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I-140 EB2 Denied, Filed in EB3. Got Full time Opportunity at this time

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  • I-140 EB2 Denied, Filed in EB3. Got Full time Opportunity at this time

    Joined Company XYZ in Aug, 2013. Applied for PERM (Approved) and Applied for I-140 in EB2 (Got Denied)
    Reason for Deny:
    I have total 10 yrs experience. Got 3rd Graduation in 2003 and Masters in 2009. USIS consider my experience from 2009 for 5 yrs. By the time I joined XYZ company, I had 4.6 yrs experience.

    Company XYZ re-file I-140 as new application in EB3 category in PP. But Company Lawyer said USIS some times will not accept PP for Re-file I-140's. Is it True?

    Now I got new opportunity for Company ABC who is willing to go GC in EB2. ABC company is good company and sponsoring GC is very rare case. For me they consider to sponsor GC. I am in 3rd Yr with H1 and Have 3yrs valid H1B Work permit.

    Need some advise.

    1. Re-file I-140 applications can not be processed in PP?
    2. While I-140 (EB3) is in process with Company XYZ. If I consider new opportunity and join new company ABC and hope XYZ company will not with-draw I-140. Will there be any issues for I-140 approval?
    3. Company ABC need to wait till I-140 get approved by Company XYZ or they can start PERM process before I-140 is approved?

    Please advise taking new opportunity is right decision in my situation...

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