I 140 denied for 3 years degree in EB2


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Hi friends,

I hold a masters degree from India.I am on L1B. and I applied in EB2 for GC.

My I-140 got denied because of my three year graduation. My present employer appealed in the month of novemebr 2012 and I would like to know how to track the status of appeal.

secondly my employer suggested to file in EB3 and once i-140 gets approve red they will upgrade to EB2 , is that possible?

Thirdly since my i-140 got denied in EB2 can I reapply the same through premium processing?



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Each case is different, an a correct answer depends on the individual facts and requirements of the job offer listed in the PERM. But generally a 3 year Indian Bachelor's degree is not the equivalent of a U.S. bachelor's degree. Some Indian Master's degree can be the equivalent of a US Bachelor's degree, not a US Master's degree. The appeal can be tracked utilizing the receipt number listed on the receipt notice for the appeal. Re-filing in EB- 3 may be permissible, depending on the reasons for denial and the individual facts and circumstances of a case. Typically, a refilled case is filed without the original PERM Labor Certification and petitions without the original PERM Labor Certification cannot be premium processed.

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