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View Full Version : EB3 to EB2 - Notice of Intent to Deny!


GCtrouble
09-25-2006, 10:53 PM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

Ramba
09-26-2006, 06:07 PM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.

file485
09-26-2006, 06:13 PM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

GCTrouble..

can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

Anyone who knows about this ..pls comment what is the right way to do this stunt..

yabadaba
09-26-2006, 06:21 PM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...


this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

dilbert_cal
09-26-2006, 07:15 PM
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

Cool down yabadaba. No need to generalise stuff.

There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.

OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.

Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.

OP - If you can provide more details about your case, it will be helpful.

Prashant
09-26-2006, 09:08 PM
GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..

If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..

We all are in the same boat dude ....

Good luck

rbharol
09-26-2006, 09:37 PM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.

yabadaba
09-26-2006, 10:02 PM
Cool down yabadaba. No need to generalise stuff.

There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.

OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.

Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.

OP - If you can provide more details about your case, it will be helpful.


what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.

mrajatish
09-26-2006, 10:50 PM
I kind of agree that this insanity really needs to stop - people need to realize EB3 and EB2 are both going to be pretty slow for India, so the best option or the only option is to lobby for a legislative change.

Also, labor sub if allowed should not allow PD substitution. Why can't DOL/USCIS stop that?

immilaw
09-27-2006, 10:00 AM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

Ask the lawyer to give you a copy of the RFE.

snhn
09-27-2006, 10:59 AM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.


so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

Lets see what the future holds for us.

gc_in_30_yrs
09-27-2006, 11:08 AM
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

Lets see what the future holds for us.

Hold on snhn:

rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.

file485
09-27-2006, 12:16 PM
this is a hot topic right now..!!

many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

In no way,this situation can be treated as a substituted labor...

So may I take it from this thread, bottom line that we cant do it..

ilwaiting
09-27-2006, 12:26 PM
Unless one were being paid a EB2 salary back then but employer filed you in EB3.

this is a hot topic right now..!!

many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

In no way,this situation can be treated as a substituted labor...

So may I take it from this thread, bottom line that we cant do it..

headhunter
09-27-2006, 11:18 PM
Guys-

If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.

"If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman