I-140 Issue/ B.Com +8yrs exp
- Thread starter jankap
- Start date
I-140 Denied due to incompelete Tax Return Info!!!
Hi All,
Thanks for a wonderful FAQ site!! In fact I got reference of this portal from yet another Immi. FAQ site!! Here is my situation which could be useful to others if they are approaching to such phase. My I-140 got denied after about 4 months of EB3 processing at VT center due to our inability to provide tax return records that they had asked after reviewing our petition. We failed to provide info on time (within deadline) due to IRS\'s delay in \'certifying\' all those documents. After 9/11, INS has restructured itself and it seems once a petition is denied you then have to go thru BIA(appeal bureau), get your petition reopened or reconsidered. We have just done this for now and are waiting for BIA\'s response. My attorney is not quite confident in positive response because BIA is too strict on missing deadlines!! Does anyone have any idea about such situation? I will highly appreciate any thoughts. It seems some Senators provide help on such issues, so is it ok to approach congressman for such an issue since the actual case is very straightforeward? Thanks in advance and please be aware of such situations, in short, keep as much info with you as you can about you, your company , your work and what not. You never know what INS would ask!!
CB.
Hi All,
Thanks for a wonderful FAQ site!! In fact I got reference of this portal from yet another Immi. FAQ site!! Here is my situation which could be useful to others if they are approaching to such phase. My I-140 got denied after about 4 months of EB3 processing at VT center due to our inability to provide tax return records that they had asked after reviewing our petition. We failed to provide info on time (within deadline) due to IRS\'s delay in \'certifying\' all those documents. After 9/11, INS has restructured itself and it seems once a petition is denied you then have to go thru BIA(appeal bureau), get your petition reopened or reconsidered. We have just done this for now and are waiting for BIA\'s response. My attorney is not quite confident in positive response because BIA is too strict on missing deadlines!! Does anyone have any idea about such situation? I will highly appreciate any thoughts. It seems some Senators provide help on such issues, so is it ok to approach congressman for such an issue since the actual case is very straightforeward? Thanks in advance and please be aware of such situations, in short, keep as much info with you as you can about you, your company , your work and what not. You never know what INS would ask!!
CB.
No Title
Hi ,
It was done by Global education group, Florida,
But the point is that INS didn\'t even see the eval part and My lawyer says that eval is good only for H1 and not during I-140.
What r the other options i got?
For now my lawyer replied back asking me to grant approval for I-140 on the basis of Skilled worker. As per lawyer my denial was due to Professional category where persons qualification should matcht the duties. like doctor or lawyer but while my work doesn\'t need that.
Anyhelp on this is really appreciated.
HK
Hi ,
It was done by Global education group, Florida,
But the point is that INS didn\'t even see the eval part and My lawyer says that eval is good only for H1 and not during I-140.
What r the other options i got?
For now my lawyer replied back asking me to grant approval for I-140 on the basis of Skilled worker. As per lawyer my denial was due to Professional category where persons qualification should matcht the duties. like doctor or lawyer but while my work doesn\'t need that.
Anyhelp on this is really appreciated.
HK
JANKAP - Answers that you will not like, sorry
If the LC required a bachelors degree or equivalent, you are not qualified for the position (if you are currently working in the position the requirements were obviously misstated in the LC but that changes nothing). For I-140s INS only accepts experience in lieu of education if that is stated on the LC (or equivalent is not good enough, it would need to state, for instance, "Bachelors degree, employer will accept 3 years of education and three years of experience in lieu of the required bachelors degree"
.
It sounds as if you will need to start over.
Sorry.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
If the LC required a bachelors degree or equivalent, you are not qualified for the position (if you are currently working in the position the requirements were obviously misstated in the LC but that changes nothing). For I-140s INS only accepts experience in lieu of education if that is stated on the LC (or equivalent is not good enough, it would need to state, for instance, "Bachelors degree, employer will accept 3 years of education and three years of experience in lieu of the required bachelors degree"
.It sounds as if you will need to start over.
Sorry.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
Bcom + 7 yrs
Hi !
My Case is in vermont and it was denied saying on the education basis(15 yrs Vs 16 Yrs.)
Hey Jim,
As you said I have to start over. My company has already aplied the new labour with evaluation document stating that I have BS equivlent.
Woudl that be good enogh?
Hemal
Hi !
My Case is in vermont and it was denied saying on the education basis(15 yrs Vs 16 Yrs.)
Hey Jim,
As you said I have to start over. My company has already aplied the new labour with evaluation document stating that I have BS equivlent.
Woudl that be good enogh?
Hemal
Maybe
You really need to discuss this in detail with the attorney handling your case but you cannot say "BS or equivalent" if you are using experience in the equivalency evaluation.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
You really need to discuss this in detail with the attorney handling your case but you cannot say "BS or equivalent" if you are using experience in the equivalency evaluation.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/