Re-Filing I-140 using the same labor

[SunnySide]

Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.

[roseball]

Originally Posted by SunnySide

Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.

Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?

[SunnySide]

requirements on labor was Bachelors Degree with 5 years of experience.
Single source Bachelors degree was the reason for denial.

[Life2Live]

Me too on same boat. I think we can post this on lawyer's forum too.

[SunnySide]

According to this article on USCIS website "Petition Filing and Processing Procedures for Form I-140" on question#3 it clearly states that multiple I140 Petitions can be applied in different categories.

But I am not sure how this works when the first I140 is pending appeal.

Has anybody gone through this process.