Regd. my EB2 I-140 denied..need help, but i have EB3 I-140 approved with priority date Jan 16,2009

[cornell]

Hi,

I am working in a us based software consulting company from Jan 2007 on H1B (before that i have 5.5 years of experience, in total currently 11 years experice with BE (Electrical and Electronics Engineering) degree). In Jan 2009 my EB3 labor is approved and corresponding I-140 is also approved.

From the same employer, In Jun-2011 again EB2 labor is filed and approved but corresponding I-140 got denied now. EB2 I-140 was applied in premium processing, got an RFE and then now denied.

I was hoping that with EB3 to EB2 porting, i can get EAD as current priority date is 1-Jan-2010, but got I-140 denial

Please look in to this and advise what options i have to proceed and to get EAD.

Thank you!

[inviteyour]

Hi Cornell,

At this point, you can get EAD based on EB2 category only. Can you please tell me why they denied your I-140 application even though your labor was approved for the same position?. Usually USCIS will decide the category (EB2 or EB3) in I-140 stage only. So labor approval will not gaurantee EB2 category. Please let me know.

Regards,

Raj

[schintala]

Sorry on your I140 denial. What was reason for denial? You can refile I140 again or appeal the USCIS decision. In either case you need I140 approval to file I485.

[cornell]

Hi All, Thanks for providing inputs...

I was told by my attorney that "the job does not require advance degree" is the reason for I-140 denial. I was told by my attorney that for the same job description same company another person I-140 was approved earlier. And so my attorney wants to appeal on behalf of the company, but i am not sure if it may be a long wait upto 2 years, please advise regarding the appeal and what happens in that case.