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Posted on 25 Oct 2011
Q.

I-140 Denial and refile

My H1-B visa is ending Dec 23rd 2011. My company filed PERM (EB3) on March 30th 2011, and got approved on May 23rd 2011.

I-140 was filed on July 20th and RFE was issued on August 9th. The reply was sent and now it has been denied on Oct 24th 2011. I don't have the exact reason for the RFE and the denial.

1) Am I eligible to re-apply fresh I -140 application under EB3? - As on my PERM it says my Certification is valid from 05/20/2011 to 11/16/2011, if yes, should I apply it before 11/16/2011

2) Based on my 3 year Bachelor’s degree and 2 year Masters in commerce both degrees from India, and have 8 years of experience in IT - should I apply as a Skilled worker instead of a Professional. The attorneys chose Professional when filed my I-140 July 2011. The advt was for 2 years exp.

User's Location: College Park, Maryland, United States of America
Category: Employment-based Green Card
Posted on 25 Oct 2011
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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