I-485 is denied and H1B Spouse issue

[ult]

Hi All,

Today we received rejected I-485,EAD and AP documents from USCIS. It says my dates are not current. Then I looked into my I-140 and checked.

I-140 document should say Advanced degree for EB2. If EB3 it says skilled professional. Even lawyer did not check this and I also totally don't know about this.

I need to wait till monday to check with my lawyer under what catogary he applied my application.

My doubts are:

Can i port from EB3 to EB2. ( I have Master's degree from USA and 7 years of experience)?

What is the general procedure to do this. How long does this take to apply for Labour and I-140 when proting from EB3 to EB2?

Does the PD change if i change from EB3 to EB2. My PD date is Oct-12-2007 which is already current for EB2.?

What will happen if my lawyer applied under EB2 and the USCIS sent the incorrect I-140 document .?

In the meantime My spouse changed the status from H1B to H4 to H1B. unknowlingly went to work for 2 months without the approval H1B document. Since it is from H4 to H1B , they should not work until they get approval H1B. Lawyer said once we applied for I-485 means we are in good shape not need to worry as he applied the AOS under 245(k). In the meantime my spouse employer changed her H1B regular to Premium processing . They got RFE still under process. They did not respond to the RFE yet.

Now my 485 is rejected due to that I-140 is under EB3 not EB2.

Does the spouse need to go out of the country and get stamped on H4 and then enter back to USA? Or can she apply for H4 again?

Thanks in advance.

[Belle]

I think your spouse should wait for the H1 decision.

To switch from EB3 to EB2 you will need to file PERM/I-140 in EB2. The timeframe generally depends on how quick your lawyer is. Some may get it around in 3-5 months. Some will drag it out for years. You will keep your PD.