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I-140 Re Apply for denied case
- Thread starter A0001
- Start date
Yes, You can reapply I-140 through the SAME employer. But when you re-file, you must submit proper documents to overcome your earlier denial reasons.
My case is different. My I-140 was denied in Dec 2002 in Texas Service Center and my appeal went to Washington in July 2003. I CHANGED my employer and filed I-140/I-485 from Nebraska Service Center recently.
naanshi.
My case is different. My I-140 was denied in Dec 2002 in Texas Service Center and my appeal went to Washington in July 2003. I CHANGED my employer and filed I-140/I-485 from Nebraska Service Center recently.
naanshi.
Last edited by a moderator:
hi
Hi,
my 140 also denied after rfe due to attorney mistake. He has wrongly mentioned my education qualification in labor itself. He has mentioned the job requirement as 4 years degree but mine is 3 plus 2 degree. BCIS says there is no provision for equality provided in the labor petetion. Noone realised the mistake until we receive the RFE. now it is denied due to same reason.
Now what choices i have?
1) reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
2) appeal against the denial ? - then how long it will take?
3) start from scratch ie. filing labor
also please clarify whether I can use the my approved labor and file 140/485 from different employer?
thanks
Hi,
my 140 also denied after rfe due to attorney mistake. He has wrongly mentioned my education qualification in labor itself. He has mentioned the job requirement as 4 years degree but mine is 3 plus 2 degree. BCIS says there is no provision for equality provided in the labor petetion. Noone realised the mistake until we receive the RFE. now it is denied due to same reason.
Now what choices i have?
1) reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
2) appeal against the denial ? - then how long it will take?
3) start from scratch ie. filing labor
also please clarify whether I can use the my approved labor and file 140/485 from different employer?
thanks
I am sorry to hear about your denial Babu.
1. reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
--- I don't think it is a good idea. If you are approaching your Six Years Visa Limit, then go for this. Ask your attorney, what will happen if the refiled case goes to the same officer, who denied your case now. USCIS very clearly stated that if you want them to consider two degrees combined as One degree, then the Labor certificate should clearly mention that "Combination of degrees may be also considered" .
2. appeal against the denial ? - then how long it will take?
---- As far as I know, Appeal is a Money/Time Wasting Process and 99% if cases will be denied in the appeal. It is human nature that Nobody will accept their mistakes easily. In the appeal, even if they find that they made mistake in the decision, they will try to find some other reason to deny and to save their job. It is a Funny Process. For your information, I filed my appeal in Jan 2003 and it was forwarded to Washington after Seven months.
3. start from scratch ie. filing labor
----- I feel this might be the second best option, but time consuming option for you. Try to find a company in the Fastest Labor Processing states and file the labor with ""Combination of degrees may be also considered".
-----The best option, You may try for Substitution Labor Certificate. Find a company who has an approved labor which suits your education and experience and file I-140/I-485 immediately. Try to choose company which comes under Fastest Processing Center like Vermont.
Just my opinion and Please consult with your attorney for proper advise.
All the Best,
Naanshi.
1. reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
--- I don't think it is a good idea. If you are approaching your Six Years Visa Limit, then go for this. Ask your attorney, what will happen if the refiled case goes to the same officer, who denied your case now. USCIS very clearly stated that if you want them to consider two degrees combined as One degree, then the Labor certificate should clearly mention that "Combination of degrees may be also considered" .
2. appeal against the denial ? - then how long it will take?
---- As far as I know, Appeal is a Money/Time Wasting Process and 99% if cases will be denied in the appeal. It is human nature that Nobody will accept their mistakes easily. In the appeal, even if they find that they made mistake in the decision, they will try to find some other reason to deny and to save their job. It is a Funny Process. For your information, I filed my appeal in Jan 2003 and it was forwarded to Washington after Seven months.
3. start from scratch ie. filing labor
----- I feel this might be the second best option, but time consuming option for you. Try to find a company in the Fastest Labor Processing states and file the labor with ""Combination of degrees may be also considered".
-----The best option, You may try for Substitution Labor Certificate. Find a company who has an approved labor which suits your education and experience and file I-140/I-485 immediately. Try to choose company which comes under Fastest Processing Center like Vermont.
Just my opinion and Please consult with your attorney for proper advise.
All the Best,
Naanshi.
Last edited by a moderator:
jalabalajings
Registered Users (C)
Question for Naanshi
Naanshi,
Since you went through the I-140 denial, I think it would be appropriate to ask you this question. Please try to answer me based on your experience and what you think.
The ad for my LC postin was as follows :
'Must have a Bachelors degree in CS or Electronics or related field and 2 yrs of experience or 2 yrs of experience in a related position with ability to use blah, blah, blah (all the Software Applications that I was using before joining my current employer who processes my GC)'
My LC was filed in Chicago in EB3 category and got cleared and have filed for I-140 at NSC. Yet to get my receipt number.
I have a 3 year Bachelor's degree in Electronics and a 3 Year Master's degree in CS both done back in India and has more then 8 years of work experience.
BTW, I have submitted an educational evaluation report that states the degrees I hold are equivalent to the Master's Degree in CS in US.
Based on your experiences, do you anticipate if I would receive an RFE or if my I-140 would be denied?
Any answers/inputs will be really appreciated.
Thanks,
Dave
Naanshi,
Since you went through the I-140 denial, I think it would be appropriate to ask you this question. Please try to answer me based on your experience and what you think.
The ad for my LC postin was as follows :
'Must have a Bachelors degree in CS or Electronics or related field and 2 yrs of experience or 2 yrs of experience in a related position with ability to use blah, blah, blah (all the Software Applications that I was using before joining my current employer who processes my GC)'
My LC was filed in Chicago in EB3 category and got cleared and have filed for I-140 at NSC. Yet to get my receipt number.
I have a 3 year Bachelor's degree in Electronics and a 3 Year Master's degree in CS both done back in India and has more then 8 years of work experience.
BTW, I have submitted an educational evaluation report that states the degrees I hold are equivalent to the Master's Degree in CS in US.
Based on your experiences, do you anticipate if I would receive an RFE or if my I-140 would be denied?
Any answers/inputs will be really appreciated.
Thanks,
Dave
Originally posted by naanshi
I am sorry to hear about your denial Babu.
1. reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
--- I don't think it is a good idea. If you are approaching your Six Years Visa Limit, then go for this. Ask your attorney, what will happen if the refiled case goes to the same officer, who denied your case now. USCIS very clearly stated that if you want them to consider two degrees combined as One degree, then the Labor certificate should clearly mention that "Combination of degrees may be also considered" .
2. appeal against the denial ? - then how long it will take?
---- As far as I know, Appeal is a Money/Time Wasting Process and 99% if cases will be denied in the appeal. It is human nature that Nobody will accept their mistakes easily. In the appeal, even if they find that they made mistake in the decision, they will try to find some other reason to deny and to save their job. It is a Funny Process. For your information, I filed my appeal in Jan 2003 and it was forwarded to Washington after Seven months.
3. start from scratch ie. filing labor
----- I feel this might be the second best option, but time consuming option for you. Try to find a company in the Fastest Labor Processing states and file the labor with ""Combination of degrees may be also considered".
-----The best option, You may try for Substitution Labor Certificate. Find a company who has an approved labor which suits your education and experience and file I-140/I-485 immediately. Try to choose company which comes under Fastest Processing Center like Vermont.
Just my opinion and Please consult with your attorney for proper advise.
All the Best,
Naanshi.
Hi Dave,
The Important factor is "There is no standard adjudication process in INS/BCIS/USCIS/ABCDEFGHI....". For example, in my old sponsoring company, almost all the people are still getting approved. But my case was denied due to H1B Violations in the company. If there are H1B Violations in the company then how come other people are getting approved???? When you are dealing with INS/BCIS/USCIS/ABCDEFGHI...., you cannot talk about LOGIC.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job". If you are lucky, your case may get approved without any RFE(Chances are around 25%). It is fully depending upon the officer who sees your case and really hard to guess. Hope for the best.
By the way, my case was denied due to some issues with the Sponsor Company and nothing to do with my education or experience. (I have got M.E in Electrical and Electronics Engineering from India and had around 6 years of Experience when I filed my labor three years ago)
Naanshi.
The Important factor is "There is no standard adjudication process in INS/BCIS/USCIS/ABCDEFGHI....". For example, in my old sponsoring company, almost all the people are still getting approved. But my case was denied due to H1B Violations in the company. If there are H1B Violations in the company then how come other people are getting approved???? When you are dealing with INS/BCIS/USCIS/ABCDEFGHI...., you cannot talk about LOGIC.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job". If you are lucky, your case may get approved without any RFE(Chances are around 25%). It is fully depending upon the officer who sees your case and really hard to guess. Hope for the best.
By the way, my case was denied due to some issues with the Sponsor Company and nothing to do with my education or experience. (I have got M.E in Electrical and Electronics Engineering from India and had around 6 years of Experience when I filed my labor three years ago)
Naanshi.
jalabalajings
Registered Users (C)
Naanshi
Naanshi,
Thanks for the info. Let me keep my fingers crossed and see what happens.
Dave
Naanshi,
Thanks for the info. Let me keep my fingers crossed and see what happens.
Dave
Originally posted by naanshi
Hi Dave,
The Important factor is "There is no standard adjudication process in INS/BCIS/USCIS/ABCDEFGHI....". For example, in my old sponsoring company, almost all the people are still getting approved. But my case was denied due to H1B Violations in the company. If there are H1B Violations in the company then how come other people are getting approved???? When you are dealing with INS/BCIS/USCIS/ABCDEFGHI...., you cannot talk about LOGIC.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job". If you are lucky, your case may get approved without any RFE(Chances are around 25%). It is fully depending upon the officer who sees your case and really hard to guess. Hope for the best.
By the way, my case was denied due to some issues with the Sponsor Company and nothing to do with my education or experience. (I have got M.E in Electrical and Electronics Engineering from India and had around 6 years of Experience when I filed my labor three years ago)
Naanshi.
If I-140 was denied due to 4 year degree requirement (as a Bachelor degree is 4 year in US), and if one has 3 year degree and now studies for 1 more year of college and then apply for I-140 again using the same Labor Cert, do you think its a good idea? Would that increase the chance of approval for the new I-140 and I-485 going forward?
Record not updated after 5 months also
Nanshi,
Thanks for your info. As i told my case is denied in May 2003 but today i checked my online status for my case..that message not updated so far...as follows
Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on December 11, 2002. We mailed you a receipt with information about processing. It is taking between 150 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete
Do u have any idea on this?
thanks,
Nanshi,
Thanks for your info. As i told my case is denied in May 2003 but today i checked my online status for my case..that message not updated so far...as follows
Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on December 11, 2002. We mailed you a receipt with information about processing. It is taking between 150 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete
Do u have any idea on this?
thanks,
Dhamaka,
If I-140 was denied due to 4 year degree requirement (as a Bachelor degree is 4 year in US), and if one has 3 year degree and now studies for 1 more year of college and then apply for I-140 again using the same Labor Cert, do you think its a good idea?
-----If labor states that combination of degrees may be also considered for the job then it will be fine. And also as I told earlier it depends upon the Service Center and the Officer.
A0001,
1. Did you check the online status after your denial? What was the status?
2. Did you file Appeal or Motion to reopen? When?
3. What are the reasons for denial?
4. Which Service Center?
Naanshi.
If I-140 was denied due to 4 year degree requirement (as a Bachelor degree is 4 year in US), and if one has 3 year degree and now studies for 1 more year of college and then apply for I-140 again using the same Labor Cert, do you think its a good idea?
-----If labor states that combination of degrees may be also considered for the job then it will be fine. And also as I told earlier it depends upon the Service Center and the Officer.
A0001,
1. Did you check the online status after your denial? What was the status?
2. Did you file Appeal or Motion to reopen? When?
3. What are the reasons for denial?
4. Which Service Center?
Naanshi.
Nanshi,
C bellow........
1. Did you check the online status after your denial? What was the status?
Online status not updated at any time even in May 2003.
Employer immi representative got the letter from BCIS in May.
2. Did you file Appeal or Motion to reopen? When?
No...
3. What are the reasons for denial?
employer not open this i 140 denial details...
I believe it may education or company finantial results..
4. Which Service Center?
NSC
thanks,
C bellow........
1. Did you check the online status after your denial? What was the status?
Online status not updated at any time even in May 2003.
Employer immi representative got the letter from BCIS in May.
2. Did you file Appeal or Motion to reopen? When?
No...
3. What are the reasons for denial?
employer not open this i 140 denial details...
I believe it may education or company finantial results..
4. Which Service Center?
NSC
thanks,
A0001,
This is little strange. So your case status did not change even after your denial. Did you check the Automated Voice Messaging System(AVM)? (Hopefully same message as Online)
Following happened in my online status.
Dec 2002 : I-140 denied => Online and Automated messaging system were Updated on Same day
Jan 2003 : Appeal was Filed in TSC
Till April 2003: Online and AVM stated the case was denied.
May 2003 : Online Status Changed from "Denial" to "Pending"
June 2003: AVM also changed from "Denial" to "Pending"
July 2003: Case Transfered to AAU, Washington and Online And AVM status Changed.
Better try to get the details of Denial. If it is Employer related then change your employer and file I-140/I-485 using Substitute Labor.
Naanshi.
This is little strange. So your case status did not change even after your denial. Did you check the Automated Voice Messaging System(AVM)? (Hopefully same message as Online)
Following happened in my online status.
Dec 2002 : I-140 denied => Online and Automated messaging system were Updated on Same day
Jan 2003 : Appeal was Filed in TSC
Till April 2003: Online and AVM stated the case was denied.
May 2003 : Online Status Changed from "Denial" to "Pending"
June 2003: AVM also changed from "Denial" to "Pending"
July 2003: Case Transfered to AAU, Washington and Online And AVM status Changed.
Better try to get the details of Denial. If it is Employer related then change your employer and file I-140/I-485 using Substitute Labor.
Naanshi.
thanks
thanks Naanshi for your detailed response.
Today I met attorney. He is doing all the following 3 things:
1. filing 140 using same labor.
2. filing fresh labor.
3. appeal against denied 140.
In first case I may have chance depends on the officer.
Please let me know once you know about your appeal.
Good luck.
thanks Naanshi for your detailed response.
Today I met attorney. He is doing all the following 3 things:
1. filing 140 using same labor.
2. filing fresh labor.
3. appeal against denied 140.
In first case I may have chance depends on the officer.
Please let me know once you know about your appeal.
Good luck.
Naanshi,
Where did u see this memo. Please see your message below.
Can u please post the link to this memo or where you got this info from.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job".
Where did u see this memo. Please see your message below.
Can u please post the link to this memo or where you got this info from.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job".
Hi Sivaa,
Looks like I did not read it properly. It is "Combination of Education and Experience" . Not combination of Degrees.
Here you go.
Source: www.immigration.com
******************************************
Minimum requirement for ETA 750s
The centers present rule for EB-2 and EB-3 cases is where the labor certification needs a U.S bachelor's degree, a U.S. bachelors' degree is taken or a single foreign degree is same of a U. S. bachelor's degree. The favored seeks to qualify on the number of education or experiences he has. The labor certification should exactly explain the combination of education and experience that the employer will take as the equivalent of the bachelor's degree.
*******************************************
The link:
http://www.immigration.com/newsletter1/ne100103.html
naanshi.
Looks like I did not read it properly. It is "Combination of Education and Experience" . Not combination of Degrees.
Here you go.
Source: www.immigration.com
******************************************
Minimum requirement for ETA 750s
The centers present rule for EB-2 and EB-3 cases is where the labor certification needs a U.S bachelor's degree, a U.S. bachelors' degree is taken or a single foreign degree is same of a U. S. bachelor's degree. The favored seeks to qualify on the number of education or experiences he has. The labor certification should exactly explain the combination of education and experience that the employer will take as the equivalent of the bachelor's degree.
*******************************************
The link:
http://www.immigration.com/newsletter1/ne100103.html
naanshi.
Last edited by a moderator:
I have re-filed 140 today only.
we are also going to Appeal with Motion to re-open. This will go to same officer who denies my 140. If he still denies the Motion, then my case will be treated as pending for appeal. This has to go to washington and it may take around 12 months.
I have also filed for new labor.
Naanshi,
1) In this situation can I file 140/485 from different company?
If so, I will be filing 2 140's from 2 companies at the same time.
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
thanks naanshi.
we are also going to Appeal with Motion to re-open. This will go to same officer who denies my 140. If he still denies the Motion, then my case will be treated as pending for appeal. This has to go to washington and it may take around 12 months.
I have also filed for new labor.
Naanshi,
1) In this situation can I file 140/485 from different company?
If so, I will be filing 2 140's from 2 companies at the same time.
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
thanks naanshi.
Last edited by a moderator:
Hi Babu,
1) In this situation can I file 140/485 from different company?
If so, I will be filing 2 140's from 2 companies at the same time.
----Yes, You can. I-140 is mainly for the company and you can file 2 I-140s from Different companies.(You can even file two I-140s from same company and withdraw one later, after getting one of those approved)
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
-----Yes, You cannot use AC21 rule because I-485 will be also denied if underlying I-140 is denied.
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
------"Horrible". As far as I know (source: www.immigration.gov), normally 99% of cases will be also denied in Appeal.
My strong belief is that if a case goes to AAU, Washington for appeal, "FORGET" it.(Your case may get approved if you have extreme Luck and that too after some year) That's what I did. My case went to AAU in the First week of July 2003 and in the Last week of July, I was with my new Employer (Of course with my current Client).
All the Best,
Naanshi.
1) In this situation can I file 140/485 from different company?
If so, I will be filing 2 140's from 2 companies at the same time.
----Yes, You can. I-140 is mainly for the company and you can file 2 I-140s from Different companies.(You can even file two I-140s from same company and withdraw one later, after getting one of those approved)
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
-----Yes, You cannot use AC21 rule because I-485 will be also denied if underlying I-140 is denied.
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
------"Horrible". As far as I know (source: www.immigration.gov), normally 99% of cases will be also denied in Appeal.
My strong belief is that if a case goes to AAU, Washington for appeal, "FORGET" it.(Your case may get approved if you have extreme Luck and that too after some year) That's what I did. My case went to AAU in the First week of July 2003 and in the Last week of July, I was with my new Employer (Of course with my current Client).
All the Best,
Naanshi.
Naanshi,
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
-Yes, You cannot use AC21 rule because I-485 will be also denied if underlying I-140 is denied.
--------But if my company does not withdraw the petetion, after 140 approval , my 485 will be active and i can look for 485 approval from then right?
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
------"Horrible". As far as I know (source: www.immigration.gov), normally 99% of cases will be also denied in Appeal.
My strong belief is that if a case goes to AAU, Washington for appeal, "FORGET" it.(Your case may get approved if you have extreme Luck and that too after some year) That's what I did. My case went to AAU in the First week of July 2003 and in the Last week of July, I was with my new Employer (Of course with my current Client).
---------actually how appeal works? I do not know the procedure, what my attorney did for appeal.
Where does it go first? Does appeal has many stages or just one stage which is AAU, Washington.
What are the chances of Re-filing I 140? Because while filing 140 again, we have mentioned that previously one 140 was already applied and denied. This case why an officer wants to approve the 140 again?
Naanshi, do you know any company which has approval labor?
thanks
2) If appeal takes 1year, Do I need to stay with same company until appeal is denied or approved?
-Yes, You cannot use AC21 rule because I-485 will be also denied if underlying I-140 is denied.
--------But if my company does not withdraw the petetion, after 140 approval , my 485 will be active and i can look for 485 approval from then right?
3) Normally what is the trend for Appeal? Does Appeals will be denied or approved?
------"Horrible". As far as I know (source: www.immigration.gov), normally 99% of cases will be also denied in Appeal.
My strong belief is that if a case goes to AAU, Washington for appeal, "FORGET" it.(Your case may get approved if you have extreme Luck and that too after some year) That's what I did. My case went to AAU in the First week of July 2003 and in the Last week of July, I was with my new Employer (Of course with my current Client).
---------actually how appeal works? I do not know the procedure, what my attorney did for appeal.
Where does it go first? Does appeal has many stages or just one stage which is AAU, Washington.
What are the chances of Re-filing I 140? Because while filing 140 again, we have mentioned that previously one 140 was already applied and denied. This case why an officer wants to approve the 140 again?
Naanshi, do you know any company which has approval labor?
thanks
Last edited by a moderator:
appeal
My attorney is also planning to appeal my I140 and re-filing the I140 under EB3 catagory. The issue with I140 denial is due to 3 year degree.
I am curious, what additional evidence are you filing with the appeal. I am planning to file the appeal early next week. Your input is appreciated.
Thanks.
My attorney is also planning to appeal my I140 and re-filing the I140 under EB3 catagory. The issue with I140 denial is due to 3 year degree.
I am curious, what additional evidence are you filing with the appeal. I am planning to file the appeal early next week. Your input is appreciated.
Thanks.