amitjoey
07-18 03:48 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
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kaisersose
04-30 03:39 PM
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
gova123
08-02 05:41 PM
Bumping ^^^^^^^^^^^^^^
2011 LUGARES TURISTICOS EN ECUADOR
JulyFiler
08-20 07:56 PM
Yes, CA DMV takes quite a while to get clearance from DHS to validate your legal stay before they issue you DL.
more...
Pallavi79
09-14 01:20 AM
stop fighting just for yourself. fight for the community and get your GC on the way.
inspectorfox
07-19 05:02 PM
http://www.imminfo.com/resources/cissop.html
Does anyone have the SOP for I-140?
Does anyone have the SOP for I-140?
more...
mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
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Blessing&Lifeisbeautiful
07-24 04:11 PM
Calling all Schedule A professionals? Anyone concurrently filing this July?
more...
diptam
09-01 06:46 PM
Unless economy is good those creations wont fly through. GC is a bif illusion :)
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Openarms
03-13 04:43 PM
Can IV admin add new column for case approved/waiting on the header of each members profiles. I wonder why they did not put it.. is there any reason??
more...
TomPlate
07-05 02:14 PM
All can file I-485 now. please go through this link.
http://www.murthy.com
http://www.murthy.com
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sandy2575
08-11 07:30 PM
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
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gemini23
08-02 03:44 PM
awesome kondo. This gives me good and warm feeling. that they are working hard.
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UKannan
03-03 04:37 PM
Everyone feel like giving up but none of us give up :)
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vdlrao
06-10 12:48 PM
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
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Libra
09-11 10:24 AM
sunderpn, vaccine and amit1234 thank you guys for your contributions. hope you guys can make it to rally.
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indyanguy
09-25 08:15 PM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
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ak_2006
05-22 12:01 PM
Friends...
Contribute to the nobel cause.
Help IV and IV Helps you.
Contribute to the nobel cause.
Help IV and IV Helps you.
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Sachin_Stock
08-23 10:09 AM
Those who initiated the panic attack, I want them to explain what so frightening about this memo!? Please put forth your points.
gbof
03-05 07:08 PM
While EAD filed during June/July 08 for Primary & Dependant got approved with 2-year validity. But, dependant daughter's EAD filed in Jan09 was approved last week with 1-year validity. Does it mean with PD of 10/05 AOS approval is coming in months? Any Thoughts?
sathweb
03-04 04:59 PM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
This is what I think is happening.
USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
It is not pre adjudication process. It is aggressive denials.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
This is what I think is happening.
USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
It is not pre adjudication process. It is aggressive denials.
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