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View Full Version : Labor is still valid on I140 RFE ?????


suni123
10-06-2012, 12:31 AM
Dear Attorneys,
I got EB2 I140 RFE saying less experience(5 years) to qualify for EB2, and looks we can't answer this RFE as I don't have 5 years exp.

Note:

My Labor is approved on Sept 2010.

I applied for 7th year H1 extension as normal process, got the receipt but not approved yet.

1).Scenario:-
If I withdraw EB2 I140 application without answering the RFE and apply again EB3 I140 on same labor. Will the same Labor be still valid to apply for EB3 I140.? note that my labor approved date is sept 2010.


2).Scenario:-
IF I reply RFE and suppose if EB2 I140 is rejected saying less exp to qualify for Eb2. Then can i reapply
for Eb3 with denial notice on the same labor for Eb3.? note that my labor approved date is sept 2010.


Please let me know for these two Scenarios.