EB3 instead of EB2 on I140

[sirenali]

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.

[kondur_007]

- 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...

[nomad]

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!

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.

[GCard_Dream]

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.

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!

[nomad]

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



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.

[GCard_Dream]

Thanks nomad. I really appreciate the info.

You have a great weekend now.

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