Guestbook Entry for Sami, United States
Name
Sami
Country
United States
State
Florida
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Guestbook Entry for Neeraj Chaudhry, United States
Name
Neeraj Chaudhry
Country
United States
State
MD
Guestbook Entry for Neeraj Sharma, United States
Name
Neeraj Sharma
Country
United States
State
California
EB2 approval after EB3 on the same labor certification
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
Team Notes
Menka
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PD Can Be Carried Forward Even If Old I-140 Is Revoked (Unless Fraud or Misrepresentation) 5 November 2015
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
5 November 2015: After some flip flops, USCIS has gone back to allowing carry forward of priority dates even if I-140 is revoked by employer - as described in this discussion. So, we are good for now.