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請教一下8老師，我這個問題有點複雜，問了律師也沒有給我一個肯定的答複，所以請8老師解惑，

1. My EB2 I140 was approved in 2019, PD: 2/2019

EB3 was faster in 2021 so I filed an EB3 downgrade in 07/2021

 

2. In 01.2022, my EB2 became current and I filed my I-485 with my approved EB2. However, in the Supplement J , my atterney put my pending EB3 receipt number by mistake. (form I485 has the correct EB2 receipt#)

 

3. After I pointed out the mistake, my atterney filed a Supplement J amendment to correct the mistake. However, in the cover letter, it says I request to relink my I485 to EB2 from EB3. But my original I-485 was correctly filed with EB2 I-140, and the only thing needs to be changed is the I140 receipt number on the supplement J (The re-link request does update the Supplement J as well) . I don't know if my atterney's new letter will confuse the USCIS officer even more...

-It should not result in a problem.

 

4. Now, I got a RFE for my I-140 EB3 Downgrade (04/2022). However, I don't need this EB3 anymore, and won't use it in the future as well because EB2 is current and I have filed my I-485 with my approved EB2.

 

 

My questions are,

1. Should I just withdraw this EB3 I-140 downgrade to avoid further confusion?

-Fine. But if the RFE is not difficult to respond, then just respond to the RFE. 

 

2. Does withdrawing EB3 under a RFE affect my approved EB2 and my I-485?

-It should not. If your I-485 mistakenly denied, you still can file motion to reopen/reconsideration later. So, not need to worry about it.

 

3. Should I write a letter myself to USCIS again to correct the mistake on my supplement J?

-No. It needs to be done by your employer, but I don't think this will be a problem. As long as you still work for the same employer (I-140 sponsor), you will be fine. Supplement J is just used to verify your employment for the I-140 sponsor, no matter whether it is for EB2 or EB3.

所有跟帖： 

• 謝謝8老師的回複，非常清楚。那我就老老實實的回複EB3的 RFE吧 -小紫- ♀ (0 bytes) () 05/09/2022 postreply 23:43:55