My PERM was approved on Feb 8th 2018.Subsequently my I 140 got recently filed in which my attorney asked for both EB 2 and EB 3 categories since I have a 3 years bachelors from India.
USCIS has denied the petition stating that since both the categories have been requested- specifically EB 3 with 84 months experience with no education required, therefore this position does not qualify as a specialty position.The position was that of a Senior Business Analyst.
My attorneys are debating whether to file an appeal or refile. My attorney also mentioned that if they refile, they cannot do it in premium and I am confused why this is so ?
I have no time left on the H1 B and have exhausted 6 years and am currently on COS for H4.
My question is that if I find another employer or a full time job wherein they are ready to sponsor my h1B, will they be able to pick up my approved PERM and file an I 140 and an extension ? Or will they have to refile the PERM ?
Also, my attorney has mentioned that if they refile a new I 140 with the same PERM, they cannot do this in premium. Does that mean I will have to wait months before my I 140 gets approved ? Will this be the case even if some other company files for my I 140 ?
Any input appreciated.
USCIS has denied the petition stating that since both the categories have been requested- specifically EB 3 with 84 months experience with no education required, therefore this position does not qualify as a specialty position.The position was that of a Senior Business Analyst.
My attorneys are debating whether to file an appeal or refile. My attorney also mentioned that if they refile, they cannot do it in premium and I am confused why this is so ?
I have no time left on the H1 B and have exhausted 6 years and am currently on COS for H4.
My question is that if I find another employer or a full time job wherein they are ready to sponsor my h1B, will they be able to pick up my approved PERM and file an I 140 and an extension ? Or will they have to refile the PERM ?
Also, my attorney has mentioned that if they refile a new I 140 with the same PERM, they cannot do this in premium. Does that mean I will have to wait months before my I 140 gets approved ? Will this be the case even if some other company files for my I 140 ?
Any input appreciated.
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