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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10774
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I have an approved PERM category, however, my lawyer made

Customer Question

Hi:I have an approved PERM for EB2 category, however, my lawyer made errors on the dates on the experience letter. The lawyer took 5+ years of experience from all my previous employers when in fact I have 5+ years of experience inclusive of my employment at the company filing my green card application. We fixed this mistake when filing the I140 but as expected received an RFE. Another thing to note is that my job title at the company filing my Green Card is not 51% different from that of the previous employer, which I believe is a cause. So, I qualify for EB3 and not EB2.My questions are as follows:- Can I file for another I140 in the EB3 category using the same PERM and explaining the errors on the dates?- Or would I need to redo my PERM in EB3 category?- Would filing for an EB3 I140 concurrent to the response to the I140 RFE cause any issues?- What are my options to avoid applying for another PERM and fixing this in the I140 stage?Thank you.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Expert James replied 4 months ago.
Thank you for using just answer. I am James, and I will be assisting you. Please allow me some time to review and consider your questions, and prepare a response. Yours is a complicated scenario; it will take some time. Thank you for your patience as I do so.
Customer: replied 4 months ago.
Okay. Looking forward to your response. Thank you.
Expert:  Expert James replied 4 months ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: First, it is important to note that it is not the job titles that has to be 51% different; it is the duties and responsibilities.

It is possible to change from EB2 to EB3 category. However, the actual process can be complicated. You should have an attorney assist you. First, make sure you qualify. I cannot tell you if you do or do not; that is your attorney's job.

Make sure not to revoke or withdraw the original I-140. In your cover letter, explain that you submitting a subsequent I-140 petition in accordance with 8 CFR §204.5(e). Make sure to indicate that you are seeking EB3 and explain that your original PERM labor certification is not attached as it was filed with a previous I-140 petition. Include the PERM labor certification number in the appropriate space on the I-140 and indicate in the appropriate space on the I-140 that the original PERM labor certification was previously filed. Make sure to include the previous I-140 receipt number in an attached explanation. Then include all of the evidence of your qualifications as you would any other I-140 and documentation of the employer’s ability to pay the prevailing wage. Note the priority date from the original PERM labor certification.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Expert:  Expert James replied 4 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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