Please post update results. tsnaresh and unitednations can you please e-mail me your educational evaluations. Please e-mail the evaluation which got 140 reopened. e-mail to skonegalla@hotmail.com. Thanks
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140 Appeals
- Thread starter sivaa
- Start date
indgcmagic
Registered Users (C)
Educations equivalency
BCIS,
Can you detail your case : description in ETA 750 of Labor, your educational background and if you attached any evaluation with your 140.
I applied for 140 in March'04. I have a 3 year BS math degree from India and I have 2+ years of diploma from non-recognized institution. My labor has these words "bachelors in computers or related field of study". I haven't heard anything so far, but I am sure this is not going to be smooth.
BCIS,
Can you detail your case : description in ETA 750 of Labor, your educational background and if you attached any evaluation with your 140.
I applied for 140 in March'04. I have a 3 year BS math degree from India and I have 2+ years of diploma from non-recognized institution. My labor has these words "bachelors in computers or related field of study". I haven't heard anything so far, but I am sure this is not going to be smooth.
tsnaresh,
Did you get any update on appeal? please let me know.
i need some supporting info for appeal.
Thanks,
Did you get any update on appeal? please let me know.
i need some supporting info for appeal.
Thanks,
tsnaresh said:I think you are fine, you have ("Foreign Academic Equivalent" )alternate education requirement specified in the labor. Good luck.
lonelypoet
Registered Users (C)
I-140 Denied
My I-140 got denied, reasons are as following
My 3 year degree and diploma plus nearly 8 years of experience is not counted equvilent of Bachelors degree in US
Employers ability to pay.
My I-140 got denied, reasons are as following
My 3 year degree and diploma plus nearly 8 years of experience is not counted equvilent of Bachelors degree in US
Employers ability to pay.
Akash Sharma
Registered Users (C)
what is motion to reopen? What is deifference between appeal /MTR?
are you going for appeal?
lonelypoet said:My I-140 got denied, reasons are as following
My 3 year degree and diploma plus nearly 8 years of experience is not counted equvilent of Bachelors degree in US
Employers ability to pay.
lonelypoet
Registered Users (C)
I will appeal
I will appeal. There is nothing else I can do. What other choice I have after leaving everything in India and working here as well becoming part of the society here I can't go back to nothing.
I will appeal. There is nothing else I can do. What other choice I have after leaving everything in India and working here as well becoming part of the society here I can't go back to nothing.
indgcmagic
Registered Users (C)
Lonelypoet/Naanshi
I sent a pvt msg to both. Can you reply when you have time.
Thx,
I sent a pvt msg to both. Can you reply when you have time.
Thx,
unitednations,
Is one form 290B is enough for both?
Fee structure is only $110 for both appeal &mtr or i have to keep another $110 for mtr. Please let me know.
My attorney saying that both are same? But, I’m willing to go appeal as well as MTR like you....
Please advice me.
Is one form 290B is enough for both?
Fee structure is only $110 for both appeal &mtr or i have to keep another $110 for mtr. Please let me know.
My attorney saying that both are same? But, I’m willing to go appeal as well as MTR like you....
Please advice me.
RatherGetShot
Registered Users (C)
Siva,
My I140 has not been applied for as yet but most likely it will get rejected. My LC says BA (CS/Engineering or equivalent) and I am a BA with a PGDBA in IS. For my original evaluation for LC I used my 3 year degree + work experience. Did not use my PGDBA transcripts as I had not completed the course (had to do the finals.) Now after reading on the forums I contacted my lawyer and she says we must do a new evaluation - this time using the marks transcripts for the PGDBA showing 21 months of higher education. Considering that many applicant who are using 3 yr degree + 2 years PGDBA, MA etc. are getting rejected I think the chances of my case getting rejected are quite high. I have 9 years of IT experience which my lawyer has advised me not to use. My H1B expires on April 14th 2005.
My question is:
a) Can I apply for a fresh LC through my company? It has been nearly a year since my old LC was approved.
b) I know there is a 6 month wait before filing for LC if LC was rejected once. Does the same rule apply in my case? I mean, my LC was not rejected but more than 6 months have passed.
Your reply will be much appreciated.
Thanks,
RatherGetShot.
P.S: Is it possible for my LC to be transfered to someone else in case I-140 and 485 is rejected? If so, is it possible to transfered my LC to someone else without starting the I-140/I485 process and just start a new LC process for me?
Thanks again,
RatherGetShot.
My I140 has not been applied for as yet but most likely it will get rejected. My LC says BA (CS/Engineering or equivalent) and I am a BA with a PGDBA in IS. For my original evaluation for LC I used my 3 year degree + work experience. Did not use my PGDBA transcripts as I had not completed the course (had to do the finals.) Now after reading on the forums I contacted my lawyer and she says we must do a new evaluation - this time using the marks transcripts for the PGDBA showing 21 months of higher education. Considering that many applicant who are using 3 yr degree + 2 years PGDBA, MA etc. are getting rejected I think the chances of my case getting rejected are quite high. I have 9 years of IT experience which my lawyer has advised me not to use. My H1B expires on April 14th 2005.
My question is:
a) Can I apply for a fresh LC through my company? It has been nearly a year since my old LC was approved.
b) I know there is a 6 month wait before filing for LC if LC was rejected once. Does the same rule apply in my case? I mean, my LC was not rejected but more than 6 months have passed.
Your reply will be much appreciated.
Thanks,
RatherGetShot.
P.S: Is it possible for my LC to be transfered to someone else in case I-140 and 485 is rejected? If so, is it possible to transfered my LC to someone else without starting the I-140/I485 process and just start a new LC process for me?
Thanks again,
RatherGetShot.
Last edited by a moderator:
My I140 was denied on May 11, 2004 due to education equivalency.
I was in India at that time. My lawyer filed an apeal on May 28th.
I had recieved a FP notice for May 20. I had to postpone this due to my vacation in India.
I have now recieved another FP notice for June 19.
Is the FP notice valid after my I140 denial ?
How long does it take for the appeal ?
Would my I140 and I485 be processed at the same time since it is after APR 30 ?
I was in India at that time. My lawyer filed an apeal on May 28th.
I had recieved a FP notice for May 20. I had to postpone this due to my vacation in India.
I have now recieved another FP notice for June 19.
Is the FP notice valid after my I140 denial ?
How long does it take for the appeal ?
Would my I140 and I485 be processed at the same time since it is after APR 30 ?
RS74,
Sorry to hear about the denial.
1. FP Notice is sent as the part of I-485 processing. But when I-140 is denied, then I-485 will be also denied. So there is no meaning for FP.
2. Appeal will normaly take years. Mine (Previous Case) took exactly 16 months to come with same decision.
3. I don't follow your 3rd question. When I-140 is denied, I-485 also will be denied.
File the appeal. But Always try for other options, other than waiting for Appeal decision.
nanshi.
Sorry to hear about the denial.
1. FP Notice is sent as the part of I-485 processing. But when I-140 is denied, then I-485 will be also denied. So there is no meaning for FP.
2. Appeal will normaly take years. Mine (Previous Case) took exactly 16 months to come with same decision.
3. I don't follow your 3rd question. When I-140 is denied, I-485 also will be denied.
File the appeal. But Always try for other options, other than waiting for Appeal decision.
nanshi.
Eshwar Mandava
New Member
I 140 denied
Hi folks
I am sorry to hear about 140 denial.I am in the same boat. The problem i have is that I work for department of labor any my labor certification is approved with 4 years of expereince, but I have only 3.9 years expereince. I filed 140/485/EAD/AP and I got approved EAD and AP for my wife. She went back to india and enter the US using AP. My finger printing is done and I got 140 denied since i am lacking 3 months. We are confused and what can i do, should i appeal the case. What can i do for my wife to be in status. She actually came to USA on F1 and she got OPT valid till AUG 2004.
What grounds i can appeal this case and my lawyer says we cannot appeal because, there is no ground to appeal.
Suggestion or comments are welcome.
Hi folks
I am sorry to hear about 140 denial.I am in the same boat. The problem i have is that I work for department of labor any my labor certification is approved with 4 years of expereince, but I have only 3.9 years expereince. I filed 140/485/EAD/AP and I got approved EAD and AP for my wife. She went back to india and enter the US using AP. My finger printing is done and I got 140 denied since i am lacking 3 months. We are confused and what can i do, should i appeal the case. What can i do for my wife to be in status. She actually came to USA on F1 and she got OPT valid till AUG 2004.
What grounds i can appeal this case and my lawyer says we cannot appeal because, there is no ground to appeal.
Suggestion or comments are welcome.
Don't worry....You can change the status with in 180 day's.. You can goback to previous status.
spouse: Stop working on EAD
Appeal: a big question on posibility as you said No further evidences.
spouse: Stop working on EAD
Appeal: a big question on posibility as you said No further evidences.
Mandavae said:Hi folks
I am sorry to hear about 140 denial.I am in the same boat. The problem i have is that I work for department of labor any my labor certification is approved with 4 years of expereince, but I have only 3.9 years expereince. I filed 140/485/EAD/AP and I got approved EAD and AP for my wife. She went back to india and enter the US using AP. My finger printing is done and I got 140 denied since i am lacking 3 months. We are confused and what can i do, should i appeal the case. What can i do for my wife to be in status. She actually came to USA on F1 and she got OPT valid till AUG 2004.
What grounds i can appeal this case and my lawyer says we cannot appeal because, there is no ground to appeal.
Suggestion or comments are welcome.
Eshwar Mandava
New Member
I 140
Thank you for your information and support on denial. I am filing Motion to reopen. I was depressed and thinking what should i do, but suddenly i remember that I worked as Graduate Assistant(Information Management System) in USA from Aug 1997 to July 1998. So I am planning to use along with W2 forms that I worked during that time period.
Please give your suggestion whether I can use this evidence which never included in my labor certification. what are the chances of accepting this evidence
when we file Reopen the application, is EAD valid and she will be in status,and can I file to renew EAD.
Thank you
Thank you for your information and support on denial. I am filing Motion to reopen. I was depressed and thinking what should i do, but suddenly i remember that I worked as Graduate Assistant(Information Management System) in USA from Aug 1997 to July 1998. So I am planning to use along with W2 forms that I worked during that time period.
Please give your suggestion whether I can use this evidence which never included in my labor certification. what are the chances of accepting this evidence
when we file Reopen the application, is EAD valid and she will be in status,and can I file to renew EAD.
Thank you
Last edited by a moderator:
Please post details of ETA 750 details, it will help to discuss more on this
Mandavae said:Thank you for your information and support on denial. I am filing Motion to reopen. I was depressed and thinking what should i do, but suddenly i remember that I worked as Graduate Assistant(Information Management System) in USA from Aug 1997 to July 1998. So I am planning to use along with W2 forms that I worked during that time period.
Please give your suggestion whether I can use this evidence which never included in my labor certification. what are the chances of accepting this evidence
when we file Reopen the application, is EAD valid and she will be in status,and can I file to renew EAD.
Thank you
Eshwar Mandava
New Member
Eta 750
Details of my ETA:
Education:
Grade school: 8Major field: SCI OR MIS
High School: 4
COllege: 4
College degree required: Bachelor's comp
Expereince: Job offerd: 4Yrs
Related occupation: 6yrs
Related Occupation: Lead Web Dev
When I filed labor certification I added only 3.9 yrs expereince
I 140 Denied because I am lacking 3 months to meet 4 yrs.
Now I want to show them that i worked as Graduate Assistant from Aug 1997 to Dec 1998
My education Qualification: Master's (MIS)
That is my ETA
Thank you
bcis said:Please post details of ETA 750 details, it will help to discuss more on this
Details of my ETA:
Education:
Grade school: 8Major field: SCI OR MIS
High School: 4
COllege: 4
College degree required: Bachelor's comp
Expereince: Job offerd: 4Yrs
Related occupation: 6yrs
Related Occupation: Lead Web Dev
When I filed labor certification I added only 3.9 yrs expereince
I 140 Denied because I am lacking 3 months to meet 4 yrs.
Now I want to show them that i worked as Graduate Assistant from Aug 1997 to Dec 1998
My education Qualification: Master's (MIS)
That is my ETA
Thank you
I believe, You can add Graduate Assistant experience, it will be good chance to prove 4 year exp.
Mandavae said:Details of my ETA:
Education:
Grade school: 8Major field: SCI OR MIS
High School: 4
COllege: 4
College degree required: Bachelor's comp
Expereince: Job offerd: 4Yrs
Related occupation: 6yrs
Related Occupation: Lead Web Dev
When I filed labor certification I added only 3.9 yrs expereince
I 140 Denied because I am lacking 3 months to meet 4 yrs.
Now I want to show them that i worked as Graduate Assistant from Aug 1997 to Dec 1998
My education Qualification: Master's (MIS)
That is my ETA
Thank you