I-140 denied due to EB3 LC and EB2 I-140

G

GC Guy

Registered Users (C)
Hi,

Just got the news from lawyers that my I-140 was denied since they filed it in Eb2 category.

My LC was approved in EB3 categeory, I am not sure why my I140 was filed in Eb2.

What are my options now?They say I can apply for re-open or re-file I-140 & I485 again.

What is the best option for me?

Thanks
 
GC Guy,

Sorry to hear that. What is your lawyer take on this? I feel new filing in EB3 will be safe.

Can u please provide other details like I-140 RD, LUD, etc.
 
I think you can refile a new I-140 in EB3 category, parallely you can apply 'motion to reopen' and ask them to change EB2 to EB3. I think few people got this option. Check this forum, you will find it.
 
GCGuy

GC Guy,

one thing, in LC, there is no category like EB2 or EB3. It only depend upon column no 15 , means if Column 15 is BS+5 then you are eligible for EB2 and if it is BS 0-4 then it comes under EB3 so please make sure , what was in column no 15 and other send more detail, like your experience after BS.



Thanks
 
Not sure about what was mentioned in column 15. Hoewver my experience was more than BS +5 years before filing I-140.

If anyone can tell me , In case I file re-open and if they reject again what are my chances to reapply?

I got to decide if I should apply for re-open or completely re-file I-140? what will be less time consuming?
 
"Hoewver my experience was more than BS +5 years before filing I-140"
This does not matter unfortunately. You have to look at ur experience level at the time when labor was filed. Your attorney did not do a good job :-(
Please give ur LUD updates on I-140 and I-485.
 
GC Guy

INS is very particular about Labor & experience, If your Column no 15 in ETA750 is BS +0-4 then don't take risk, re-file it or if ETA 750 is BS+5 and you also have more experience & qualification so you can request for re-consider. CHeck with Unitednation. He has very good information about these categories.


Thanks
 
My experience was more than 5+ years before I filed my LC.

My LUD were for I485 & I140 are 10/27,11/3,11/4,11/15
I-140 RD 19th Feb-04
I-485 RD 3rd Mar-04
 
I think your experience with the sponsoring employer will not be considered at all,

What I mean is, if you have filed one year after joining your sponsoring employer, I think you will not be able to add this one year to your experience.

Please check with other gurus....
 
Can we file MTR + Re-Filing at the same time? or in Sequence?

My lawyer says we can either for MTR or Re-filing, not both, is that true?

Thanks,
 
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