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  #1 (permalink)  
Old 09-17-2009, 07:07 PM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default PD current but Incorrect EB Classification in I485

My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.

I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES)
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

PLEASE HELP.
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  #2 (permalink)  
Old 09-17-2009, 07:53 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by rpat1968 View Post
My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.

I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES)

?
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

PLEASE HELP.
what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?
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  #3 (permalink)  
Old 09-17-2009, 09:56 PM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default

My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
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  #4 (permalink)  
Old 09-20-2009, 01:14 AM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default

I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.

Quote:
Originally Posted by rpat1968 View Post
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
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  #5 (permalink)  
Old 07-15-2010, 08:07 PM
Junior Member
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:
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:
N/A
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:
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:
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:
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:
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Join Date: Jul 2010
Posts: 2
ONEMOREGCSEEKER can only hope to improve
Default PD current but Incorrect EB Classification in I485

rpat1968,

I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?

Thanks in advance.
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  #6 (permalink)  
Old 07-15-2010, 09:10 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB2-NIW
I140 Mailed Date
:
07/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
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Join Date: Jul 2007
Posts: 151
redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute redgreen has a reputation beyond repute
Default

Why blame USCIS when you classify yourself as EB3!

Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
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  #7 (permalink)  
Old 07-15-2010, 09:13 PM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default

After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....
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  #8 (permalink)  
Old 07-15-2010, 09:16 PM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default

Quote:
Originally Posted by redgreen View Post
Why blame USCIS when you classify yourself as EB3!

Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
Don't just post without knowing the facts. See my response I posted.
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  #9 (permalink)  
Old 07-16-2010, 12:16 AM
Junior Member
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:
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:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 2
ONEMOREGCSEEKER can only hope to improve
Default

Thanks RPAT. With this additional clarification I can say that my case is not similar.

In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.

Thanks for your prompt response. Wish you good luck.
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