140 rejected, Appeal made. Can we refile 140?

N

nervewreck

Registered Users (C)
A friend of mine is in a sticky situation.
He applied for 140 on an LC in EB3. The 140 was rejected, with the reason being, 3 year bachelor's degree not being recognized as equivalent to a 4 year BS in US. He has 7 years of US experience.

They have made an appeal to reconsider the 140, and did not have any progress for the past few months now.

With the priority dates now being current, can he refile for 140 and concurrently file for 485 ?

If it is OK to refile for 140, the first one being under the appeal, should he mention the details of the existing petition ?

Would there be any complications if he files for 485 concurrently ?
 
Did your friend have any other education other than just 3 years? I am in kind of similar situtation. I have 3 yrs BA from India, 1 yr diploma from India and 2 yrs associate from USA. My lawyer got equivalency of US Bachelor's done from Trust Forte. But we found out even this is not acceptable for 140 from any service center except for Texas service center. My lawyer spoke to other lawyer's and found out Texas is the most flexible.
We applied my I-140 on Jan 16th but turned into premium processing on june 19th, because my lawyer felt that TXS could also possible become very strict about it.
Will let u know if anything happens.
 
As far as I know he has a BCom with 1 yr Diploma. Thats about it. No US education. Will pass on your feedback. Thx.
 
My lawyer actually combined my 3 yrs degree in psychologyand 1 year diploma in fashion to get me 4yrs bachelor equivalency. This is what he submitted and my I 140 got approved today. Maybe ur friend should do the same.
 
why not just refile the I140? Appeal for a denial will take months (can be 18 months) to come with a decision.
 
i 140 help

dhulerb said:
My lawyer actually combined my 3 yrs degree in psychologyand 1 year diploma in fashion to get me 4yrs bachelor equivalency. This is what he submitted and my I 140 got approved today. Maybe ur friend should do the same.
Click to expand...

Hi Dhulerb
Nice to know that your i 140 got approved, iam very much like in your situation,
can you pls tell me how you can transfer file from nebraska to texas, and do you mind giving me your lawyers name , perhpas i can take his help
br
anil
email:iamprince@hotmail.com
 
A question about refiling I-140

From the research that I did online, it seems that one can refile a new I-140 with the original labor certification if his/her I-140 got rejected.

Now, my question is: how does one get another labor certification for the DOL to refile a new I-140? Does s/he need to tell DOL why they're getting another labor certification? If that's the case, what'll be a good reason to do that?

Thanks a lot in advance! :)
 
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