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I 140 Denied

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  • I 140 Denied

    Hello All,

    I am in my H1B 3r year and my employer has filed my I 140 in May and I waited for 5 months and USCIS issued me straight Denial.I have filed in EB2 and I have Master Degree from USA.

    My attorney said that USCIS is claiming that the position does not require Masters and hence denied. However my attorney is saying that the decision is erroneous and he feels that that once determination is made by the Department of Labor regarding the education requirements, USCIS cannot disagree . He is recommending to file an appeal and he said there is also option to Refile in EB3 .

    The requirement used in the perm was Masters Degree plus 0 yr exp or BS with three year exp.

    I am confused want to know which way I should adopt Is it better to listen to attorney and appeal or ask him refile in EB3?

    Is there any body in similar situation ?

    Thanks in advance.