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140 in NOID status, chances of approval

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My employer filed 140 in EB2 category on Feb 2016.

1.Received RFE in June 2016 for US masters equivalency and ability to pay

2.Employer responded to RFE on time from Equivalency certificates from ***************

3.Received NOID in Sep 2016, now employer is not letting me know what the Notice.

4. I have 10+2+3+3 ( B.sc +MCA) completed in India and 5 yrs experience outside US( for the same employer), had equivalent 8 years of experience at the time of PERM filing.

5.My H1 max out is May 2018.

What are my options

a. Once my employer responds to NOID, what are the chances of getting approved and how early USCIS will respond.

b.If my 140 gets denied, can my same employer file 140 in EB3 category using the same approved PERM?

c.If option b is not possible, my employer can my same employer start Labour process again under EB3 category?

d. Would it be problem if same employer files Labour under EB3 category( when EB2 gets denied)?

e.If i move to new employer without having 140 at this point of time, what would be my risk and benefits of getting 140 approved before my H1 Max out period. My new employer won't be able to start GC process before 3 months from date of join.

f.In case if my current employer starts new PERM under EB3, how long does it take to 140 approved before my max 


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First off, school doesn't matter for the GC, college matters.

Second, with a 3-year bachelor, EB2 is pretty much impossible.

Third, for an EB3 case, the LC has to be for a different job that doesn't require a Masters. So, a new LC for a different job would have to be filed.

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EB2 based on BS degree equivalent plus 5 years experience. Alternatively EB2  qualification includes a position requiring a US bachelors degree or its foreign equivalent and five years progressive experience.

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