140 denied......

R

rayman6

Registered Users (C)
guys,

my 140 was denied today at NSC......

i hv only a year left. am planning to refile labor at TSC where i believe edu is evaluated better. Can u believe that hv a BSc Phy and 1yr and 7 months of diplomasin CS and 10 years of progressive work experience in CS/IT is not satisfactory enough at NSC? They denied my case stating that i had no sufficeint proof for rfe and that i hv a non equivalent degree..............

My $.02-

3 year degree guys- file elsewhere cos NSC is on a different planet... :eek:
 
rayman6 said:
guys,

my 140 was denied today at NSC......

i hv only a year left. am planning to refile labor at TSC where i believe edu is evaluated better. Can u believe that hv a BSc Phy and 1yr and 7 months of diplomasin CS and 10 years of progressive work experience in CS/IT is not satisfactory enough at NSC? They denied my case stating that i had no sufficeint proof for rfe and that i hv a non equivalent degree..............

My $.02-

3 year degree guys- file elsewhere cos NSC is on a different planet... :eek:
Click to expand...

Hi rayman6,

Sorry to hear about your I140 denial. Just my thoughts, since you are going refile your labor, ensure that your labor states 4years degree or its equivalient with work experience combined. These may not be the exact words adn your lawyer would know what to put, but specially the word equivalent is very important. All Indian degrees of 4 years are considered as Associate degrees here and cannot be cobined with the Additional diplomas unless the equivalient word exsists.

Godd Luck !!!
 
atulh said:
Hi rayman6,

Sorry to hear about your I140 denial. Just my thoughts, since you are going refile your labor, ensure that your labor states 4years degree or its equivalient with work experience combined. These may not be the exact words adn your lawyer would know what to put, but specially the word equivalent is very important. All Indian degrees of 4 years are considered as Associate degrees here and cannot be cobined with the Additional diplomas unless the equivalient word exsists.

Godd Luck !!!
Click to expand...
When I evaluated my 4 year degree from India with an evaluation agency here, they evaluated that 4-year degree as equivalent to BS degree in Electrical Engg here.
 
atulh said:
All Indian degrees of 4 years are considered as Associate degrees here and cannot be cobined with the Additional diplomas unless the equivalient word exsists.
Click to expand...


Think it should be 3 instead of 4...


One question : why can't labor have requirement for Associate degrees for 3 years guys with experience ....

Will it not simplify the process?
 
rayman6 said:
guys,

my 140 was denied today at NSC......

i hv only a year left. am planning to refile labor at TSC where i believe edu is evaluated better. Can u believe that hv a BSc Phy and 1yr and 7 months of diplomasin CS and 10 years of progressive work experience in CS/IT is not satisfactory enough at NSC? They denied my case stating that i had no sufficeint proof for rfe and that i hv a non equivalent degree..............

My $.02-

3 year degree guys- file elsewhere cos NSC is on a different planet... :eek:
Click to expand...

It is very unfortunate to hear this. Usually if it is in EB3, the chances are less to get denied. Other centers are good in EB3, even though you have 3 years degree. At the same time they denied all the EB2 - I-140's, with 3 years degree. EB3 is the safe bet. My I-140 was approved with 3Years BSc(Physics) + PGDCA + 10 years of experience, but in EB3.

Please let me know in what category[Whether in EB2, EB3] your I-140 was filed.
 
It's right decision to file in another Service center. But do not use the same Labor or Same employer.

Because in 140 applications employer has to specify the previous 140 filing details if he refills for same employee. Then automatically service center opens previous case. Then automatically service center will make denial your case again as duplicate petition.

So file with different employer while filing in another service center.



rayman6 said:
guys,

my 140 was denied today at NSC......

i hv only a year left. am planning to refile labor at TSC where i believe edu is evaluated better. Can u believe that hv a BSc Phy and 1yr and 7 months of diplomasin CS and 10 years of progressive work experience in CS/IT is not satisfactory enough at NSC? They denied my case stating that i had no sufficeint proof for rfe and that i hv a non equivalent degree..............

My $.02-

3 year degree guys- file elsewhere cos NSC is on a different planet... :eek:
Click to expand...
 
My situation

Gurus,

Please comment on my I140 application.

I used sub labor (EB3) after waiting for 4 years for my own labor and filed my I140 app at NSC in July 2005. The labor says :

Documented equivalent (academic only) of a US Bachelor's in Engineering, extensive training in software development and over 2 years of related progressively responsible experience.

I have a B.Sc. degree (2 years) and an MCA degree (3) years and over 10 years of experience before I140 was filed.

Any comments on my I140 app ?

Thanks
 
i140 denial

sree, a0001, atul

my bsc phy is a 3 year degree. the rfe was for what my phy was to do with the cs related labor and also they wanted to know if i need post bach. experience. after sending the response and 5 months, they rejected saying ive not provided proof and that my degree is non equivalent. they never spoke abt my physics or my post bach experience at all!. lawyer/i are :eek: at this. no point applealing as the almighty INS will not go back on their mistake/error. i also hv my edu evaluated with a professor on a University letterhd!!! And NSC thinks................

folks, i hv only a year and hence i will hv to file under my employer at TSC. i believed that a new labor is a new case and shld be fresh. i will emphasize on penning out the labor reqmnts more appropriate- but there is nothing like form 14, 15 in Perm. its different. Also, u cannot cater a labor to the hiring needs. So hopefully, my lawyer will pen out the labor best. she has not hrd of such edu experiences at any other centers. i will be filing under eb2. i will also talk to her regd eb3- i just did not want the long wait for the 485 and my qualifications easily match eb2.

Btw, my lawyer had refiled another 140 under EB3 as a backup to maintain my status.

So guys, pls let me know what are ur thoughts? I hrd 140 is quick now. TSC is processing June 2005. I might hv a slim chance to get done in a year......

warm regds
 
read my case and also july140 and few others. im not optimistic regd ur case either. if u hv time get a new perm done. its pretty fast..... nsc is unbelievable on edu. i know u hv bsc and mca but they will chew u up with rfe and then probably deny. pls try other options too. try other centers..... and they r faster than NSC anyway.......

regds
 
sree,

i was on eb2 and got denied. i hv a 140 under eb3 on the same labor as a backup.

will talk to lawyer regd ur post. ive put a thread in TSC 140 if there has been any edu issues. not recd any posts yet.......
 
where did you refile 140 ?
are you going to get PERM labor for TSC?


rayman6 said:
sree,

i was on eb2 and got denied. i hv a 140 under eb3 on the same labor as a backup.

will talk to lawyer regd ur post. ive put a thread in TSC 140 if there has been any edu issues. not recd any posts yet.......
Click to expand...
 
Rayman,

Sorry to hear your case. Mine was also denied by NSC. Filing in another SC and using a fresh labor is better. No point using the same labour as you may encounter same issues.

But filing a fresh LC is getting more cumbersome with DOL putting in new regulations. If you have some management responsibilities (no need to be a manager), you can change your status to L1-A. USCIS has a broad definition of manager as one can manage a function, account, product line, service, etc. So if you have any of these responsibilities, filing L1-A is good since it will bypass LC. My L1-A approved is a proof. My attorney filed my L1-B to L-A and I just got the approval. So now I have up to Nov 2007 for my new L1-A. My lawyer is filing for my immigrant visa and GC immediately. This could be one avenue to bypass the laborious LC process. Crossing my fingers my new application will go without major issues.

Good luck.
 
rayman6 said:
sree,

i was on eb2 and got denied. i hv a 140 under eb3 on the same labor as a backup.

will talk to lawyer regd ur post. ive put a thread in TSC 140 if there has been any edu issues. not recd any posts yet.......
Click to expand...

Rayman :

The same thing happened to one of my friends. His previous 140 was denied in EB2[Some time in Apr 2004], and even they did not know after 5 months. At the same time the attorney moved the office to new building. Some how he came to know after 5 months by pressurising a lot through his company[surprisingly his online message never changed]. He could not appeal. Immediately, he changed the attorney and filed in EB3. He got his I-140 approved recently(After almost 12 months of filing) under EB3. Now he will be filing his I-485 on this approval soon(Probably October 1st). His PD is sometime in 2000. Concentrate on this EB3 I-140. Your PD must be old. You will get your I-140 approval soon under EB3.

Best of Luck.....
 
sree1965 said:
Rayman :

The same thing happened to one of my friends. His previous 140 was denied in EB2[Some time in Apr 2004], and even they did not know after 5 months. At the same time the attorney moved the office to new building. Some how he came to know after 5 months by pressurising a lot through his company[surprisingly his online message never changed]. He could not appeal. Immediately, he changed the attorney and filed in EB3. He got his I-140 approved recently(After almost 12 months of filing) under EB3. Now he will be filing his I-485 on this approval soon(Probably October 1st). His PD is sometime in 2000. Concentrate on this EB3 I-140. Your PD must be old. You will get your I-140 approval soon under EB3.

Best of Luck.....
Click to expand...

Sree,
How can I find out if my case is awaiting Name Check?
Thanks
P
 
Sree,

thx for ur reply. Nsc is rejecting people even under eb3 for edu. my lawyer filed me under eb3 just some time before we got the denial for the eb2. so i now have 140 under eb3 on the same labor. my PD on the labor is 11/19/03. In my rfe they never mentioned regd this case not being eligible for eb2. i believe 140 process is picking up speed. nsc is currently processing jan-feb 2005, whereas TSC is doing jun 2005. Im looking fwd to filing a new labor under eb2 at TSC. However, A0001 raised a point which i plan to take up with the lawyer. Anything to maintain my status- got a good and important consulting job going- wonder what they will think if i say my time is up, ta ta.....

Also, can u file another labor at tsc whicl i hv a pending case at nsc? there is a new article on murthy.com- its on the home page itself.

regds
 
kclee,

will pass this info to my lawyer. lets see what she says.....

thx so much for ur input.

regds
 
Do I have an option of choosing a service center to file 140?

My service center is NSC based on my state of LC certified. Is there an option to file 140 in different service center? I wanted to see if I can bypass NSC.

I am having the same 3 year degree in India plus 10 years of experience.

Any advice?
 
what is the proceesing time wait time in NSC for MTR's on I-140, I-485? Is any one applied MTR/Appeal recently. Please post the detais. Thanks in advance
 
chances of I140 approval

I am using sub lab from NSC, chicago.
The actual lab is BS Computer science and 1 year experience.
Mine is BS mech with 7 years of experience.

What are my chances of getiing I140 approval.

My attorney says there are only 5% chances.

Can any one have similar situation.
 
desi_kallu said:
I am using sub lab from NSC, chicago.
The actual lab is BS Computer science and 1 year experience.
Mine is BS mech with 7 years of experience.

What are my chances of getiing I140 approval.

My attorney says there are only 5% chances.

Can any one have similar situation.
Click to expand...

U should have an word equivalent .. otherwise better do a fresh labor...


Good luck
 
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