I-140 Denied in end of 6th year


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I have 3 year Bachelor degree(BCom) and 3 year diploma in computers from India and 10+ years of experience. My employer file my I-140 in EB3 in premium process. Got the RFP questioning education requirement on labor certificate. In Labor it stated that position required Bachelor degree + 60 months of experience or Any combination of education/experience/training.


My attorney re-evaluated the education and submitted the response – after a week we got the decision “Denied” :(


I got one year extension based on Labor (Currently i’m end of 6th year)


Here my question…

1. What are the options I have? I know we can Appeal or MTR – but the chance of approval is very less!

2. Can I do any part time education here in US while working to get a US equivalent bachelor degree?

3. Apply for a new labor/I-140 ? while in 7th year?


Any other options?


Thank you in advance your suggestion.

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It would be wise to consult with an attorney who has the opportunity to review all of your information and documentation to make a recommendation.  However, please note that if you previously obtained a 1 year extension based on your LC, you should be able to obtain additional 1 year extensions if your employer elects to file an appeal of that I-140 denial. 

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