Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

I 140 Denied in EB 2, Can it be refiled in premium under EB 3 - same PERM ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I 140 Denied in EB 2, Can it be refiled in premium under EB 3 - same PERM ?

    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.

  • #2
    Originally posted by mahajar29 View Post
    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.


    Your attorney is a big lier.
    Go to USCIS website. It clearly mentioned that, at the time of submitting I-140, if you have submitted the original labor, then you can file for Premium processing. If your previous I-140 has been denied or withdrawn, then request USCIS to send you back the original labor. Then you can submit your second I-140 with PP.

    Even if you don't request for a withdrawing the original labor, you can still file PP, since USCIS already has the original labor. In USCIS website it clearly mentioned that, if the original labor has not been submitted during the submission of I-140, then USCIS need to request labor department to re-send another original labor approval form. And therefore they don' accept PP for that I-140.

    My I-140(PP) received intend to deny notice due to same mistake of choosing category EB2/EB3. Then my attorney submitted a 2nd I-140(with PP again), which is called the amendment of first I-140, where he mentioned in the last page that, the original labor is with the first I-140. And USCIS accepted 2nd I-140 as PP and I can see the status in online and I have the receipt notice of PP. But the worst part is that I have been waiting for the approval for last 2 months. Still no update, even my 2nd I-140 is PP. But the good thing is that I already received my EAD and AP.

    Now for a different employer, i don't believe you can use the same labor. I am not 100% sure, but probable you have to file another labor for a different employer.
    Last edited by Salehsultan; 06-18-2018, 12:30 PM.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X