I-140 Denied - Help Please

H

hydap

Registered Users (C)
My Attorney recieved notice from INS on Monday that my case has been denied.

Reason: Haven't met requirements of the Form ETA-750
that is Computer Science/Engineering or other Science/Engineering field.

In My Education Evaluation: Bachelor of Science Degree in Management Information Systems.

I need your valuable suggestions, My H1 6 Years term is expiring in 07/2003. Please advise me.


TSC ND 07/12/01
Transfered to NSC on 11/29/01
NSC ND 12/12/01
Got RFE from NSC on 01/15/02(Requested for PGDCA Transcript)
Sent to INS on 02/01/02
INS Recieved Response on 02/06/02
Written Decision Mailed message on 08/13/02 (Which is Denied)
EB3
 
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hydap, re-evaluate your degree as BS in Computer Science.

Then re-submit your I-140 to TSC. When the LC said CS or other science/engineering field, the LC should further say Computer Information Management, Computer Information System are acceptable. If you and your lawyer thinks "or other science/engineering' means even a chemist or physics also acceptable, that is a bad idea.
 
Can I re apply for I140 using the same labor you mean GKing ? I was asking same thing to my employer and he was telling they had to submit original LC with the I140 application and they did that with the first 140 application. My attorney decided to file for motion and apply for fresh labor, i don't know how long its going to take. I started my GC processing in January 2000 and all gone now.

Thanks for your information and advise Gking.
 
Yes, file motion to re-open the case with new degree evaluation.

You can not appeal the previous decision because that decision was correct based on the materials at that time. You can not add new materials to appeal, but you can add the new Degree evaluation in Motion to re-open the case (just the same as file a new I-140 based on the old LC). You are right about the LC certificate. Since the original LC may be still in NSC, I am not sure where to file the Motion to re-open is better. In the new filing, you still need to give the copies of the LC with reference to the original.

At the mean time, file new LC if possible.

Your lawyer may know better, so just seek his advice.
 
Was the Bachelor of Science degree a 3 or 4 year degree?

If a 3 year degree, the problem may be insurmontable and you may need to start over with the Labor Certification.
 
Jim Question for you

Jim,
EB3/RIR
I-140 RD @ NSC June 07, 2002
REF Aug 16

INS has sent request for Evidence


I have 3 yr Bachelor's Degree in Commerce. I have my degree and work exp evaluated and sent to INS with I-140 application.

It says. Form ETA 750 dose not indicate that the peritioner will accept the equivalent of bachelor;s degree gained through a combination of education and work experience; Form ETA inidcates that the petitioner will accet a "foreign academic quivalent"

Please submit evidence that the alien obained the required for years of college education leading to bechelors degree(or foreign quivalent) majoring in one of the fields listed on form ETA-750.

What is your opinion Jim ?
 
Same mistake with the stupid lawyers.

Always put equivalent whenever possible.

Same situation was with me-

ms Industrial Engg was a requirement.
MS Industrial & MAnagament Engg was what I had.

I told my lawyer to put equivalent in the end and he did not. Luckily I got approved.
 
HYDAP,


Please update about your case.
Did you file I-140 again or started from begining ?


Thanks
Rakesh
 
hydap

What was your degree's ? 3 +1 year from some univeristy or 3 year from some univeristy and some diploma from private institute ?
if its later , then god knows. if its first one, then you may have to appeal it again .

Thanks
 
Hi Aka_Raje,

In my case I have 3 yrs degree + 2 yrs diploma.

My LC required 4 yrs degree AND 5 yrs experience.

My I-140 was denied.

I am getting my education evaluation done saying 3 yrs degree + 2 yrs is equal to 4 yrs degree and filing my I-140 again.


Please let me know what you think about my case.


Thanks
Rakesh
 
I think, it is still problem

I advise you start new labour process with satisfying the actual reqirment. Most of the time, INS specially in this time would not consider non academic courses to a regular streams.

Some time it really wonders in the first place how come they allow you to have H1 visa. H1 visa definition says one should have 16 years of formal education from universities.

I think they wont take so serious or take a look on your LCA petition to know how your education equivalance is done. Follow the same trail.

There is no use in filing it gain, i think you better start LC process and file under EB3/RIR and you wont be loosing much time. The reason is INS will not process your application and you wont know what is happening till that time. The same thing happend to my friend and he filed new LC under EB3 and got his GC last year.


Break the ICE, solve the issue in different way.
 
Your Diploma is from University or private institute ? if its from university, you may get it, otherwise you will not :eek:

Thanks
 
Labor substitution

my employer has an approved labor cert that he is substituting for me. I EXACTLY MEET the job description, 4 yr bachelors degree requirement and the 5 yrs experience. its EB2.

however on the labor cert, major field of study it says "computer science" and i have a EE bachelors. On reading my edu eval, it shows that the way i took courses in school, i have a major in EE and a minor in comp science.

will my i140 be denied?

Jim, if you would comment, id really appreciate it.

Thanks everyone...and hope all get approved quickly...

vik.
 
For Hydap

Hello hydap,

you mentioned in your posting that you moved your case from TSC to NSC.

Can you tell us- on what basis it was moved to NSC?

Does job location on your Labour Certificate fall under NSC?

OR

You have multiple job locations mentioned on Labour certificate but your employer head-quarter falls under NSC.

Please reply- rupalic@TurnAroundStrategies.com

Thanks,
Neelakshi
 
I-140 approval

Hello I-140 Gurus,

Please let me know, if any of you, have successfully done the following kind of case.

Case: We want to file for I-140 in California Service Center using substitute labour certificate which is approved in Texas by Texas Service Center. Job location mentioned on labour certificate is Texas.

Reason: California Service Center is much faster than Texas Service Center. Also, applicant is on H1 visa residing in bayarea, California and working for a client who is also in bayarea, California. Applicant's employer's head-quarter is Houston, Texas; however employer has a branch office in Bayarea, California.

Thanks,
Neelakshi

rupalic@TurnAroundStrategies.com
 
labor substitution - need help

i meet all the criteria(job desc, 4yr degree, yrs of exp, eb2) except that the labor cert has specified

a major in computer science(750A), whereas i have 4 yr engg degree EE and NIIT(comp diploma). when

looking at the edu eval, the attestation says, based on the courses taken in BE(23 units of CS courses)

and NIIT, i have a major in EE and major in comp science. will I140 be denied?

thanks,
 
work and education equivlent

Hi Jim Mills::

I know that 3 years of working experience equivlent to 1 year of education. In my I-140 application, my LC requires 1 year working experince in certain field and can be substituted from education. Can I assume that
I only need 1/3 year of education match 1 year working experince.

Thanks in advance

haibo

Originally posted by Jim Mills
Was the Bachelor of Science degree a 3 or 4 year degree?

If a 3 year degree, the problem may be insurmontable and you may need to start over with the Labor Certification.
Click to expand...
 
Hi,

I am filing for I-140 in EB2 soon. I have an approved LC with the following details.

LC Details:
-------------
College Degree required: Masters Or BS+5 years
Major field of study: Computer Science or Equivalent

I have a 4 year BE degree (Electronics & Communication) and 9 years programming experience.

Is there a possibility of getting an RFE for Progressive Experience Or for any other reason - in my case.

Do i need to do an evaluation of education and experience to satisfy the condition of BS+5 years And Computer Science.

Thanks for the replies.
 
Motion also Denied

Sorry for late response,

I received writtern decision for my motion to reconsider.
It says they cannot overcome with their prior decesion.
Denial Reason: Labor education requirements doesn't match with my educations(Attorney's Mistake)

Guys need help,

I'm in bad shape now, my H1 6 years term is expiring July 2003 so I don't have time to start labor from beginning. If any of your company have approved labor who can file 140 and 485 for me then only I can stay in US beyond 6 years. Please find out with your companies and send me email at mk12350@hotmail.com.

I have 3 years degree + 1 year PGDCA + 9 years IT experience(5 yrs US exp)
 
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