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My EB2 I140 got denied in 2008 for 3 years degree and our appeal in process to consider 3+2 plus 5 years post Masters experience. If this doesn't get approved, will it be possible to refile this EB2 labor in EB3 Category. Thanks for your inputs

My PERM I140(filed in Jul07) has been withdrawn to file new RIR I140(filed in Nov 07). However, my RIR I140 got denied and now in appeal process Both from same employer Can my Employer Refile I140 (that has been withdrawn) in EB2 based on 2006 PERM labor Thanks for your kind inputs