140 Rfe

rajbabu91

New Member
HI

I have 3 years bachelor degree and PG diploma one year. I used substitute labour and applied 140 under EB2. I received RFE stating they need single source of US bachelors degree and progressive 5 years expereince or Master degree. I have 5 years expereience.
I also applied 485 during july bulliten. I received this 140 RFE after applying 485.
My 6 years will be over in couple of days, and I have applied this 140 with in 365 period, so I am not eligible for 1 year extension unless 140 is approved.
I am planning to go back india for good and not planning to respond to RFE.
If I donot respond to the RFE and they will deny it. Is there going to be any problem in future getting H1B because my 140 is denied. I am planning to get Masters before I apply for another H1B in future.
Please suggest.

Thanks
Raj
 
If your lawyer doesn't (or cannot) respond to the I-140 RFE, this along with I-485 will be denied. No, this won't have an impact on future visas to the U.S. as long as you do not overstay.
 
Dude

Reply to the RFE. Hopefully something good will happen. Dont give up.
Even if they reject 140, you can appeal. The appeal process is 1 year

Meanwhile, you can go to India at your own pace and will, not just hurry up in 2 days.

All the best
 
Education related RFE's are very difficult to overcome. Appeal will be rejected 99.9% of the time. You are wasting money doing this.

But if you are interested to stay in the US for another year, you can respond to RFE and get a 1 year extension. But be prepared to file for another LC/I-140.
 
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