Two I140 applications with the Same employer

for_gc

Registered Users (C)
Hi All,

I need help on the following situation.

I had applied a RIR LC with my current company with PD of Oct 2003 (NY,EB3). While that was pending I got another LC approved with PERM with PD of Nov 2005. For this I applied I140 as well which is pending in an RFE status. (Need proof that I have MS degree).

Now my earlier LC got approved as well. Is it possible to withdraw my current I140 and apply a new one with the NY labour. My lawyer says that since the PERM LC is in EB2 and the other in EB3 this is not easy to go backwards and maybe risky as well.

Also, did anyone had similar experience with the RFE on I140 or having applied two I140's with the same employer ... The RFE seems to be there because I have 5 year MS from India and it is not exactly equivalent to an MS here in the US I think ... My evaluation says that it is equivalanet to Graduate work plus some courses.

Please advise ASAP.

Any help is greatly appreciated.
 
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