I-140 & I-485 denied TSC – Urgent help needed

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phxhyd

Registered Users (C)
Hi Gurus,

Today I received a notification from USCIS that they had sent a denial notice for I-140 and I-485 (dependents as well – all of them together). I am waiting for the denial notice. There was no RFE before the denial. I filed I-140 & I-485 concurrently in July 2007 at TSC. We also got EAD’s and my wife had used her EAD last year and not using it anymore. She also has H4. I’m on H1-b 6th year and it expires Apr 2009.

What are the options do I have now? It is very uncertain to pack of everything as I just bought a home.

Does my wife go out of status with an immediate effect? Does she need to travel outside US? She has no visa stamped on her passport. Can she use her H4 to get visa stamped in India and re-enter into US?

What is MTR or an APPEAL? What is the deadline to proceed with these options? Please post what ever you can think of the possibilities, as I’m a new bee.

Appreciate your help!!!
 
Sorry to heat that...

I know this is tough time for you .... and it is easy to say.... but please wait for the notice and find the reason for denial.... there isn't much you could do without finding the reason of denial...

Post it here ...
 
I’m on 5th yr and have only 6 months on H1. What are the options do I have to stay in US. Can I file another labor with different employer now? I remember of reading that the Labor should have been filed at least one year prior to H1 6 yr expiration. Is that true?
 
Here are the denial reasons:

1. Three year Bachelor degree (3 yr) from India is not "foreign equivalent degree" AND Master of Computer Management (MCM-2yr) is not considered as US Master's degree.

2. Ability to Pay:
Neither W2 forms for the beneficiary, copies of the petitioner's federal tax returns were included.


Please provide your chances on the approval or denial of MTR, which we will be filing soon.
I was actually paid well since my Labor was filed or at least above the rate that was indicated in the Form9089.

Thanks
 
Ability to Pay in you case should not be an issuse since you were paid more than the wages mentioned in the Labor , all you need to do is send W2 for the year since you have filed the labor.
Education equivalency will be the tough one it depends if you have filed in Eb2 or Eb3..
If it is Eb2 than you will have to match the exact requirement of Labor with tyour qualification...
IS it Eb2 or Eb3 for you ??

UOTE=phxhyd;1968881]Here are the denial reasons:

1. Three year Bachelor degree (3 yr) from India is not "foreign equivalent degree" AND Master of Computer Management (MCM-2yr) is not considered as US Master's degree.

2. Ability to Pay:
Neither W2 forms for the beneficiary, copies of the petitioner's federal tax returns were included.


Please provide your chances on the approval or denial of MTR, which we will be filing soon.
I was actually paid well since my Labor was filed or at least above the rate that was indicated in the Form9089.

Thanks
Click to expand...
 
Thanks. It is EB2. The PERM indicates it requires Masters or equivalent foreign masters degree.
 
I have seen its little difficult to prove the Education equivalency of Masters with 3 year BS & 3 year MS.
Moreover there are people who have done that.
Do some research and see if getting a educational equivalency might help you.
You should putting lot ofeffort now getting an education equivalency done as if it goes to appeal it might take for ever to get a decision and moreover most of the time AAo decisions are not favourable.
 
Dear phxhyd, can you tell me what happened to your case? Did the appeal work for you and did you get the approval in eb2? How? Thanks.
 
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