns an EB2/EB3 classification when they accept the I140 petition for processing.

Hi All,
My I140 is denied. Because Attorney filed I140 in eb2 instead of eb3 by mistake ( I have EB 3 labor cert. My I 485 is also denied ). I have pending H1 ext.

1) Should I file MTR for I140 denial ? any chance.
2) Is my EAD Valid ( Attorney said not valid)


Any body has such experience?
What do you suggest?

your input is highly appreciated.

Thanks,

[Hinglish]

Hi All,
My I140 is denied. Because Attorney filed I140 in eb2 instead of eb3 by mistake ( I have EB 3 labor cert. My I 485 is also denied ). I have pending H1 ext.

1) Should I file MTR for I140 denial ? any chance.
2) Is my EAD Valid ( Attorney said not valid)


Any body has such experience?
What do you suggest?

your input is highly appreciated.

Thanks,

Here is my input ...
You may have submitted a fake resume which led the attorney to assume that you had the required credentials for EB2 .... or may be he really made a mistake .... dont worry you can still correct it ...
All you have to do is get a cert to say that you have EB2 creds and you will get through ....

Your AP and EAD are now invalid till you file for a new one ... ..... or may be not ... just ask your lawyer would yeah .... shoot .... didnt he screw you over before ???? ........ crap .... you better hire a new one to get you over this hump ..... all the best utp2009 ... you are really really in a pickle :eek: ... please start packing your bags ... let me know if you need help ....

[Hinglish]

Yeah yeah yeah ... I know Im going to be slammed for this .... insensitive SOB comment .... bring it on ....


Here is my input ...
You may have submitted a fake resume which led the attorney to assume that you had the required credentials for EB2 .... or may be he really made a mistake .... dont worry you can still correct it ...
All you have to do is get a cert to say that you have EB2 creds and you will get through ....

Your AP and EAD are now invalid till you file for a new one ... ..... or may be not ... just ask your lawyer would yeah .... shoot .... didnt he screw you over before ???? ........ crap .... you better hire a new one to get you over this hump ..... all the best utp2009 ... you are really really in a pickle :eek: ... please start packing your bags ... let me know if you need help ....

[Hinglish]

Yeah .... hmmm ... to the one who just a left a comment "fuck up, you mofu!" ... I respectfully decline to accept your regards .... please keep them with your own mofu

[WAIT_FOR_EVER_GC]

Mr Whitestallion is completely wrong, he has to gain more knowledge on immigration. Eb2-Eb3 is decided at the time of labor.
What kind of lawyers are these man.. seriously many people here know more about immigration.( Not talking about me).

File an MTR
If you are on H1-B you are fine and can work
your EAD/AP are now invalid

Take an appointment with murthy man.. it will cost you only 100 dollars for an hour.

[xtronics]

This has what happened exactly in my case as well. We tried sending the correction but uscis was ruthless. They denied it and my EAD and AP were also cancelled because of this. I applied for a new I-140 immediately (Jan'08). Then they approved it recently. Have to wait for the visa dates to become current now. My PD June'04