I140 Denied

[chatax]

I have 3 year bachelors and 2 yr masters from India and 10yrs of experience, There is a gap of 7 yrs between my bachelors and masters During that time was working, I completed my Masters in 2008 . My company filed my PERM last year, I got my PERM approved but for I140 i got denial , USCIS didn't accept my education as masters, Job requirements in PERM were Masters + 3yrs or bachelors + 5 yrs. . When i came on H1 evaluation company evaluated my education as US Masters, My attorney used the same evaluation letter to file my PERM and I140. I went back to evaluation company and they said they can't evaluation my education as Masters now but they can evaluated it as Bachelors, 


My company's attorney has filed a second I140 as Eb3 with Bachelors and 5 yrs experience, I gained 2 yrs experience when i was doing my Masters, Will USCIS accept this? 

My question is I don't fit in EB2 category because i don't have Bachelors and 5 yrs progressive experience, Do you think my new I140 in EB3 category will get approved? Technically i have Bachelors and 5 yrs of experience and PERM doesn't say anything about job experience during or before Bachelors. Do you think i should talk to my HR and ask them to file a new PERM. Please help!!

[JoeF]

The EB2 case was denied because the requirements weren't EB2.

For EB2, the job requirement has to be (Masters or Bachelor + 5 years) + x years. In other words, Bachelor+5 is equal to Masters. But in your PERM, it was (Masters or Bachelor + 2 years) + 3 years. That means the minimum is less than a Masters, so it is EB3.

Experience before or during getting the Bachelor degree does not count, experience after getting the Bachelor does count for Bachelor + x.

 

[chatax]

Well my other colleagues got EB2 with the same job requirements, Question Job experience during Bachelor doesn't count in EB3 as well?