140 denied - please read

[smkr999]

Hi Unitednations

Hi Unitednations

thznx a lot for your reply

please could tell me how many days takes if I with draw this appeal

approxmately how many days process takes

and we can use sub lab for spouse to apply again fresh like .....

once again please give me details if u dont mine

thanx a lot
smkr999

 

[smkr999]

Hi U N

HI UN

thanx a lot for your help...for ever

could U tell which way is best ....if apply for spouse
first good for only I-140 or else
can they apply for whole package I-485 plus I_765, I-131(concurrently)
please tell me which way is best avoid mor querry's

thanx very much
smkr999

 

[xyr888]

unitednations--please help

unitednations,

I have the very similar situation as "smkr999". Please give us advice/suugestion to save our case.
Recently I got RFE on 140 regarding not submitting my previous exp. letters and my lawyer responded CIS last week with 2 exp. letters for 6 years (My own labor, EB3 requires only 2 years of exp., but on my own ETA 750B, I did not enter proper job duties for my past exp. Now my previous employers wrote 2 letters to verify I had over 6 years related exp. in this field both in the United States and abroad.) My lawyer told me that my case might be denied due to the improper entry duties on ETA 750B by myself (Note: I did not have lawyer while filing my own labor, I did not enter those duties related to my current job on 750B, I was dumb at that time.)

If my case is rejected by CIS in the next weeks, could my wife use my labor as substitute to apply for her 140? We work for the same employer, higher education college at the different locations in the same county in CA. Her education and previous work exp. has made a perfect match to my labor requirements and we have the same/similar background, like same degree in U.S.
If I got denied, when can I withdraw my case, after the denial notice without "Motion to Re-open/AAO", or Motion to reopen/AAo pending? If my wife uses my labor as substitute, is this employment a future one since I 'm working on this position currently?
Can you address more/in detail that how to link to our previous concurrent I-485? You said if got 30 days to Motion to reopen/AAO, have to refile 485, I do not understand this part. When and how to link the new 140 to the old 485?

Thanks so much!
xyr888

 

[xyr888]

Thanks so much-unitednations

Thank you so much for your expertise on this matter. If my case is rejected by CIS like my attorney said, I will not file Motion to Re-open, instead I'll let my wife file this substitute labor for a new 140 based on your information.
If you do not mind, could you look into my case again and see if any chance of my case gets approval?
My Case:
EB3, own labor, PD: Nov. 2001, 2 years of exp. requirement
I just forgot to enter my duties (Incomplete duties entered) on 750B, but I did have over 6 years of exp. before my degree and before joining my current sponsoring employer ( I joined my sponsoring employer in March, 2001). My 2 previous employers' letters show and verify that I had over 6 years exp. related specifically to my current job duties before joining my sponsoring employer (1 year in U.S and 5.3 years abroad). I consulted some other expertise, lawyer, or paralegal, they all said it should be approved; but I do not know why attorney is so pessimistic this time for this 140 RFE. Any inputs?

Thanks again.

 

[smkr999]

Hi Hello Unitednations

Thanks a lot for your info and help, I am very happy & feel liitle bit relief

I have one Q... U told me wait for I-140 Notice Receipt or
I-140 Notice approval

please give me details

what is mean link to I-485
our both r I-485 deneid in march 2005
due to I-140 deneil
how can we link to them
please give us idea then we talk to our lawyer......

once again thanks a lot I seen U helped lot of people in this net....

******God Bless you***********
and u r the best****

thanx
smkr999

 

[xyr888]

unitednations,

I'm so happy to get your positive reply that i still have some hope/chance to have my case approved after response to 140 RFE.
Thanks again. In my first 2 postings above, I forgot to mention one thing that I did gave my 2 previous exp. letters to my attorney, but my attorney mistakenly forgot to submit my 2 exp. letters to CIS along with 140/485. So this is why CIS issued 140 RFE for exp. letters ( In RFE: The beneficiary did not submit exp. letters. The petitioner needs to provide evidence that the beneficiary possess the 2 years of exp. mentioned on ETA 750. The exp. letters should be submitted by the previous employers in their letterform...). My attorney opened a new line when he prepared for 140 RFE response that I did not enter the proper duties in my previous exp. history on 750B. Did he want to put his mistakes of not submitting my 2 exp. letters to CIS to my side? Even though I did not mention enough about my duties of my previous exp. on 750B, but I entered very proper entries on Item 12 on 750B for addition qualification and skills which are related specifically to my GC position. I have been VERY confused by my attorney this time after we received our 140 RFE regarding the previous exp. letters.
In addition, I have a very good sponsoring employer and the sponsoring employer wrote a verification letter to CIS this time to state that in the recuitment process of my position, the sponsoring employer has verified I had over 2 years of exp. in the related field before they hired me.
From my above clear statement of my case situation, do you still think my case will be approved.

I appreciate your valuable time on your weekend. We have no weekends these days after getting RFE and my attorney's pessimistic attitude on my 140 RFE.

i don't see any issue in your case getting approved.

 

[xyr888]

Thanks so much, unitednations. I'll let you know when I get any news about my case.

i don't see any issues with your case. it will get approved.

 

[smkr999]

Hi Unitednations

Thanks a lot for your reply

I have one more Q....
EB-3 for I-140
is it eligible for EB-3 any 4 years single BS degree, is it okay,
or
specific, do we need spcialization particular degree ....

please let me know

once again

thanx
smrk999

 

[smkr999]

Hi Unitednations

Hi UN
thanx a lot for your imformation & help

I spoke to my lawyer about apply again I-140, he said we can apply next month,
another thing I-290-B it says 30 to 180 days, we were appeald in march first week 2005 we did not received any reply, we rcd only receipt.
As for your knowledge is it gone to Appeal office in DC or it is in VSC,
we have no idea where it is if its gone to DC there is no use, I think we have to wait another couple years.
Problem is combined education 3+1 year = 4 year degree
do u know any case success after appeal.........

One imp thing my spouse in H-4 can we apply direct I-140 & I-485 concurrently, or does she need to be convert H-1Bthen apply to I-140.
because already her H-4 is valid till 2006

please give us good idea if u dont mine really appreciate your help unforgettable..
that way we can paln and save some money, instead of jumping h-4 to h-1b
here to there, there to here

once again thank u very much for your real help....

smkr999

 

[smkr999]

Hi hello Unitednations

Any time there is a denial and you want USCIS to re-take a look at the application, you have to file as a minimum a motion to reopen. On top of that you can file an appeal to the administrative appeals office.

How it works is you can file a motion to reopen by itself or a motion to reopen/appeal.

Motion to reopen by itself there is no form. it is just a simple letter stating that you are filing a motion to reopen and then you state your case.

A motion to reopen/appeal the form is 290b.

In both cases the file goes back to the same adjudicator. If it is only a motion to reopen then the adjudicator decides whether he/she wants to approve it. If they decide they don't want to approve it then they will deny the motion to reopen and that will be it. Your recourse at this point would be to file another motion to reopen and appeal.

A motion to reopen and appeal; same thing, it goes back to the same adjudicator, however, the difference is if they don't want to approve the motion to reopen then they will automatically send it to the appeals office and you don't need to do anything.


Advantages/disadvantages;

If you do a motion to reopen only then you can only do a case status referral after 6 months of filing. However, if adjudicator denies the motion to reopen they will give reasons. You can address those additional reasons when you re-file the motion to reopen/appeal.

If you do motion to reopen/appeal; you can do a case status referral after 60 days to force adjudicator to make a decision or send to the appeals unit. However, if adjudicator denies the motion, you will not see the reason and they will forward to the appeals unit. You wouldn't get another chance to re-address their concerns as you wouldn't see the reasons.

Most people on the boards do a motion to reopen and appeal at the same time.

Hope that helps.

Hi UN
I have one thing when we received receipt for I-290B and it says 30 to 180 days, if incase they don't approved at service center then they send to appeal office in DC.
my final q.... is will they mention any information on I-290B status either we sent to appeal or denied or we need to call service center find out what is the status.....

please give me your answer if u dont mind
thanx
smkr999

 

[smkr999]

Hi Unitednations

Hi UN

please help me I will wait for your reply for above couple Quot.....s


once again thanx a lot

smkr999

 

[smkr999]

Hi Unitednations

Hi UN
thanx a lot for your imformation & help

I spoke to my lawyer about apply again I-140, he said we can apply next month,
another thing I-290-B it says 30 to 180 days, we were appeald in march first week 2005 we did not received any reply, we rcd only receipt.
As for your knowledge is it gone to Appeal office in DC or it is in VSC,
we have no idea where it is if its gone to DC there is no use, I think we have to wait another couple years.
Problem is combined education 3+1 year = 4 year degree
do u know any case success after appeal.........

One imp thing my spouse in H-4 can we apply direct I-140 & I-485 concurrently, or does she need to be convert H-1Bthen apply to I-140.
because already her H-4 is valid till 2006

please give us good idea if u dont mine really appreciate your help unforgettable..
that way we can paln and save some money, instead of jumping h-4 to h-1b
here to there, there to here

once again thank u very much for your real help....

smkr999

 

[GChelp123]

I-140 denial

Friends,

My employer had filed I-140 for me based on a substitute labor (4 years bachelor degree or foreign equivalent. Major field of study - EE/CS/CE or related field). I got a RFE in Nov 2002 for pay stub and edu eval, and later in Mar 2003, I-140 was denied (because the employer was unable to pay proffered wages + my education didn't match in labor cert).

My attorney filed MTR in Apr 03, later my case was transferred to AAO, after almost 2 years (I had to call my local congressman's office for help) I recently received the decision from AAO and to my disappointment they denied the I-140 application. They concluded that the employer is capable to pay the proffered wages but I don’t have a single 4-year degree certificate (I have 3 years B.com degree).

I don't know what are my options as far as I-140 decision is concerned, or is there anybody whose I-140 is approved based on 3 years degree + 1 year deficit coming from experience (usually 3 years experience is equivalent to 1 year degree deficiency)

Sincerely.

 

[smkr999]

Hi GC help 123

Hi
I seen your suitation I am also same boat 3+ 1 year = 4 year comb degree
I appeal in march 2005 still no body knows where its this case in VSC or AAO
in DC.
I lost hope thats why we are planing some other way
my spouse will apply for I-140 then I become a depend, see how funny
GC god knows now we are fasing hell.....like every one who got deneil

where is the problem there is solution...
based on this still I have hope ....
give me f/u all details then I will give u all.....

thanx
smkr

 

[smkr999]

Hi friends I-140 Approved

Hi friends
With GOD graces & all friends

My I-140 case is an approved after deniel & MTR/ Appeal
due to edu eval....

after 4 months from VSC

thanx
smkr

 

[GChelp123]

Hi friends
With GOD graces & all friends

My I-140 case is an approved after deniel & MTR/ Appeal
due to edu eval....

after 4 months from VSC

thanx
smkr

Hi smkr999, Congrats . Can you please give details about your labor (what exactly is in box 14 and 15) and what was the RFE?

 

[smkr999]

GC help 123

Hi GC help 123

In labour asked 4 year bac...lr degree + 2 year exp but mine is 3 + 1 year
I combined = 4 year degree
and I got fresh dgree eval... from Trustfort
finally approved with GOD graces
good luck and pray god...

thanks
smkr


My case is EB-3 VSC
Concurrently filed
I-140 & I-485, I-765 RD & ND Nov 2004
I-765 AD & Spouse I-765 AD
I-140 Denied, due to edu eval Feb 2005
I-290 RD & ND March 2005
Opened I-140 & I485 on MTR/Appeal
I-140 Approved June 2005
F5 ND July 2005
I-485 waiting ????????
*********
Spouse case

I-485 case is not opened till now and no Finger Prints ???????? hi friends please tell me do you have any info, how long takes for open file and gets FP of Spouse
also my final quot...... is do we need file for Spouse I-290 B or else do they open after primary applicant
or else do we need to call USCIS 1-800..... cust sevice

what about your case and spouse case please give me details if U don't mine
really appreciates ......

thanx
smkr 999

 

[sp05]

hi smkr,
hi as u know my case my i140 was reopened but no decision on it yet.so we sent VSC director a letter requesting to reopen i485 too since i140 opened they were supposed to open them.they sent back the letter with 290MTR form asking us to send $110 along with the form each for me and spouse to be considered for i485.so we sent them this week.
In the meantime we got EAD renewal for the spouse on july21.big surprise since we thought they dont renew it until i485 is open.LUD changed on 7/27and28 on i140 with no message change.i will update as i get to know anything else.

 

[smkr999]

Sp05

Hi Sp05
*****
Congrats I am very happy to see this message U will be on the track
and already U have green signal...

Please sp 05 I have one priavate mail...
please give me mail back
thanks
smkr