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 and later denied.
I spoke to company’s attorneys, the denial notice for I-140 says “Skilled” should be selected instead of “Professional” .The earlier attorney who filed PERM, advtsed in some newspaper stating 2 years experience is needed and in some they have added bachelor’s degree with 2 years, that is why the current attorney opted “PROFESSIONAL”
The attorney say that I cannot refile in “PREMIUM” because the original PERM document (Blue Paper) is with USCIS which was sent along with the original I-140 which was denied.
Please let me know without the original PERM (Blue Paper) can we still file it on Premium?