EB2 140 denial and re-file EB3 140


raccoon8888

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Hello,

I got EB2 140 denial recently because my labor doesn't meet the requirment of EB2 and I'd like to know if I can re-file EB3 140 with the same labor but my labor has expired already? If so, should I re-file EB3 140 within 30 days appealing time period or have to wait for some time? Is there any requirement for such a case?

Please help and any input would be greatly appreciated!!!

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Your employer's ability to refile the case as EB3 depends on the specific language of the Labor certificaiton and uyour credentials.

It would be wise to consult with a competent immigration attorney who has the opportunity to review all of the relevant information and docuemntation in order to develop a good strategy for you to move forward.

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