Attorney error - EB2 Rejected, now in EB3


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Requesting experts to provide their thoughts on my case:


I hold an MBA (from India) with 15 years of progressive experience. I have an approved I-140 under EB3 with PD in 2011.


My employer had filed for EB2 in 2010 and the same was rejected, because of what the attorney had mentioned in the ETA form. After mentioning that the minimum requirements for the job will be MBA + 2 years of experience, alternative requirements as Bachelor + 5 years experience, they had also mentioned in the 'Other Comments' that the position could be filled with anyone without experience and that they can be trained. USCIS promptly rejected saying that the position does not require EB2, though the beneficiary (me) qualifies for it. Since my H1 was nearing expiry at that time, I was okay with getting my I-140 processed under EB3 and it was approved.


I have been wanting to talk to my employer to port my I-140 to EB2, but wanted to see what the experts opine on my case.


Sincerely appreciate your time and effort.




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