I140 Denied under EB2 and applied new I140 under EB3 on same labor ?

[PSP79]

Hi, My GC was filed under EB2 category. Labor got approved after c learing couple of RFEs in 2011.

My I140 was applied in 2012 and was in initial review for an year. Meanwhile my company name changed and I moved my I140 to premium Processing. It got denied.

My Attorney raised MTR even that was Denied. The case was sent to AAO.

 

My attorney filed I140 again under EB3 for me. Can he retain the same approved labor and apply for I140 under EB3?

 

Iam really confused. I have my MBA from India and when I approached them they said I can be filed under EB2, now after 3 to 4 years I am left with a Denied I140 and reapplied I140 under EB3... My question is can the I140 applied with previous approved labor? Please advise...

[rahul412]

What was the reason for I140 denial??

[PSP79]

Hi Rahul :

 

As per discussion with attorney, summarizing what has happened
 
1. My labor completed and I140 applied, which was in review for around 1 year. This was filed on old company name ABC.
Moved the I140 to premium and that I140 got denied on FEB 2014, reason being old company i.e ABC doesnot exist.
 
2. Immediately an MTR has been filed, for the above said denial
 
3. Ammendment has been applied, stating the company name changed to XYZ, due to which a new Receipt # generated.
This I140 got denied on 3rd APRIL stating the reason that my experience letter is not stating the roles and responsibilities.
 

4.  MTR also got denied,reapplied I140, on new company name under EB3.

 

So can a I140 be reapplied on previous labor ?

 

Indian MBA with almost 5 years of experience in previous company and 4 years of experience in current company doesnt qualify got EB2 ?

[ashuneel]

Indian MBA with almost 5 years of experience in previous company and 4 years of experience in current company doesnt qualify got EB2 ?

 

Do not count current company exerience. Question is that does the job require ( see job posting) MBA + 5 yrs experience to qualify for EB2.

 Almost 5 yrs may not be good enough.

[rahul412]

 

Indian MBA with almost 5 years of experience in previous company and 4 years of experience in current company doesnt qualify got EB2 ?

EB2 or EB3, that will be decided by the job requirements for the GC job.

It looks like your I140  was rejected because of lack of evidence. Didn't your receive any RFE before rejection??