I140 denial notice due to labor certificate

[iam_amit]

I need URGENT HELP!!

I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.

My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."

So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).

Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...

Laywers mistake i have to suffer....can I sue my laywer.

[texcan]

I need URGENT HELP!!

I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.

My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."

So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).

Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...

Laywers mistake i have to suffer....can I sue my laywer.

you should be able to refile, in correct category. Ask your lawyer to refile. Donot panic, nothing is lost here ( except some sleep), your PD is still the same.

my lawyer did so too, he ended up making this mistake and carefully hiding from me by refiling another 1-140. The incorrect filing was finally send a NOID and correct one went thru.

donot worry, it will fall in place.
HTH

[roseball]

I need URGENT HELP!!

I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.

My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."

So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).

Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...

Laywers mistake i have to suffer....can I sue my laywer.

The only way you can preserve your PD is to re-file your I-140 in EB-3. You can start a new PERM with BS + 5 yrs and file I-140 again this time in EB-2....After your Eb-2 I-140 is approved and when your Nov 2007 PD is current, you can file I-485 with a copy of EB-3 I-140 approval to port your PD....Thats my opinion...

[iam_amit]

Is it possible to go back and correct PERM to reflect EB-2 eligibility. Are their any provisions like that.