Immihelp! Please Help!

[ravip]

My 140 was approved in EB2 even though my lawyer had filed in EB3. This seems to be a mistake on part of INS. The approval states the my case would be sent to NVC further processing. I understand from an earlier response that NVC nor the Consulate would check thru the application for 1-140 to verify EB2 or EB3. NVC forwards documents and Consulate checks original documents.
My wife is pregnent and i would like to avoid travelling to India if it is possible. Under the above curcumstances do you think it is advisable to go for 485. Do you think INS would check my I-140 application and realise their mistake. If you think there is a risk involved with 485 i would like to continue in CP, in which case do i have an option to go for interview at Canada or Mexico because of my wife's pregnency. I would otherwise be allocated to Chennai based on my address. If i do have an option to do it in Canada or Mexico whome do i contact and at what stage?

I would really appreate it if you could respond!

Ravi

[Xkuger]

My opinion

Note that INS/NVC/Consulate each have their jurisdictions and what changes they can make as what they check for etc,etc.

Note that the Jurisdiction of either checking if you qualify for an EB3/EB2 clearly rests with the INS.

Once your file is in the hands of the NVC they do not carry out such validations. Even worse if you need a change they will ship it back ( Did so in my case as they mis classified as Eb3 when I was indeed Eb2).

So I would suggest that you should not have to worry and proceed for CP. If they approved as EB2 that's what you are " Take advantage of it". Note there is nothing explicity that classifies you as EB2/EB3. Its subjectives based on guidlines. Now you have the benefit, I would say don't loose sleep.

Just proceed and don't worry.