Refile I-140 using same labor

[rashku]

My case.

Labor certification has following details:

H.4 min.req-"Bachelors", H.8 alter combination-"No". H.14-Will accept single degree or any combination of degrees, diplomas or professional credentials determined to be equivalent by a reliable evaluation service as equivalent of a Bachelor's degree.Will accept functional equivalent Bachelor's degree by taking into account and reasonable combination of education,training and experience for the position offered.Will accept any single source degree or combination of degree(s).Will accept 3 or 4 year degree or diploma as equivalent to a U.S. Bachelor's degree.

My qual - 12 + 3 yrs dip + AMIE + 6mths post grad dip.

I140 opted EB3-Professional got denied reason - does not have bachelor's degree. Applied new I140, same labor, opted EB3-Skilled worker.

Will it be approved based upon the above labor choices and H.14 (specific skills or other requirements) language?

[Hope77]

Hi Rakshu,

Do you have any updates ?, I may be in same boat, did you apply in skilled category ?.

[Joe.F]

You know that an I-140 can be filed only up to 180 days after LC approval, do you?

[rashku]

@ hope77

what exactly is your case?

my 140 is in normal processing so 6-7 months wait time...

@JoeF

I filed 2nd 140 before the expiration of the LC

[rashku]

Originally posted by JoeF:

You know that an I-140 can be filed only up to 180 days after LC approval, do you?

Yes, first I-140 has to be applied up to 180 days. In case, you are re-applying using same labor, you can apply even after 180 days. In my case, the second I-140 too was applied within 180 days.

[Attorney_15]

If an original Labor Certification is timely filed with USCIS in the I-140 petition, then one is generally allowed by USCIS to re-file an I-140 petition (even in a different category) more than 180 days after the LC was certified by the Department of Labor.

[rashku]

@ Murthy Law Firm Attorney 15

Can you also reply to original question about the chances of 2nd 140 getting approved?

Thanks

[sunil030210]

Originally posted by JoeF:

You know that an I-140 can be filed only up to 180 days after LC approval, do you?

Attorney's reply was just a slap on your face,again. Will you refrain from giving ill-informed answers to the posters at least from now on?

[This message was edited by Admin on July 28, 2011 at 06:26 PM.]

[rashku]

Guys .. lets not deviate from my problem. Will anyone (and from Murthy's office too) discuss about the originally posted question? - Thank you.