B.S India/M.S USA. Company A-Jan 05-May 07.Company B-May 07 till present. PERM -July 08. PERM Approved-July 10. I-140 EB2-Applied Aug 10 and Rejected Jun 27 2011. USCIS position is that the PERM was approved for an EB-3 position (bachelor’s degree plus 2 years of experience) rather than an EB-2 position (requiring either a B.S+5YRS or a M.S Degree). My lawyer thinks USCIS’ decision in wrong.
1. What are my options now?
2. While the appeal is in motion can we use the existing labor and file for premium I-140 under EB-3 (since my 6-year H-1 is expiring this month)?
3. H1B expires in Aug 19th 11. Have recapture time of 4 months. Lawyer has applied for H1B extension based on the approved labor and pending I-140. What happens to this application considering my I 140 is denied now?