I-140 Denied with EB2, Refiled with EB-3. Got Full time opportunity at this time

[sivak83]

Current Employer ABC filed PERM( Approved) and Applied in I-140 in EB2 category. Got denied

Reason: I have 10 years experience totally. But I had 3 years Bachelors (2003) and 2 yrs Master (2009). USIS considered my experience from 2009 to till I join Current company. By the time I joined current company I had 4 yrs 6 months.

 

Now Employer filed for I-140 in EB3 (new application) in premium Processing. But Lawyer told When we refil I-140, USIS will not accept PP for refil application , this will go to regular processing. Is this true?

 

At this point, I got full time opportunity with company XYX who is ready to sponsor GC also in EB2.  Company XYX is good company who will offer full time for Visa dependents very very rare.I still have 3 yrs H1B Valid Visa ( Till Mar 2018)

 

I need advise on whether to take full time opportunity or not.

 

1. USIS will not accept PP for refile I-140 applications?

2. As Current Employer ABC filed I-140 in EB3, If I join new employer XYX at this time and Do I need to wait till I get I-140 approval from previous employer or New employer can go ahead start PERM process. By the time PERM approves with XYX. I can port PD from previous employer ABC to current employer XYX while filing for I-140 with new employer.Is this doable?

3. Any suggestions how should I proceed in this scenario

[Attorney_15]

USCIS only accepts I-140 petitions in premium processing if they are filed with the original LC. So re-filings don't qualify. After 4 months, USCIS will consider a PPS request but they have 100% power to reject it. Only once the I140 is approved is there a priority date that can transfer to another I140 but a new employer can generally start a PERM and I-140 while all that other stuff is going on.

[Victim2011]

Attorney.

 

For EB2, MS with 24 months experience, Does USCIS consider experience gained after MS only or Can I show the experience gained before MS  ie after BE? Please clarify.

 

Thanks,

[livliv]

If the job requires a Masters degree it is already EB2 irrespective of the experience requirement. If experience requirement is progressive, it must be gained after obtaining the Masters degree.

[Victim2011]

Thank you livliv.

 

I want to understand this:

 

How do I identify if the experience requirement is progressive. Does it have to be mentioned in the Jod Advertisement? Is there any option in the perm that determines this.

[livliv]

It is progressive by default. Didn't the attorney who filed the PERM/started the job postings check to see if you have the necessary experience?

[sivak83]

@India2015

As USIS consider experience after master only. From the month of master till I join my current employer I had 4 yr 6 months. I got RFE to provided additional experience to consider for EB2 category. They didn't consider my total experience which is 10 yrs.

 

I got Bachelors (3 Yrs) + Masters (2 yrs) in India, USIS consider this as Bachelors degree as per Database

 

Now Employer re-filed in EB3 Category which went in regular processing. 

[chatax]

Sivak83

 

what happened to your case? Did you get EB3 approved? My case is similar as yours.