bachalaramesh
Registered Users (C)
Hi Gurus
I need your humble suggestion on my case based on which I need to take decision.
I have 3 year degree from India and 11 yrs of Experience in IT Industry.
1. Lawyer firm associated with my Employer has applied my GC application in EB2 category on March 2005 in RIR process.
2. Since this was struck in Back log center. They applied new Labor application in PERM on Mar 2006.
3. My Perm Labor was approved and following to it I-140 was applied. This was approved by USCIS in Dec 2006.
4. On Jan 2007 my RIR got approved. To use the priority of RIR case, My company Lawyer suggested to apply for I-140.
5. This got rejected for some reason which Lawyer firm did not reveal. And following to it , My earlier approved I-140 also got rejected. They informed as USCIS indicated as with my education(3-year degree) , I cannot apply for EB2.
And I am not sure why Lawyer firm has applied in that category and how USCIS has approved that.
Now, my question is ,
a. Can I appeal for Motion - to - Open on this case?
b. Can I convert my case to EB3?
c. Can I start a new GC process with any other company when this is Pending ?
I wish to know as did anyone had the same issue in the past. If so, how did you proceed and were you success in doing Motion to appeal.
I have already paid 2000+$ to the Lawyer firm to do Motion to Open. Beyond this , they are insisting me to pay 1200$ to do Education evaluation. I am not comfortable and wish to get your suggestion on the same.
Thanks for your time.
I need your humble suggestion on my case based on which I need to take decision.
I have 3 year degree from India and 11 yrs of Experience in IT Industry.
1. Lawyer firm associated with my Employer has applied my GC application in EB2 category on March 2005 in RIR process.
2. Since this was struck in Back log center. They applied new Labor application in PERM on Mar 2006.
3. My Perm Labor was approved and following to it I-140 was applied. This was approved by USCIS in Dec 2006.
4. On Jan 2007 my RIR got approved. To use the priority of RIR case, My company Lawyer suggested to apply for I-140.
5. This got rejected for some reason which Lawyer firm did not reveal. And following to it , My earlier approved I-140 also got rejected. They informed as USCIS indicated as with my education(3-year degree) , I cannot apply for EB2.
And I am not sure why Lawyer firm has applied in that category and how USCIS has approved that.
Now, my question is ,
a. Can I appeal for Motion - to - Open on this case?
b. Can I convert my case to EB3?
c. Can I start a new GC process with any other company when this is Pending ?
I wish to know as did anyone had the same issue in the past. If so, how did you proceed and were you success in doing Motion to appeal.
I have already paid 2000+$ to the Lawyer firm to do Motion to Open. Beyond this , they are insisting me to pay 1200$ to do Education evaluation. I am not comfortable and wish to get your suggestion on the same.
Thanks for your time.