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Posted on 10 Jun 2010
Q.

I-140 Amendment

PD: Dec2004
LC req: Masters+2Yrs.
Initial I-140 EB2 denied based on A2P. Re-filed I-140, got approval under EB3. In order to rectify the category again filed I-140 under EB2 keeping the EB3 approval. Again got denied saying that company not capable of paying for all the petitions filed. Company financially good to pay me, but in my case they are asking the ability to pay for all the petitions filed during 2005 when I was not an employee.
a)Is it advisable to file amendment to get EB3 to EB2? or service request? or file another I-140 under EB2 PP?
b)Is there a chance of revisiting the approved EB3 140 and deny it on A2P basis as they did for EB2?
c)Is it better to start all new PERM/140?
AddInfo http://www.lawbench.com/employment-based-green-...

User's Location: edison, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 10 Jun 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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