USCIS Error - Incorrect EB Category

[rpat1968]

Has any one had any issue with incorrect EB category on I140.

I have an approved Eb2 I-140 which shows my EB category as "Advanced Degree or Exception Ability - 203 (b) (2)" . (I have the I-140 receipt, I-140 approval sent to Lawyer and I-140 courtesey copy sent to Employer all show the category as 203 (b) (2)). Also I have only one I-140.

When I did an inquiry for my pending I485 USCIS is saying that I am EB3. SR, Infopass, POJ and Senator inquiry all are saying that I am in EB3. My Lawyer wrote to USCIS about this 10 days ago and I am not sure how to resolve this issue. My PD is July 2004 and is current.

Anyone has experienced with this type or similar issue with their I-140 please let me know your experience handling this issue.

Attorneys please give your suggestion as to how I should handle this issue now.

[Jyotsna]

Has any one had any issue with incorrect EB category on I140.

I have an approved Eb2 I-140 which shows my EB category as "Advanced Degree or Exception Ability - 203 (b) (2)" . (I have the I-140 receipt, I-140 approval sent to Lawyer and I-140 courtesey copy sent to Employer all show the category as 203 (b) (2)). Also I have only one I-140.

When I did an inquiry for my pending I485 USCIS is saying that I am EB3. SR, Infopass, POJ and Senator inquiry all are saying that I am in EB3. My Lawyer wrote to USCIS about this 10 days ago and I am not sure how to resolve this issue. My PD is July 2004 and is current.

Anyone has experienced with this type or similar issue with their I-140 please let me know your experience handling this issue.

Attorneys please give your suggestion as to how I should handle this issue now.


I am in the same boat. I had a EB-2 approved I-140 and with priority date 2002. I also went to the Senator and tried everything and I was repeatedly told my category is EB-3. Finally USCIS sends me a new I-140 stating EB-3. So Now I am waiting in category EB-3.

[Jyotsna]

I am in the same boat. I had a EB-2 approved I-140 and with priority date 2002. I also went to the Senator and tried everything and I was repeatedly told my category is EB-3. Finally USCIS sends me a new I-140 stating EB-3. So Now I am waiting in category EB-3.

I am also a Ph.D with 10+ years experience in my field :).. Just waiting...Praying..Will appreciate some suggestions. Thanks in advance.

[waitingmygc]

Hi Jyotsna,

Is the copy sent to you by USCIS and the copy (ofcouse not original) sent by employer/attorney having same
A). RECEIPT NUMBER
B). RECEIPT NOTICE
C). NOTICE DATE

[Jyotsna]

Hi Jyotsna,

Is the copy sent to you by USCIS and the copy (ofcouse not original) sent by employer/attorney having same
A). RECEIPT NUMBER
B). RECEIPT NOTICE
C). NOTICE DATE

This is the copy sent to me through my previous employer's Attorney.

A) Receipt number is the same as old one
B) Receipt date same as old one
C) Notice date changed from April 2007 to July 2009
Priority date same 2002

[smuggymba]

At what stage to do we know what our EB category is?

How can someone change it if you have I-140 approved?

[Jyotsna]

At what stage to do we know what our EB category is?

How can someone change it if you have I-140 approved?

I have no clue... But this is exactly what happened. Now I have Two approved I-140's with same receipt numbers...Any suggestions ?

[piyushmittal]

I have PD of Dec 04 but changed jobs and got new labor and PD in July 06

When filed I485 July -2 , filed with the old PD

Now my file still says PD for July 06 and not 04.

Anybody has suggestions what to do?

Thanks

[rpat1968]

Your Attorney can write to USCIS asking them to use the the Older Priority date.
Its would have been easier to port the PD when the second I-140 was applied.

I have PD of Dec 04 but changed jobs and got new labor and PD in July 06

When filed I485 July -2 , filed with the old PD

Now my file still says PD for July 06 and not 04.

Anybody has suggestions what to do?

Thanks

[gbof]

[QUOTE=Jyotsna;1000892]I am in the same boat. I had a EB-2 approved I-140 and with priority date 2002. I also went to the Senator and tried everything and I was repeatedly told my category is EB-3. Finally USCIS sends me a new I-140 stating EB-3. So Now I am waiting in category EB-3.[/
QUOTE]

An approved EB2 converted to EB3 after approval? Can this actually happen?. More so, if petetioner is PhD (as she claim).

Anybody else know of similar cases

[s416504]

rpat1968,
Can we know if you got any reply from USCIS on this?

Has any one had any issue with incorrect EB category on I140.

I have an approved Eb2 I-140 which shows my EB category as "Advanced Degree or Exception Ability - 203 (b) (2)" . (I have the I-140 receipt, I-140 approval sent to Lawyer and I-140 courtesey copy sent to Employer all show the category as 203 (b) (2)). Also I have only one I-140.

When I did an inquiry for my pending I485 USCIS is saying that I am EB3. SR, Infopass, POJ and Senator inquiry all are saying that I am in EB3. My Lawyer wrote to USCIS about this 10 days ago and I am not sure how to resolve this issue. My PD is July 2004 and is current.

Anyone has experienced with this type or similar issue with their I-140 please let me know your experience handling this issue.

Attorneys please give your suggestion as to how I should handle this issue now.

[sdrblr]

I am surprised that inspite of this post being in an attorney section for a long time, none of the attorneys have replied or commented on this or is it that I cannot see their comment.

This is scary when USCIS comes back and issues an updated 140 with EB3

[kondur_007]

An approved EB2 converted to EB3 after approval? Can this actually happen?. More so, if petetioner is PhD (as she claim).

Anybody else know of similar cases


Yes, I have known of a few cases in which this has happened.

EB2 or EB3 is decided based in the "requirement of the job" and not based on "qualification of the applicant". Entirely dependent on job description and job classification in PERM (and some of those have changed in the past few years)

Unfortunately, in Jyotsna's case, they did answer the question by issuing another I140 with EB3 on it. Not much can be done about it at this point.

However, my suggestion to Jyotsna: Go for EB1 and EB2 NIW (as you are PhD); they are quite good and fast with these now a days for people with any doctorate degress. Get a good lawyer...

Good Luck.

[Rb_newsletter]

EB2 or EB3 is decided based in the "requirement of the job" and not based on "qualification of the applicant". Entirely dependent on job description and job classification in PERM (and some of those have changed in the past few years)



I agree that classification of EB2/EB3 is based on requirement of job. But when they approved the I140 first time in EB2 category 'requirement of job' was the same. What made them to revisit the approved case and change the classification?

I am just trying to understand the situation
--whether USCIS is revisiting all approved I140 or are they doing random check on approved I140s.
--Are we going to see more of these EB category changes in approved I140s?

[gbof]

What made them to revisit the approved case and change the classification? [/SIZE][/COLOR]I am just trying to understand the situation
--whether USCIS is revisiting all approved I140 or are they doing random check on approved I140s.

This exactly is my question. What made uscis revisit already approved I-140.

Attorneys, Can you shed some light on this. How often you have seen such like cases of re-categorisation? I believe this is a rare case scenario.

[sr2003rk]

Jyotsna/gbof,

I am having the same problem. My I-485 is incorrectly categorized in USCIS computer system to Eb3 instead of Eb2. I have only one I-140 which clearly states that my I-140 was approved under EB2 category. I have raised SR/Congressman enquiry few days back and now after reading your case, I am worried that will they send another I-140 in EB3 category after approving the same I-140 under category. This is ridiculous. How did you resolve it. Did you do anything afterwards? Please advise.

Best,
SR2003RK

[wait4gceb2]

SR2003RK
My I140 was approved in EB2 category. My I485 got transferred from Nebraska Service Center => National Benefits Center => to local office (wash DC) after the interview.

I opened a SR reg I485 couple of months back. I got a SR response from local office regarding pending visa availabe and it states about EB3 cut off dates. I am planning to take Infopass next month sep1st as i will be current to find out more.

Please let me know if you come across anything to correct this EB incorrect classification?

Thanks!

[saileshdude]

How did you find out that your I-485 is under EB3? Kind of curious. From what I know, the I-485 does not show the category. And what is your attorney saying about this.

Even I am planning to make sure that I am put in the right category. So wanted to know.




Jyotsna/gbof,

I am having the same problem. My I-485 is incorrectly categorized in USCIS computer system to Eb3 instead of Eb2. I have only one I-140 which clearly states that my I-140 was approved under EB2 category. I have raised SR/Congressman enquiry few days back and now after reading your case, I am worried that will they send another I-140 in EB3 category after approving the same I-140 under category. This is ridiculous. How did you resolve it. Did you do anything afterwards? Please advise.

Best,
SR2003RK

[wait4gceb2]

I am thinking it is under EB3 as in the Service Request response they specified EB3 cutoff and my pd as well. since this response come after reviewing my file its my guess., but not sure. Still to check with attorney(he is going to say it is EB2 as my 140 clearly states that it is EB2)

[rpat1968]

Yes I got a reply from USCIS. Bunch of emails, call from IO, letter from Congress man.
Finally USCIS sent me an amended EB3 approval. (The IO called and explained me that I was approved in EB3 but their contractor had mistakenly generated a EB2 approval.)
Looks like it is immposible to change the EB category. The only option is to restart the GC process fresh and recapture the old priority. This whole process is too messy and I have decided to forget about it and just stay on EAD. The stress has severely affected my health and has affected my family badly.
I bought a house last November and now a days I do not think much about the GC process. Once in a while I visit IV to respond to the posts that I am watching so that I can help others. The only drawback is the renewals of EAD, AP and Drivers license which have gone smoothly till now.
I don't want to restart the process and go through the trauma all over again.

rpat1968,
Can we know if you got any reply from USCIS on this?

[rpat1968]

When you create a Service REquest to see why your I-485 was not approved the CSR's will research you case and then send you an email reply. If they find that the Visa Date for your case is not current (because their system says that you are in EB3) then this will raise a flag and the SR reponse will tell that.
Also you can do an Info pass and the IO can check if you are in the correct category.
In I-485 instead of category there are classification code E31, E32 etc. (goodle EB classification code so know what is applicable to you EB category).

How did you find out that your I-485 is under EB3? Kind of curious. From what I know, the I-485 does not show the category. And what is your attorney saying about this.

Even I am planning to make sure that I am put in the right category. So wanted to know.

[rpat1968]

Sorry to share with you this bad news but USCIS will not correct the EB classification. If you initiate and inquiry through Ombusdman, Senator/Congressman or AILA you will get some response saying that the EB2 approval was sent by mistake. Then you will get an amended Eb3 approval. That's what happened in my case. I did all the above and got email from USCIS and also a phone call from an IO explaining what happed. The IO mentioned that USCIS will not change the category and only way is to restart the GC process right from LC/PERM stage and recapture the Old PD.

Here a letter I got from USCIS

From: NSC, NCSC Followup <NCSCFollowup.Nsc@dhs.gov>
Date: Fri, Oct 30, 2009 at 4:03 PM
Subject: BJA - 2010-6980
To: XXXX@gmail.com



Good Afternoon Mr. XXXXX,

USCIS electronic records indicate that on 11-1-06, our office received the I-140 petition referenced in your e-mail below and that on 11-14-06, our office approved that petition. In view of your e-mail below, earlier this month I had a supervisory adjudications officer review that petition. Unfortunately, that officer discovered that the Approval Notice that our office generated on 11-14-06, for that petition reflected that the petition had been approved with a 2nd preference classification when actually that petition had been approved with a 3rd preference classification. On behalf of the Service please accept my apology for any confusion that preference classification error may have caused you.

USCIS electronic records now indicate that today, 10-30-09, our office issued an amended Approval Notice for the I-140 petition referenced above which reflects that the petition was approved with a 3rd preference classification. If you wish to view that amended Approval Notice, I suggest that you contact Corporate Computer Services Inc in approximately 7 to 10 days.

USCIS electronic records indicate that on 7-2-07, our office received the Employment Based I-485 application referenced in your e-mail below. To date USCIS electronic records do not reflect that final action has been taken on that application. Please note that at this time our office cannot take final action on that application because at this time no visa is available for it. Our office will not be able to take final action on it until a visa is again available for it. It appears that no visa will be available for it until sometime well after 12-1-09. Please refer to monthly Department of State Visa Bulletins for future visa availability information. Visa Bulletin information can be found on the U.S. Department of State’s website at:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

I hope that this information will be of assistance to you. At this time I am closing your inquiry on this matter.

Thank you.

USCIS - Nebraska Service Center - EX0025

Jyotsna/gbof,

I am having the same problem. My I-485 is incorrectly categorized in USCIS computer system to Eb3 instead of Eb2. I have only one I-140 which clearly states that my I-140 was approved under EB2 category. I have raised SR/Congressman enquiry few days back and now after reading your case, I am worried that will they send another I-140 in EB3 category after approving the same I-140 under category. This is ridiculous. How did you resolve it. Did you do anything afterwards? Please advise.

Best,
SR2003RK

[belmontboy]

Yes I got a reply from USCIS. Bunch of emails, call from IO, letter from Congress man.
Finally USCIS sent me an amended EB3 approval. (The IO called and explained me that I was approved in EB3 but their contractor had mistakenly generated a EB2 approval.)
Looks like it is immposible to change the EB category. The only option is to restart the GC process fresh and recapture the old priority. This whole process is too messy and I have decided to forget about it and just stay on EAD. The stress has severely affected my health and has affected my family badly.
I bought a house last November and now a days I do not think much about the GC process. Once in a while I visit IV to respond to the posts that I am watching so that I can help others. The only drawback is the renewals of EAD, AP and Drivers license which have gone smoothly till now.
I don't want to restart the process and go through the trauma all over again.

Did your lawyer apply you in EB2 category?
If yes, then how can USCIS approve your petition in EB3 instead of denying your EB2 petition??

[rpat1968]

Yes my lawyer applied for me in Eb2 in Oct 2006 in premium processing and my I-140 was approved in 4 days.
I am not sure what USCIS did (you can ask them if you have the means) What the IO told me is that they approved the case in EB3 because he thought that I am not qualified under EB2. Also looks like my attorney did some thing that might have confused the IO (which I don't know and cannot find out till I do a FOIA do get all my case papers from USCIS). I am fed up with this whole thing and I have other higher priorities than getting GC. Last Year from Sept to Nov I did lots of things to resolve this and finally got a amended petition in EB3 category. Its affected me a lot and don't want to go through the traumatic time all over again. Eventually I may get a GC may be in next 10 years till then god willing I will hang on with hope.
Currently I am happy with the current EAD status and being doing quite well not thinking about the GC mess. I don't have any plans to reapply or restart the GC process all over again.

Did your lawyer apply you in EB2 category?
If yes, then how can USCIS approve your petition in EB3 instead of denying your EB2 petition??

[saileshdude]

Hi Rpat,

Did you talk to few attorneys like Murthy and others. If I were you I would not give up that easily unless I am absolutely sure that my attorney screwed up. If its a USCIS error they should correct it and if not I would pursue legal means. Are you sure that your attorney did not have a hand in this.

[wait4gceb2]

SR2003RK
Have you corrected your EB classification from EB3 to EB2?

[wait4gceb2]

thanks RPAT1968.What did the lawyer say since you think he messed up the EB category?

[rpat1968]

You cannot get your lawyer to admit that he made a mistake. I was able to find out that he included a letter to USCIS when he filed my I140 in per process that they can approve me in EB3 if they are not able to approve me in EB2. That was the stupid of my lawyer to do so. Again it is very difficult to know what exactly happened till we do a FOIA request of our file. A mistake was made and it ruined my chances of getting approved in EB2. Only option is to restart the GC process write from LC stage and recapture the PD. It will take 2-3 years for this + $$ and above all the waiting game.... ( Is it all worth it????) I have gone through this once already and know how it affected me physically and mentally.

thanks RPAT1968.What did the lawyer say since you think he messed up the EB category?

[sr2003rk]

wait4gceb2,

Not yet, I have initiated Congressman inquiry 10 days back, and still waiting to hear from USCIS. I will not leave this issue without giving a fight. You also please keep updating this thread with your situation.

Best,
sr2003rk

[gcwait4ever]

I am in the same situation. I -140 clearly states EB-2. Approved in April 2006.

SR response says EB-3. I sent an e-mail with a copy of my I-140 and they have re-approved my I-140 today.

I Called up USCIS, and they tell me that they have corrected from EB-3 to EB-2 on their
system. I do not fully believe them. I will wait for my attorney to receive the I-140..

[sr2003rk]

gcwait4ever,

Thanks for the update. Good that your issue is resolved. Also, could you share what email address did you send the copy of I-140.

Best,
sr2003rk

[gcwait4ever]

Well, I am not sure that my case is resolved. I will wait for the actual I-140 approval notice from the lawyer.

The e-mail for TSC is TSC.Ncscfollowup@dhs.gov

Good luck and let us know what happens.

[wait4gceb2]

hi gcwait4ever,

Is your SR responce come from service center or local office? I am in the same situation but my case is at local office and Service Request response also came from the local office with incorrect EB classification.Please share SR response email wordings.

How do you know that they have re-approved your I140? Also how much time it took after you sent an followup email?

Also did you hear from CSR that the EB classification is corrected? please throw more details.

Thanks!

[gcwait4ever]

The case status on my i-140 changed ..again...saying it has been approved on Aug 17th. That is how I know it got re approved.

But the thing that I am not sure is why?? what did they mess up this time? did they re classify me to Eb-3 which will be not nice!!..or did they just re-print the approval in the same classification..

My original approval clearly states that my category is eb-2..i am hoping they have not messed with this....

[gcon_july14]

I had the same situation.My case was applied under EB2,But I140 got approved as EB3.In fact i found out about this only 2.5 years after it was approved.My perm was applied in Aug 2005.Perm approved on Jan first week 2006.My 1140 was filed in early January and was approved in same month.Approval was under EB3.I did not check the notice niether did the legal assistant handling my case.During 2008 July,I did a congressional enquiry (since my date was current) and congressmans office responded that i was EB3 and not current.I checked my I140 and found that it was approved under EB3.I called my lawyer and they filed an MTR.Though legal assistant was bad,lawyer was very good.They were able to use all channels and get me an EB2 approval by September end. I got my green card this july.

I know exactly what you are going through because i was in your shoes 2 years ago.PM me if you need any help.I can give you my lawyer details or anything else which might help you.DO NOT GIVE UP and use all avenues.
You cannot get your lawyer to admit that he made a mistake. I was able to find out that he included a letter to USCIS when he filed my I140 in per process that they can approve me in EB3 if they are not able to approve me in EB2. That was the stupid of my lawyer to do so. Again it is very difficult to know what exactly happened till we do a FOIA request of our file. A mistake was made and it ruined my chances of getting approved in EB2. Only option is to restart the GC process write from LC stage and recapture the PD. It will take 2-3 years for this + $$ and above all the waiting game.... ( Is it all worth it????) I have gone through this once already and know how it affected me physically and mentally.