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How Can I Downgrade from EB-2 to EB-3 and Consequences

6 years ago By Chief Editor

Question details

I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?

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Recording of Free Community Conference Call (Every Other Thursday) , November 29, 2018

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 29 November 2018:

FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence

Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger

10+3.5 years diploma + 3 years BS

15 years ago By Editor

Question details

I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

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Guestbook Entry for Brij, United States

15 years ago By Anonymous (not verified)

Name

Brij

Country

United States

State

Comment

I took consultation with Rajiv Sir twice. In few words, I would say he is excellent in his knowledge and he really reads your case, tries to understand it before he talk to you over the phone. My case is very much complicated ( labor substitution, EB2, concurrent filing, previous comp filed chapter 7, new comp filed another GC with different salary and job duties...etc).

During my first consultation, I asked same set of questions (10 - 15) from both Rajiv Sir and Sheela Murthy but I got all my queries answered with satisfaction and piece of mind only from Rajiv Sir.

During my 2nd consultation, due to dynamic nature of my queries, discussion needed more time than scheduled and Rajiv Sir gave me another slot free of charge to give me right direction before closing discussion thread with him.

Finally, I would say his fees is highest amoung all lawyers I have met but is worth paying as it gives you piece of mind at the end.

EB2 Qualification

15 years ago By Chief Editor

Question details

I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

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When does education become ground for denial - EB-2

15 years ago By Chief Editor

Question details

If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

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Master transcript as degree

15 years ago By Chief Editor

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I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

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EB2 from EB3 qualification

15 years ago By Chief Editor

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I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

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EB1 Extraordinary ability

15 years ago By Editor

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I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

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Guestbook Entry for PM, United States

15 years ago By Anonymous (not verified)

Name

Country

United States

State

Illinois

Comment

I got my GC yesterday. I am still waiting on GC for my wife because there is an RFE on her case.I didn't get the RFE information yet on my wife. This is my case ============ -US Masters Degree - EB2 , Priority Date Nov 2004 - Applied for EAD in Sep 2009. - Received EAD in three weeks and AP in four weeks. - Received GC yesterday after 70 days for my application date. I want to thanks Prerna Mehta for all her efforts. She was very patient, informative and supportive.