RFE to change the preference classification EB3 to EB2
My original labor was for advanced degree (EB2). However, NSC had denied my case earlier due to education equivalence. So, I applied for both EB2 and EB3 at TSC (July 2007).
I got a RFE document from my attorney for the EB3 as follows, wondering if anyone was in a similar situation and was able to get an approval.
Request for Evidence is as follows:
This office is unable to complete the process of your petition without further information. Please read and comply with the request below.
This petition to classify the beneficiary as a third preference alien under section 203(b)(3)(A)(ii) of the Immigration and Nationality act does not appear approvable because ETA-9089 requires an advanced degree (second preference). If you wish to change the requested preference classification, please place X next to sentense below. Also include the new preference number and classification that you are seeking, and sign where indicated.
_I request my petition to be adjudicated as a ___________________preference petition under section __________________
Gurus, anyone who has successfully come out of this situation please help.
Note: My EB2 is still pending at TSC so according to my lawyer; requesting a EB2 would conflict with the other EB2 that is filed using the same labor.
Was the certified labor your own? If so, DOL/PERM approval of the labor certification corroborates your qualification to the education/degree requirement.
Yes, it is my own labor cert.
I have 1 year MSc degree from the US and 3 year BSc degree from India. We got the education evaluated after NSC rejected my I-140. The MSc was shown to be equal to US MSc by Trustforte.
I want keep tab on your denail also before giving any ideas to change classification. So Please let me know following.
1) what is the exact edu requirement of job from H section of Labor
2) did u file 2 different sets of 485 with eb2 and eb3 in TSC
Yes, it is my own labor cert.
I have 1 year MSc degree from the US and 3 year BSc degree from India. We got the education evaluated after NSC rejected my I-140. The MSc was shown to be equal to US MSc by Trustforte.