140 Appeals

taking a chance

Babu1971,

You are right, appeal, etc may not help. But even if there is a 1% chance, I would like to try it. It won't hurt (other than financial).
One more thing, the interpretation of degree is not uniform across all govt agencies. Ex: DOL is fine with combination of degrees.

Shivaa, babu1971 and CJ can you please email (tsnaresh@hotmail.com) your phone numbers and we will discuss lawsuit option. Thanks for your interest also, we can discuss the appeal (other issues) and help each other.

Thanks.
 
I-140 Apeal

Hello ,
I am another victim of NSC Educational interpretational CRAP !.
My I-140 got denied in March 2003 & on My attroney's I Apealed back in Apr. 2003 and now its pending with AAO from Jun2003 onwards. No word deom AAO yet and of course its EB3 Category so timeframe is more than the actual Hopes ..:)

I mentioned about the attachment (liasion doc.) with my attorney & he suggest now to file suit against BCIS. anyone here have any thoughts about it. if convient also can communicate via email brijrajput@hotmail.com. Thanks,
 
I am ready for it. But first some lawyer has to be ready to take our case. Approx how much will it cost. Also I am planning to leave this country soon, to avoid 180 days limit (My H-1 expired close to 5 months ago). Much of my details are on I-140 Denied Thread and other threads wherever there is mention of I-140 denial
 
thanks dhamaka

Thanks for your interest. If more people join the cost will come down. I have sent an email to Rajiv khanna and Murthy (cost related). I will let you all know once I hear from them.
 
tsnaresh,

My corprate not open any details on my 140 even LIN#. So How can I join in law suit.

thanks,
 
I do not understand on one thing if I re-think on my case.


Why BCIS did not deny my labor if they think my educational qualification not as per mentioned in the labor.

If they think it is not equal they should deny at labor level itself but they are approving labor and denying 140 stage.

This is really rediculous.
 
United Nations,

Please post here once you get approval.
When did you file your response to RFE?


Yours Is EB3 and Nebraska service certer?
 
it is rediculous

Dhamaka,

You are right, it is weird to point the education equilency at this stage. Basically, DOE and DOL accepts the combination of degrees and service center is NOT. so thier different departments have thier own interpretation not consistent with each other.

I have filed the appeal and and motion to re-consider based on following points (thought we can share to help each other)

1. I have got an addission into MBA program at one of the accredited US universities based on my educational qualifications, argued US universities considers my qualifications equivalent to US bachelor's. Submitted thier admission letter.

2. Inconsistent interpretation among different govt organizations (DOE, DOL, and SC).

3. Inconsistent interpretation from HQ (Hernandez letter).

4. We did a course by course evaluation (by professor) and proved it is equal to bachelor's. It is different from combination of degrees.

5. Argued this interprtation is recent policy change (they used approve these cases before) and recent policy changes should not be applied retroactively (my original PD is April 2001). We sited some cases to argue this point.

Lets see how this goes. Please do post your arguements, if your attorney gets any different idea we all can use them.

Thanks.
 
Active

Hi Naresh,

1)Is there any time limit to appeal because my case denied in May03?( I noticed 30 or 33 days as per BCIS)
2)Is there any defference on appeal/re open/re consider?
3)My employer proposed on new 140(Labor substitute) fileing and he told me there is no need to file 485 again.
Could I re use my denied 485? How it can be active?


So please post your/attorney ideas.

thanks,
 
A0001

Hi A0001,

Answers:

1. you are right, the time limit is stated in the notice (30 or 33).

2. Normally, people do both (appeal and motion to reopen)
To my understanding motion to reopen goes to same person and appeal goes to different office when there is enough eivdence (documents) to support the arguement.

3. Sorry, I don't know.
Thanks.
 
tsnaresh,

When you got a course by course evaluation, was it equivalent with 3years degree to a US BS?
 
Oops... i should have word it differently.

what i meant was did your EAD get initially approved before your 140 was denied?

since EAD applications are taking 2-3 months for processing compared to 6 months for 140.

thanks
 
When I-140 is denied, how much time does it take BCIS to deny rest of the applications (I-765, I-485, I-131). Do these other denials go at their own speed and once the date of your processing is reached, they see that your I-140 is denied and then they deny that particular application (e.g. I-485)?
Any ideas
 
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