Wrong Category on 140 approval notice

[kkrishna82]

Hi,

I have got my 140 approval notice couple of months ago. But 140 was approved under EB3 category. My lawyer said, he did request for EB2 only and he is not sure why did it happen. He then immediately sent the 140 ammendment documents requesting for EB2 and it's been almost 4 months and we did not receive the reply on that yet. My employer told me that my labor approval notice looks good and it was approved under EB2 category. So he asked me to not worry about 140 and it will be corrected by USCIS as we already send the ammendment for 140.

Now my questions are:

1. Would USCIS really consider the ammendment to change the EB3 approval to EB2 approval?

2. How long the correction of 140 or ammendment would normally take?

3. Do I have to re initiate the fresh 140 application and request for EB2 again? How long this would take?

4. My H1 and my wife H4 got the REF now. Would any of these impact one another?

5. May I know where I can I find the EB category on my labor approval notice to make sure my employer said correct to me?

I would appreciate if you could help me in answering these. So I can sleep peacefully.

Thanks,

Krishna

[amudhans]

Hi,

I have got my 140 approval notice couple of months ago. But 140 was approved under EB3 category. My lawyer said, he did request for EB2 only and he is not sure why did it happen. He then immediately sent the 140 ammendment documents requesting for EB2 and it's been almost 4 months and we did not receive the reply on that yet. My employer told me that my labor approval notice looks good and it was approved under EB2 category. So he asked me to not worry about 140 and it will be corrected by USCIS as we already send the ammendment for 140.

Now my questions are:

1. Would USCIS really consider the ammendment to change the EB3 approval to EB2 approval?

2. How long the correction of 140 or ammendment would normally take?

3. Do I have to re initiate the fresh 140 application and request for EB2 again? How long this would take?

4. My H1 and my wife H4 got the REF now. Would any of these impact one another?

5. May I know where I can I find the EB category on my labor approval notice to make sure my employer said correct to me?

I would appreciate if you could help me in answering these. So I can sleep peacefully.

Thanks,

Krishna

There is no category in the LC as such. Actually the classification of EB2/EB3 are requested in the I-140 application. However the requirements mentioned in the labor should be eligible to request EB2 or EB3 at the I-140 stage. In my case after 7 years waiting for EB3 i realized that my labor mentioned Bachelors degree plus 5 years experience(I had Bachelors with six years back in 2003) but my company requested EB3. So we requested an amendment in September2010 which took 10 months to adjudicate at TSC. I-140 got approved in June 2011 followed by a FP and GC approval in October 2011.