I-140 denied, options available


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I need some guidance on how to proceed after I-140 denial from DOL.

My case is as below:

I have completed my 6 years in July 2015 and I moved to India. 

While I was there in USA, my employer has filed my labor in October 2014, but it got approved only in February 2016.


When my employer filed my I-140 in EB2, we got RFE to show equivalency of my education.

I have 3 years Bachelors degree + 3 years's Master's diploma from India, which is considered as Master's in India.

but in US it is considered as only equivalent to Bachelor's (WES evaluation).

The reason for the RFE was to show an advanced degree.

We replied to the RFE but it got denied.


Now what are the options I have ? Please guide me.


1)Is it possible to reapply I-140 with my education as Bachelor's degree(in PERM my degree is shown as Master's, requirement is Bachelor's) ?

2)Is it possible to change the category from EB2 to EB3 ?

3)Is there anyway I can come back to US based on the approved Labor ? I will complete one year outside USA in July 2016.

4)Is there anyway I can continue with the approved labor and get my I-140 approved in EB3 at least ?


Please help.



In PERM the information are as below:


H.(Job Opportunity Information)


4. Minimum education needed : Bachelor's

6. Is experience in the job offered required for the job? Yes

6-A. If Yes, number of months experience required: 60 

7. Is there an alternate field of study that is acceptable? No

8. Is there an alternate combination of education and experience that is acceptable? No

9. Is a foreign educational equivalent acceptable? Yes

10. Is experience in an alternate occupation acceptable? Yes 


J. Alien Information


11. Education: highest level achieved relevant to the requested occupation: Master's



Thank you very much, I will appreciate your help.





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