Hi,

I have filed for labor in june 2007 in Eb2 got approved in the same month and filed for 140 along with 485 in July 2007. I got my 140 and 485 denied in Aug, 08 for applying in the wrong category. I have a 3 year bachelor degree followed by a 1 year diploma. I have education evaluation that equates them to US degree.

As per my company's lawyer advice, I refiled for 140 in EB3 using the same labor in Jan 2009. The denial letter states,
"In petitions for nonimmigrant workers, this service does accept combination of education with experience, however, such allowances for a combination of experience and education or a successin of lesser degrees cannot be made for petitions that are filed for immigrant workers"

I am in 6th year of H1 and what are my options to stay and work.