Written Decision Mailed-Help Please

H

hydap

Registered Users (C)
Hi,

Last night I was listening AVM at NSC, Message was 'Written Decision has been mailed' - Anyone know what does it mean and can you please provide me more info about steps I need to take in case of Denial. My H1-B 6 years term is expiring in July 2003.
Your information will be highly appreciated.

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
EB3
 
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Sorry, Hydap, it is a denial.

What is the PGDCA trnnscript? Can you think of any possible reason the case may be denied. I think it is possible that your background does not match that in the LC. If that is the case, you have to start over. If there is only minor problem, you can re-file your I-140 to TSC. Now you can submit I-485 together.

Please let us know the reason for the denial.
 
Sorry to hear about it

I hope there is some way out of this for you. How many years of experience do you have and what is your basic education.

All the best
 
PGDCA is Post Graduate Diploma in Computer Applications which is my 16th year degree(12 + 3 + 1).
My LC matches exactly what qualifications I have. I can't guess anything else. I have total 9 years IT experience.
 
Hydap, I can guess the reason for the denial,

but first let me know what is the LC requirement. I guess the LC required BS in CS with certain years of experience. You have 3-year BS and 1 year postgraduate diploma. In US, BS means 4-year BS. Sometimes the IIO is picky. I do not know if you have evaluated your degree in US.

The rule in TSc is generally loose in that matter, so you should refile your case to TSC ASAP.
 
Hi GKing

I have done my education evaluation in US and it says Equivalent to BS in CS. LC Requirement also Same.

Refile means I have to start from the scratch or I can refile my I140 ?
 
Written Decision means it's a denial, but....

Written Decision means it's a denial, but INS will give 30 days to appeal against the ruling. Go for the appeal as it will buy you time to get the 7th year extension. It will take atleast 18 months to process the appeal. mean while apply for the fresh labor. YOu will be safe even if you get the ruling against your appeal

I experienced the same situation, My I-140 got denid and I appealed and my case was approved after 20 months

Good Luck !!!
 
Friend just had the same problem.

One of my friends received a denial in March for I140 (EB3). Her problem was very similar to yours. She had a B.Sc from India. And the reason they gave for denial was educational qualifications not met.

Her lawyer suggested she refile as compared to fight the denial, since fighting would mean another 18 - 20 months of delay while reapplying on the same labor would come sooner. EB2 procesing is currently on 7/31 and EB3 on 5/27.

To cut a long story short, she filed for I140 again and this time it went through just fine.

I suggest you talk to your lawyer to decide if you should file again or fight the verdict. These case officers are really dumb sometimes and very very picky. Next time around you could get a less anal case officer and you will fly through.

Good Luck!
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:cool:
 
My Attorney decided to file for motion and new labor. Using same labor can I apply I140 again ? My employer was telling that I cannot use the labor since they submited Original LC with the first 140 application.
 
Usine experience to get to the required bachelor's degree on an H-1 presents no issue at all (for example, bachelors degree in Physics, 8 years IT experience evaluated as the equivalent of a US BS in CS (hosw's that for abreviatioans?)) but it presents severe, and often insurmountable, problems in the GC process. Particularly if the issue is not identified and addressed prior to filing the LC.
 
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