140 Appeals

S

sivaa

Registered Users (C)
Hi all,
I am starting a new thread to share information about 140 appeals in Nebraska Service Center.

Please post details like denial reason, appeal sent date etc
 
Hi Sivaa,
If I remember correctly, in Nik Reddy's case, I-140 was denied due to missing of Original labor certificate. When he filed appeal with Original labor, his case got approved. It was in NSC.

My case was denied in TSC due to H1B violations in the company and the appeal was transferred to AAU, Washington.

Nanshi.
 
My I-140 (NSC) was denied for :

Employers Ability to Pay Proferred Wage
Educational Qualifications

Appeal and Motion to Reopen reached AAO on 09/02/03, no decision yet. Will start packing up next month to leave USA by the end of October.

H1-B 6 years expired in May 2003
 
dhamaka,
why do u want to leave usa? u can get year by year extesnion on your h1b untill a final decision is reached on your case.

Please post details about your education and when did u file your case with the service center. when was it forwarded to aau from the appeals center. Please also post your service center. is is nebraska or something else
 
I think H1-B can be extended only if one has a Labor Cert pending for over 180 days. In my case I have already passed that stage long back.
I have Bachelors degree from Mumbai University, appeal was received by AAO on Sept 3rd, I-140 denied first week of August 2003, my center is Nebraska.
Don't want to stay more than 180 days to be barred.
 
Hi Dhamaka,
You can get h1 7th year extension for 2 reasons. First one is like u said, if u have a labor pending for more than 1 year. the second thing is if your 140 decision is pending. So u can get 7th year extension until a decision is reached on your 140 appeal. my 140 is under appeal and I applied for a 7th year extension. Check with your lawyer about it.

regarding education, check this link
http://www.murthy.com/ukmurtak.html
it might be helpful to you.
 
As the I-140 is already denied, one cannot apply for 7th year extension. Appeal is pending after denial. However if your 7th year extension comes thru, please let me know.
 
7th year extension

Sivaa,

What happened to your 7th year extension and appeal? Please post any developments. I am planning to appeal my I-140 early next week.

Thanks.
 
3 year degree

Sivaa,

My I140 denied due to 3 year degree + 2 year computer course evaluated to bachelor's degree but BCIS wants single degree and not combination of degrees (my labor cert says bechelor's degree required) so they rejected it.

When appeal is pending, can you still get the extension on H1B (7th year)?
 
my lawyer told me that we can get 7th year extensions until the appeal is either denied or approved.

What service center are you in? did u appeal the denial.
Did u see the article in Murthy's website?

Could u post some of your details like degree in India etc.
 
details

I have B.com from OU in India and 2 year advanced diploma in systems management from NIIT.

Service center: Vermont

My attorney is preparing documents, and planning to appeal this week. Yes, I have seen the Murthy's web site thing but unfortunately service cennters are saying that the letter from Hernandez is not binding on them(basically they don't care). We might need a similar interpretation from higher authority (above Mr. Hernandez)

Did your attorney find anything intersting that might be helpful to my case(can you please share)?
Thanks.
 
tsnaresh,
You said in your previous post

"I have seen the Murthy's web site thing but unfortunately service cennters are saying that the letter from Hernandez is not binding on them"

Where did u get this information from. If you read it somewhere can u please send me the link to that?
 
attached

Hi Sivaa,

I am attaching Nebraska Service Center Liaison Minutes - Meeting of August 2003. I didnot hear anything on this from Vermont or any other service centers, yet.
 
tsnaresh,
thank you very much for that link. It is confirming that the NSC will definately deny the 140 appeal also.

Where did u get this information from. Do the AILA people talk that regularly with NSC.
 
My attorney passed onto me. Not sure how frequently they meet. Actually, I amplanning to ask Murthy about the same in today's Murthy chat. If you like you may join the chat.
 
naresh, I sent sheela murthy a question in yesterday's chat but she did not reply to that.

What is happening with the class action lawsuit.
 
lawsuit

Sivaa,
so far, I got only one response. It is expensive so I am wondering if more are people interested then we can look into the feasibility. Are you interested?

Did you file the appeal? what reasons your attorney mentioned in the appeal. Can you please send the details to tsnaresh@hotmail.com?

Thanks.
 
Naresh

I have read the URL you have given.

It clearly says that(questions 12,13,14,15) BCIS will not accept combination of degrees. I was shocked to know that.

Then what is the use of refiling, appeal, motion to reopen?
 
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