PERM approved but I-140 Denied. Filed 2nd I-140 with new Evaluation and in Skilled Worker category


Recommended Posts

I need expert advise on my current situation. I am having 3 Years Bachelor degree from India and have more than 16 years experience in IT. PERM filed with minimum requirement as Bachelor and 2 years experience required for the postion. In Section H of ETA 9089 form, Q4 Attorney mentioned that minimum qualification required is Bachelor degree but in Q8 - Alterate Education he mentioned NO. But in Q14 it mentioned that position will accept alternate education as per credential evaluation. My PERM was approved and Attorney filed I-140 with old credential evaluation done in 2005 for my H1-B approval and under Professional category. He filed it in PP as my H1B max out date is in end of July 2014. I got an RFE stating that "beneficiary does not met the qualification requirement for the position" and later Denial.


Attorney mentioned that they made a mistake to put the application in Professional category. He wants to refile I-140 with a new/strong Credential Evaluation and in Skilled Worker Category. Attorney already submitted it in PP but I am not sure if it will get Approval or again receive RFE.


Could someone from their experience can advise on this.

Link to comment
  • 4 weeks later...


This topic is now archived and is closed to further replies.