I-140 denial 3-Yr Deg/Apprvd Edu Eval using MTR/Appeal

[Karthick_Kris]

Just want to share with you my situation(Today is my happiest day).
My I-140/485 was filed concurrently. My 6 year H1 expired when both were pending. I was on EAD/Parole(so did not bother to apply for 7 th year extn). In the meantime my I-140 got rejected due to 3-Year degree. My case was filed in Nebraska service center.
In the meantime, I got my education evaluation done from degree.com(thru an evaluator Sheila Danzig - 1-800-771-4723), She gave an course by couse evaluation(I have my 3-yr degree in computers) and proved that I have 120+ credits(equivalent of U.S degree) also she gave me an expert opinion. This was submitted to INS immediately as MTR(Memo to re-open)/Appeal. I got my I-140 approved and my 485 reopend !!! It took three weeks from the date my MTR/Appeal went in to have it approved. Please note, folks who are in the same boat, please remember to do the following(in case you have any questions please feel free to contact me at karthickk@gmail.com)

1. Apply for MTR/Appeal within 30 days from the date of rejection(please be strict with this time line, even a day delayed will take the case to AAO, which takes like 15 months for a decision, and the decision will mostly likely be negative if you go to AAO).

2. Do NOT send evaluation from two evaluators, I have heard from my lawyer that those cases have been denied stating the reason that evaluations are not exactly similar.

3. Have a Subject by Subject evaluation to prove that you have atleast 120 credits(equivalent of US bachelors degree).

If you do the above three you have 90-99% of chances that your case is approved. Please feel free to email me if you are in the same boat, probably your talk to me will help to comfort you.....

With regards
Karthick

[Sheila Danzig]

Hi,
This is Sheila Danzig. I was very pleased to see this post. My client told me about it.

I have been doing extensive research showing that the 3 year degree is equivalent to a US four year degree. (see http://degree.com/articles/3-year-indian-degree.html for an article I co-wrote that has been accepted for publication in Academics India online edition).

Feel free to visit my site, www.TheDegreePeople.com or call me for a free consultation. 1.800.771.4723. It really is a free consultation. I am happy to discuss your case and advise you even if you do not use our services.

Sheila Danzig
Director: Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (Toll free voice)
1.866.585.1409 (Toll free fax)

[charan123]

Hi Karthick, I was looking for the average time taken to respond to an MTR by DOL and I came across your message. I would greatly appreciate your help in this regard. Let me describe my situation .
I filed my Labor in Perm.It got denied.The reason for their denial is because of a wrongly mentioned date.I confirmed that it is because of a (A typo error) with my attorney.He immediately filed a Reconsider Motion with DOL.Now this happend on 11/23/2005.It has been 2 months since we applied our MTR and we did not hear anything from DOL.When I started pressing for some information on my status my attorney told this "Realistically you should start thinking to refile again".I'm bit nervous after hearing this as I have to convince my employer to do the stuff he did for GC. I want to know from you what is the average time that DOL responds to such questions. Do they have a dead line?. Do you think if I'm too anxious and should stop worrying about the outcome from DOL? I would be greatful to you if you could answer my e-mail thanks.

Regards,
Charan

[santini]

Congrats on 140 approval , i may end up in similar situation if my 140 is rejected and my 6 year is ending in june, my question is the status of EAD/AP after you rejected, will it become invalid immediately or you will have it active till your decision on appeal/MT comes back, how long you can remain in the country in EAD after you had your 140 rejection

[anilt75]

I have Bacherlor's in computer science from India. 3-year degree. My labor is filed with no special instructions ("equivalency" verbiage etc.,) and pending in 3 years now (in BEC queue right now).

I came to learn that 140 gets denied if labor filing is not properly done with regards to education credentials.

Please advice me some options:

1) Can I ammend the labor application to include "equivalency" verbiage (like:"Combination of foreign degrees will be accepted", etc.,)?

2) Just go ahead and file 140 by equating 3-year bachelor's to 4-year bachelor's in U.S (using credit-hour-evaluation from degreepeople.com etc.,)?

3) Just file another labor certification from a new employer and start the entire process from scratch? (I am in m 8th year extension on H1B).

Thanks for you help,
Anil

[dmashok]

Anil,

I think if your labor is pending with BEC (not yet approved) you should be able to make an ammendment to your labor application. I was in the same situation (3 yr BS + 8yr H1B extn) but was lucky that my lawyer had specified in the ETA 750 as: "BS or equivalent" - with further explanation that "Equivalency can be derived as a combination of education + experience".

I do not think that evaluating your degree for a 4 yr at the time I140 would fly. Check other forums (search for 3 year degree + I140 in Google), you'll find people failing with this approach. Being on 8th year extn and your labor 3 years pending (which should be getting approved anytime now), you may not have time for filing another labor from another company and keeping your status. This is my personal opinion only.

As your labor is still pending, I think you should seriously think about amending that with equivalency clause + specific mention that experience can suffice for 1 year of degree.

- Ashok

[anilt75]

Ashok,

Thank you for responding to query. What you said is very true. I pitched the same option to my lawyer(Ammending my pending labor to include "b.s or equivalent" verbiage etc.,).

Lawyer is still in la la land.Thinks she can get it through somehow. But after putting my step down firmly; to get that application ammended in the light of so many denials we see in public forums, she nodded rather superficiously. Says that she sent a query to DOL if she can do such a thing , and if so, when(at the time of 45 day letter ?).

I am wondering if I can direct her to follow any formal procedure(wonder how these people get jobs in such big lawfirms). Such as filing some form to request an ammendment to the pending labor application etc.,

Are you, or anyone on this forum, aware of such a process?

Thanks guys. This forum rocks. I appreciate your advice Ashok!

--Anil

[riz_arsh]

Please check these posts. There have been people who have successfully managed to get Green-cards even with a 3 year degree+diploma even in EB2 category.

http://boards.immigrationportal.com/...d.php?t=175376

[bostonian_27]

Unitednations and gurus please help.

I got my 140 denied last week due to temporary position issues (I DO NOT belong to any of the blacklisted companies and my company has a decent record of immigration). Apparently my attorneys have filed for MTR. They suggest I file another 140 on the same labor when the appeal is pending. Can you please tell me if its correct to file it that way since its taking a long time to get any decision. What would be the best way to file the 140 now. I'm on my 7th year on H1 and can I extend my H1 now based on the pending appeal. Thanks much for your help.

[haripara]

Hello everyone,
My I-140 got denied in jun 07, because I have a 3 Year degree and APTECH. I did not have any issues in my PERM approval. Now my Case is with AAO. Do anyone in this group know more about AAO, or anyone who's appeal was succussful with AAO. What should I do? Should I apply for a New PERM or should I wait for my appeal which will take almost a year. I have only 1 year and 8 months left on my H1.
Thanks

Hari

[maansi28]

Can someone please help/refer me to a link that has this info:


Due to some extenuating resons, I am not filing my 485 (altho' my 140 has been approved in EB2).
My husband also has his I140 approved (EB3) and he is going ahead and filing for his 485. I plan to jump on to his 485/GC processing at the appropriate time (both of us have H1 till 2009).

My q is -- when can I make this switch over to his 485? (We both plan to work after that, i.e., no one will be a dependent on the other). Are there any complications / issues that need to be taken into care?

Any help is much appreciated
M

[gibasma]

Hi folks, I got my I140denied, we appeal, and the judge withdraw the directors dicision- "The dicision of the director dated September 12, 2006 is hereby withdrawn.The matter is remanded for further action and cosideration consistent with the above dicussion and entry of a new decision which shall be certified do the AAO for review.
Can somebody help to undestand what goint hapens now, I receive this on march 07, 2007. I've been checking on line but nothing change. There's another place were I can check?
Thanks.

[dhirajs98]

Hi folks, I got my I140denied, we appeal, and the judge withdraw the directors dicision- "The dicision of the director dated September 12, 2006 is hereby withdrawn.The matter is remanded for further action and cosideration consistent with the above dicussion and entry of a new decision which shall be certified do the AAO for review.
Can somebody help to undestand what goint hapens now, I receive this on march 07, 2007. I've been checking on line but nothing change. There's another place were I can check?
Thanks.

GIBASMA,

Based on your experience, can you please tell me that the following message at the USCIS website for my I-140 case is a denial or something else?
=====
Current Status: We mailed you a decision.

On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service
=============

If it is a denial then do you have any idea what could be the next step?

Thanks.

[Sheila R Danzig]

Hello everyone,
My I-140 got denied in jun 07, because I have a 3 Year degree and APTECH. I did not have any issues in my PERM approval. Now my Case is with AAO. Do anyone in this group know more about AAO, or anyone who's appeal was succussful with AAO. What should I do? Should I apply for a New PERM or should I wait for my appeal which will take almost a year. I have only 1 year and 8 months left on my H1.
Thanks

Hari

I discuss this with your lawyer but a new perm is a good idea. APTECH is not government recognized and USCIS usually does not recognize it. Make sure your lawyer understands this when he files the new PERM and does not use the APTECH education.

[adrshen]

I do have Masters in Computer Science (2yrs) from pakistani well renowed university. Before this master I do have a bachlor in science. SO in my case i do have 2 (master)+ 2 (bachlor) yrs. I want to apply for EB2. Can I do that. Am I US bachlor ?

[manishkt]

Just want to share with you my situation(Today is my happiest day).
My I-140/485 was filed concurrently. My 6 year H1 expired when both were pending. I was on EAD/Parole(so did not bother to apply for 7 th year extn). In the meantime my I-140 got rejected due to 3-Year degree. My case was filed in Nebraska service center.
In the meantime, I got my education evaluation done from degree.com(thru an evaluator Sheila Danzig - 1-800-771-4723), She gave an course by couse evaluation(I have my 3-yr degree in computers) and proved that I have 120+ credits(equivalent of U.S degree) also she gave me an expert opinion. This was submitted to INS immediately as MTR(Memo to re-open)/Appeal. I got my I-140 approved and my 485 reopend !!! It took three weeks from the date my MTR/Appeal went in to have it approved. Please note, folks who are in the same boat, please remember to do the following(in case you have any questions please feel free to contact me at karthickk@gmail.com)

1. Apply for MTR/Appeal within 30 days from the date of rejection(please be strict with this time line, even a day delayed will take the case to AAO, which takes like 15 months for a decision, and the decision will mostly likely be negative if you go to AAO).

2. Do NOT send evaluation from two evaluators, I have heard from my lawyer that those cases have been denied stating the reason that evaluations are not exactly similar.

3. Have a Subject by Subject evaluation to prove that you have atleast 120 credits(equivalent of US bachelors degree).

If you do the above three you have 90-99% of chances that your case is approved. Please feel free to email me if you are in the same boat, probably your talk to me will help to comfort you.....

With regards
Karthick

Hi Karthick - Can you please tell if you applied in EB2 or EB3?

[gk_2000]

Hi Karthick - Can you please tell if you applied in EB2 or EB3?

Bump
I also would like to know this..