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About balajiy6

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  1. Hi, My PERM got approved and my employer applied for I-140 in premium processing. We received RFE after 1 week asking > If the beneficiary is qualified for the position I have Bachelor degree from India and Lawyer by mistake filed Section H, number 9 of ETA 9089 saying that foreign degree is not acceptable but other sections of H clearly says foreign degree is acceptable. Lawyer responded to RFE saying there was a clerical error in section H.9 which was marked as 'No' and provided respective documentation proving foreign degree. After 2 weeks, we received denial response for I-140 which says though beneficiary has education equivalent to bachelor's degree in Unites States but does not meet minimum requirements of ETA form 9089 section H. Please let me know if appealing could provide positive results. It looks like this error should have been caught during PERM by DOL. As PERM is approved, I-140 was denied showing section H of ETA 9089 form. Can this be treated as mistake by DOL and appealed as Government Error reconsideration? What are the chances that my appeal will be successfull? OR Should I start new labor through new Employer? OR what are the chances of labor and i-140 getting approved through same Employer? Thanks & Regards, Balaji.