I-140 Denied On Educational Grounds

[nbasetti]

Hello Guys,
My I-140 got denied today. Reason being 'civil engineering 4 year degree STATING by INS as not relating to Computer science'.

Has any one heard of cases like this AND APPEAL PROCESS HELPED IN APPROVAL? PLS. WRITE, A GREAT HELP.

I WANNA APPEAL, HOW SHALL I GO WITH THAT?


THANKS

[will_get_there]

Did'nt you get an RFE before this denial ? If you got one, how did your lawyer respond to show the equivalency ?

will_get_there

[nbasetti]

I stated clearly in my previous post..pls. search under my userId.

pls. see my other posts by my userId, I stated clearly what is mentioned in my LABOUR

[nbasetti]

pls. see my other posts by my userId, I stated clearly what is mentioned in my LABOUR, RFE etc.

my employer got a letter stating denial. I got a letter denial of my
I-485, I-765, I-131 for me, my family from INS.

Any Appeal help pl.s, or any expert lawyer you know of, do you think might help me in this case getting succeeding through the APPEAL Process?

[rajudm]

It is really a disgusting way USCIS works. When you appeal the new documents should be different than that used for RFE response. If you want you can try talking to KTewary. Search for his phone number on google.

[nbasetti]

yes, rajudm i am tired too of this companies/wrong representing lawyers.

you know what this lawyer also stated that..."INS sends those RFE simply...let us take it easy.. you qualify i-140..."

currently don't know other options to go with...

at this stage any one know of any EXCELLENT/EXPERT lawyer who can deal
with re-consideration of DENIED I-140 "having civil engineering degree related
to comp. sc."

[Bodhal Singh]

It is really a disgusting way USCIS works. When you appeal the new documents should be different than that used for RFE response. If you want you can try talking to KTewary. Search for his phone number on google.

Hi,
Can you please tell me who is "KTewary"? Is he any famous lawyer ???

Thanks, Bodhal Singh

[honeybee]

nbasetti,

I would say that you try contacting Mr. Rajiv S. Khanna ( www.immigration.com) for this kind of case. I have read on this forum that he helped people clearing up with I-140 queries.Also post this thread in I-485 forum also. There are some people who has appealled to their I-140's. They can help you out. Also try to get in touch with some moderators of this forum.

Thanks,
-Honeybee

[RajaYogi]

If I-140 has been denied and a motion to reopen was filed, can the person still work with his EAD card? Or does his EAD card become ineffective the day I-140 is denied?

[sahil_a]

This week my lawyer is going to file apeal for my I140 denial (company financials rfe and finally got denied ).

He told me they file in Administrative appeals office who will decide weather to open the case or not and usally it takes between 8-9 months .

meanwhile yesterday i got fingerprint notice for june 18th with reciept date as may 21 and my I140 denied on may 03 2004 .

I read in forum that USCIS will send denial letters for ead , ap , 140 and 485 but i never got any ..

Any idea why i got fingerprint notices and should i need to go for fingerprints ?

[nbasetti]

how to check the phone nbr. for KTewary at google? sorry for detail expectation...

[Bodhal Singh]

how to check the phone nbr. for KTewary at google? sorry for detail expectation...

Guys , please tell me--Who is 'KTewary' ?

Thanks

[rajudm]

send me a pm

[RatherGetShot]

United,
My I-140 and 485 have not yet been applied for. My educaton evaluation was done on the basis of 3year degree and work experience. I did study towards an MBA but left it incomplete after doing 22/24 courses when th opportunity to come to the US presented itself. Now my lawyer says I should use the transcripts from the partically completed MBA for a new evaluation and use this in my I-140/485 application. The MBA was towards IS (Information Systems) and I have additional certificates from courses I did on the side. My re-evaluation might state that my education is (surely) equivalent to a US BA and probably (good chances) equivalent to CS/Engineering (or equivalent as stated in the ETA 750).
Does the "Matter of Sea" precedent apply in this case also? (Or is my lawyer the bl00dy f00l I think he is?)

Also, in the case of the reevaluation, must it be done from the same place it was done before?
Thanks,
RatherGetShot.

[seabird]

My job duties requires MS degree. I got MS in a foreign country and a PhD in US all in same major. Do I have to get my MS evaluated?

Thanks!

Seabird

[vkg]

Guys,
Just wondering I have 3 yrs bachelors of science and 2 yrs master's in electronic degree with more than 5 yrs of experience in computer field. Is it possible that my I-140 get RFE for education qualification. (I am worried as my degree is not computer science rather it is Electronic). In my labour the requirement is 4 yrs bachelors degree or equivelent, and 2 yrs progressive experience in related field.
Thanks
VK

[lcauser]

vkg, You might get an RFE from USCIS if your LC has not specified the equivalency. In other words, your company has to mention what equivalency is in terms of accepting the combination of 2 degrees/work experience or professional training.

[vkg]

Thanks for the reply . The exact wording in LC are as follows:
Applicant must have bachelor's degree or equivalent in computer science, engineering or a related field, plus two years' progressively more responsible experience either in the position advertised or related experience.

is that make sense ?
Thanks
VK

[RatherGetShot]

Thanks for the reply . The exact wording in LC are as follows:
Applicant must have bachelor's degree or equivalent in computer science, engineering or a related field, plus two years' progressively more responsible experience either in the position advertised or related experience.

is that make sense ?
Thanks
VK

Hi VK!
Is that what it says in section 14/15 of your LC/ETA or is that the advertisement?
Thanks,
RGS.

[RatherGetShot]

Thanks United. I doubt my 3 yr BA alone will be equivalent to a US BA. I guess my best bet is to apply for a new LC. Is it possible to apply for a new LC when I already have a cleared LC?
Thanks,
RGS.

[vkg]

Rathergetshot,
Yes, this is the advertisement. I have to check on my LC 14/15 coloum.

Thanks

[mdk1]

Got REF on Education Evaluation:
Evaluation is necessary to determine the level and major field of education attainment,as described in the supporting documents, in terms of equivalent education in the US.
Consider formal education only, not practical experience.


My Attorney mentioned in LC By mistake in place of "or" mentioned "and"
College Degree Required: M.S
Major Field of Study : Comp.Science and related courses.


Below I have the US Equivalent summary done by World Education Services Inc, NY.
Master's in Mathemetics, Master's in Education, one year of post-secondary study and trainng at computer training Institute.

Is any problem in my Major field of study which is mentioned above
(Compu.Science and related courses) in labour based on my evaluation?

Thanks
MDK1

[Billtoo]

nbasetti ,

I did a good search in google but could not locate this KTewary .There was some one in NJ with the name Kamlesh Tewary , but there was no Law offices by that name. Well I think U can look around for good reputed attorneys.


I did civil Engg too and I am in H1B. Now applied for EAD.
So I want to ask you, do you feel that if the word computer Science not appeared in you labour --- your case would have been just fine.

I am getting tensed up about it, I did a couse in compters back home and it was mentioned in my H1B labor.Now I lost that document too.

My labor requirements are : BS with 6 months experience.

Thanks
BillToo

[ihsir2003]

My lawyer did an incredible job in putting together my I140 case on a Labor substitution.

The Labor required MS in Mechanical Engineering. But I have MS in a different field. My prior work experience cannot be used to determine equivalency to MS in Mechanical as the work experience was gained at the same employer who is now sponsoring me.

My 7th year H1B and my I140 were approved in 3 months (in 2004). Can memebers and experts share their knowledge on the following:

1. Can an approved I140 be reviewed and in the worst case approval revoked?
2. Will I140 be reviewed at the time of EAD/I485 filing/etc.?
3. Can it affect I485 approval in any way?

Thank you all in advance.