请教8老师关于 EB2 降级EB3 被RFE,但485申请用的是EB2 的问题

本帖于 2022-05-05 10:06:41 时间, 由普通用户 小紫 编辑

请教一下8老师,我这个问题有点复杂,问了律师也没有给我一个肯定的答复,所以请8老师解惑,

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...
 
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?
 
2. Does withdrawing EB3 under a RFE affect my approved EB2 and my I-485?
 
3. Should I write a letter myself to USCIS again to correct the mistake on my supplement J?
 
我这个情况实在有些特殊,多谢8老师解惑,万分感谢!

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Reply -863211- 给 863211 发送悄悄话 863211 的博客首页 (5216 bytes) () 05/05/2022 postreply 19:59:56

谢谢8老师的回复,非常清楚。那我就老老实实的回复EB3的 RFE吧 -小紫- 给 小紫 发送悄悄话 (0 bytes) () 05/09/2022 postreply 23:43:55

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