EB2 - I140 denied because of Job Offer description in certified labor – Please Advice

prasad_g8161

Registered Users (C)
My I140 under EB2 was denied because of following generic statement used in Part 15 of labor certification (Other special requirements of Job offer description)

"XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree"

• I got 4 year bachelor's degree in engineering and 7 years of experience at the time of labor application. EB-2 Labor applied 03/2005 and approved 06/2007.
• I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
• I-140 & I-485 applications for GC were denied on 04/11/2008.
• My current H1-B expires in 05/2008 (7th year extension).
• Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Still, H1-B extension petition is in pending status.


My Lawyer filed a new I140 in EB3 category using the same labor today. I’m going to discuss with my lawyer on 4/28 about appealing the I140 denial decision.

Please advice what kind of details I need to provide to appeal the decision based on my situation.

I really appreciate your help.
 
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