I-140 status: Intend to deny your case ** IMPORTANT **

[Saleh Ahmed]

My I-140 status show this below message - 

"Read the notice we mailed you for details and instructions on how to respond to our request 
You must respond with your documents by the due date listed in thenotice. 
If you do not respond, we may deny your case." 

My employer made a mistake that in my I-140 first page. He selected EB-2(advanced Skill) category, which it should be EB-3(Skilled Experience) category. In the notice Fax, it clearly mentioned that my employer made this mistake. Now they are asking for these below 2 documents within 30 days - 

 

"1. Evidence to show that the minimum requirements of Form ETA 9089 are an advanced degree or the equivalent of an advanced degree, that is, a baccalaureate degree or five years of progressive experience in the specialty. 
2. Evidence that the beneficiary has an advanced degree or has the equivalent of an advanced degree(a baccalaureate degree and five years of progressive experience in the specialty). "
 

Is there any way, we can apology to USCIS for my employer mistake and resubmit just the I-140 form only?
Will USCIS accept this? or I have to refile the hole I-140 again? Please advice.

Note: I submitted my I-140 and I-485 concurrently with Premium Processing.

 

[Saleh Ahmed]

Just now, Saleh Ahmed said:

My I-140 status show this below message - 

"Read the notice we mailed you for details and instructions on how to respond to our request 
You must respond with your documents by the due date listed in thenotice. 
If you do not respond, we may deny your case." 

My employer made a mistake that in my I-140 first page. He selected EB-2(advanced Skill) category, which it should be EB-3(Skilled Experience) category. In the notice Fax, it clearly mentioned that my employer made this mistake. Now they are asking for these below 2 documents within 30 days - 

 

"1. Evidence to show that the minimum requirements of Form ETA 9089 are an advanced degree or the equivalent of an advanced degree, that is, a baccalaureate degree or five years of progressive experience in the specialty. 
2. Evidence that the beneficiary has an advanced degree or has the equivalent of an advanced degree(a baccalaureate degree and five years of progressive experience in the specialty). "
 

Is there any way, we can apology to USCIS for my employer mistake and resubmit just the I-140 form only?
Will USCIS accept this? or I have to refile the hole I-140 again? Please advice.

Note: I submitted my I-140 and I-485 concurrently with Premium Processing.

 

I-140, Intent To Deny, NOID