140 Appeals

I have 1 year PGDCA and 6 months CIC from Indira gandhi national university. The ed. eval did not give any credits.

Does your LC define what is meant by equivalent (BS or equivalent)? If not you might run into issues in future.
 
My I-140 EB3 (CSC) was approved yesterday.

Here is my case details,

I-140 EB3 Original LC
ND: 04/21/03
RFE: 07/17/03
RFE Replied On: 10/08/2003
I-140, EAD, AP, I-485 Denied on 10/15/2003
I-290B appeal to AAO and motion to reconsider filed on 11/17/03
I-140 approved on 12/18/2003
 
lcauser

Congrats friend,

Patience prevails. Good luck in the rest of your process.

Originally posted by lcauser
My I-140 EB3 (CSC) was approved yesterday.

Here is my case details,

I-140 EB3 Original LC
ND: 04/21/03
RFE: 07/17/03
RFE Replied On: 10/08/2003
I-140, EAD, AP, I-485 Denied on 10/15/2003
I-290B appeal to AAO and motion to reconsider filed on 11/17/03
I-140 approved on 12/18/2003
Click to expand...
 
WOW! Congrats Lcauser.


Originally posted by lcauser
My I-140 EB3 (CSC) was approved yesterday.

Here is my case details,

I-140 EB3 Original LC
ND: 04/21/03
RFE: 07/17/03
RFE Replied On: 10/08/2003
I-140, EAD, AP, I-485 Denied on 10/15/2003
I-290B appeal to AAO and motion to reconsider filed on 11/17/03
I-140 approved on 12/18/2003
Click to expand...
 
Congrats lcauser.

I know you very well in this site and observing that you are answering(By telling what you know) most of the questions.
I really appreciate and hapy to hear a good news for you.

Good luck.
 
Superb

Congratulations lcauser,

You made it and your advice to other people is and will always be appreciated.

Regards,
 
Education Evaluation

I appreciate your opinion guys...

I am just about to start my LC... But after seeing this thread that I understand I have to be very careful when choosing the words for education and qualification required when filing LC.

I have 3 year diploma in EEE and 1 year diploma in Computer applications. Both of them from India and from the state Government. I got these certificates are after a 12 year high school education.

A reputed NYC based evaluator, gave me evaluation for this education that of equal to BS in electrical and electronics and computer application.

Based on that , a 4th tier US university which is accredited in the US to give Graduate degree(I know few foreign students went to that with their F1 Visa), accepted me in to their Masters Degree program. This is equaling to a full time study but done in the evening college. After two year, I got a MS from this university.

Now, will I get a problem in getting LC, I-140 approval? What should the education and experiences be mentioned in the LC in order to get I140 approved??

I have total 8 year experience and out of it 2 years along with the MS degree.

Thanks a lot for you help.
 
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I found the below info on murthy.com. It looks like corrections can be made on the approved LC...

Chat User : I have got my labor approved in RIR. I do not have an MS equivalent degree, but I do have 8 years of experience. Can my I-140 be approved?

Attorney Murthy : Depending on the USCIS service center, it may or may not be possible to use experience to equate to the MS degree where the term "or equivalent" is not defined on the LC application. However, when the LC was approved, if the initial applicant who filed the ETA 750 B form was not qualified for the position, then a good attorney may be able to go back to the U.S. Department of Labor and request a correction of the job requirements on the grounds that the original applicant her/himself would not qualify for the LC approval. !However, when the LC was approved, if the initial applicant who filed the ETA 750 B form was not qualified for the position, then a good attorney may be able to go back to the U.S. Department of Labor and request a correction of the job requirements on the grounds that the original applicant her/himself would not qualify for the LC approval. Such corrections are difficult to obtain, but we have been successful with many such cases all over the country since obviously the attorney made a mistake when filing the LC as the person would not qualify for her/his own job
 
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I140 denied - please advise

I got the shock of my life just when I was about to leave the country for my vacation back home last week. My lawyer informed me that NSC has denied my I140 due to my education. I had a 3-yr degree and the reason is it is not equivalent to 4-yr college degree in USA.

NSC has already approved my EAD and AP (same for my wife who is a dependent). My question is why the denial when my attorney has already filed and obtained my LC and he went to a company to perform the assessment?

Next comes is what should I do now? My L1 visa expired in Nov 2003. My attorney said that he will do 3 things:

a) appeal;
b) refile I140 with CSC (I have since moved to CA)
c) get my L1 extension and my wife with L2

I am very stressed and anxious over this development. My online I140 status is still showing as pending. Can any gurus advise me?

a) what are the chances of an appeal? Given that I have already passed the LC?
b) am i out of status now since my L1 expired in NOv? CAn I still continue to work in my company?
c) When I refile my I140 at another service center, does that mean I will join the queue like a new applicant or will it be based on my ND?
d) If my wife is on L2, can she work and study in college?

I really appreciate any help/advise on what option I should consider next from any one of you who have the same experience.

Thanks so much.
 
Re: I140 denied - please advise

u did not get an rfe before denial?

lc and 140 r independent of each other. lc states what qualifications r reqd and 140 checks to see if u meet those qualifications.

u shud definitely appeal if u have 3 yrs degree and some additional 1 yr education leading to post graduate diploma or something.

refiling 140 at csc will lead to similar position. u shud get l1 extension immediately as i m not too sure abt ur status rite now. maybe gurus here can comment on it.
 
kclee60, what is your Ed. requirements on the approved LC. CSC is also notorious in denying I-140 due to ed. requirements.
 
I140 denied

Thanks lcauser & Humhong,

I have a Diploma in Marine engineering and went on to obtain my Chief Engineer's cert. of competency. I dont know what my LC states since my company attorney has it. Overtime I have pursued other professional courses and have extensive work experience in my present job.

I am not sure what option there is except to appeal and refile I140. During the appeal process, does my case goes back to the same officer?


Thanks
 
kclee60, talk to your attorney and find out the ed. requirements on your LC.

The other option is to file a new labor application.

The I-140 appeal will be sent to the same adjudicating officer who made the decision on your case.
 
Lcauser,

Thanks for your suggestion. My lawyer has filed I129 with CSC under premium processing to renew my L1 visa that expired Nov 2003. He told me he will appeal my I140 denial (NSC) and also file I140 with CSC. Is this possible? I think I saw your post that your I140 is also denied. What options have you pursue this date? Since I140 is denied, I was told that my EAD is also no longer valid and that I am not supposed to work and have to leave the country? Is that true?

Also if I refile LC as per your suggestion, that means the whole process starts from "ground zero" again? Correct?

I am so stressed up now with the denial. I thought my LC went through fine when the evaluation was done by another company and now NSC denied it based on my edu. eval.?

Thanks for sharing your views.
 
kclee60, my I-140 was approved by CSC after filing the I-290B appeal to AAO.

If you are using working on a EAD and your I-140 is denied then you are out of status (double check with your attorney). Unless you have a backup option such as L1, H1-B visa.

If you approved LC doesn't match your requirements or if it was not properly worded to match your ed. requirements then you could think of filing a new LC
 
lcauser,

thanks for your reply. can you respond to my email with your contact info so that i can discuss with you? my email address: kclee8@yahoo.com

my company attorney is not very cooperative and i am not sure if he is the one messing up my LC and I140.

Thanks/Ken
 
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