View Full Version : Eb2 I140 RFE unanswered.. Reapply as Eb3 I140

10-03-2012, 06:27 PM
Dear Experts,

I got EB2 I140 RFE becuase of less experince(5 years), and looks we cann't answer this RFE as I don't have 5 years exp. I have 2 months to answer this RFE.

My Labor is approved on Sept 2010.

1).Can I reapply I140 for EB3 on same labor, without answering the Eb2 I140 RFE.?

2). If answer for 1st Question is Yes, then do I need to apply Eb3 I140 as premium or normal.?

becuase if we don't answer Eb2 RFE and apply as Eb3 then Eb2 may be abended.. will that effect the labor that cause Eb2 i140 effected.

Please advise.



10-04-2012, 12:19 PM
Could you please help me on my above question.

10-04-2012, 12:57 PM
The labor has a validity of 6 months. So it does not look possible to use the same labor for a EB3. However, I have read some attorney stories where , based on how the labor is worded, they request USCIS to convert the 140 to EB3. Please explore that option

10-04-2012, 01:44 PM
Thanks for your reply.
If any one faced same situation please share.