Labor denied

[ysr301]

I had applied in EB2 category since i have done masters here in US. But labor got denied and reason they gave was i do not have "masters + 5 yrs experience".

Now the rule is masters OR bachlors + 5 yr experience.

My lawyer has filed a pitition to reconsider this but lawyer said there is no way to find how long will it take for them.

Now i have 2 options
1) wait for DOL to get back --> problem with this is I cant find how long it will take and IF they deny again I will waste lot of time
2) refile for labor but this will reset the priority date to current month

Has anyone experienced same thing? and what did u do??

Please help

[txh1b]

It really depends on how the labor was filed. If the ad indicated that the person have a Masters plus 5 years exp, so will the candidate chosen.

EB2 requires BS plus 5 years at a minimum. Again, what you have is secondary. What the job requires is important.