Approved I140-Intent to Dismiss and RFE(AAO process)

[srinivasi]

Murthy/BELLE/JOEF/Experts,

Please guide me. My company lawyer filled ETA Form9089 incorrect about my Experience as NIL. My lawyer felt to avoid more queries, He only mentioned my Master's(2yrs) + BSc (3yrs) and prior experience as NIL. Hence, my approved I140 got RFE/Intent to Revoke.I have filed new labor and I140 which got Approved but with a new PD. I wanted to retain the old PD. So, my lawyer filed the law suite on old I140 which went to AAO and received 3rd RFE stating, In Part H filled as "NO" for all the alternative experience and education requirement is acceptable. Although, ETA form filled incorrect, The job requirement Ad states that applicant with Master in Computer Sceince Or BS + 5yrs experience is acceptable.

My straight question is , Can we ask AAO, to consider my experience meets as stated in the job requirement although the ETA form9089 was filled incorrectly about the experience ??

Please advice at earliest, coz RFE deadline is 30 more days.

Thanks and Regards,

Srinivas.

[Attorney_20]

As a general rule, the PERM application must accurately state the actual minimum requirements for the green card position. In order for the beneficiary to qualify for the proffered position, s/he would have to demonstrate s/he meets the minimum requirements as stated on the ETA 9089 Form at the time of filing. If the I-140 petition is revoked for cause, the beneficiary would not be able to retain the earlier priority date for a subsequent case.

[Attorney_15]

The argument that might be available at the AAO is that even though the LC only states a Master's Degree, the law defines a BS plus 5 years as an alternative. The fact of an advertisement with such requirements might help such an argument. However, presenting such an argument to the AAO requires careful preparation and review and consideration of ALL of the evidence from the Labor Certification case including recruitment results.

One should most definitely consult with an experienced immigration attorney before proceeding with such a strategy in order to have specific legal advice.