3 year Degree - I 140 Denied in EB2

R

raghu_mallu

Registered Users (C)
Hello All,
I have 3 Year Degree(B Com) + 1 year PG Diploma.I applied for I-140 in EB2(in premium processing) at NSC.It was denied on Education grounds.

Now,I have following questions:
1) How to come out of this mess?.
2) I am told by my employer that Labor is gone waste for good.
3) I came to know that I can apply for another I-140 in EB3 as though
nothing happended.Is that correct?.
4) I talked to local attorney.He asked me to file in EB3 again.And also apply
to fresh Labor in PERM as backup plan.
5)My H1( 6 years) is expiring in 4 months.

Guys please give your valuable thoughts/advice.Your Early reply will be appreciated.
 
Last edited by a moderator:
I -140 Denied in PP under EB3 category

My case is somewhat similar ..
I-140 in PP under EB3 category --

After 10+2 ,I have 3 yrs B.sc(Physics) degree & additionally 3 yrs B.Sc(Tech) degree in Computer technology.I have 13 yrs of experience in India & 7 yrs of experience in US (5 yrs with same company).After RFE ,my attorney did educational credentials evaluation & sent along with query.Yesterday they denied my I-140 based on education ground.
My lawyer suggesting about motion or Appeal.I am on 7th year extension & my H1 is expiring in June 2007.
How do I proceed under this situation,what are the chances of getting H1 extension?Can we file for H1 extension before submitting motion/appeal?
What are the options available?
Any help/suggestion will be appreciated..

Thanks in advance..
 
Do you know exact detail of your RFE what they asked to prove?

What was your educational credentials evaluation - does it combined your both three year Degree and evaluated as equivalent to a US BS Degree or one 3 year Degree was compared to US BS Degree?

srkotturu said:
My case is somewhat similar ..
I-140 in PP under EB3 category --

After 10+2 ,I have 3 yrs B.sc(Physics) degree & additionally 3 yrs B.Sc(Tech) degree in Computer technology.I have 13 yrs of experience in India & 7 yrs of experience in US (5 yrs with same company).After RFE ,my attorney did educational credentials evaluation & sent along with query.Yesterday they denied my I-140 based on education ground.
My lawyer suggesting about motion or Appeal.I am on 7th year extension & my H1 is expiring in June 2007.
How do I proceed under this situation,what are the chances of getting H1 extension?Can we file for H1 extension before submitting motion/appeal?
What are the options available?
Any help/suggestion will be appreciated..

Thanks in advance..
Click to expand...
 
KGP Thanks for your response ....

During RFE ,they asked ..why one has to take 2 bachelors degree in same field ?
In the reply to this query ..Now my evaluation now cleared that confusion as to get addmission for B.sc(Tech) ,you need to pass B.sc. with physics,Math or electronics as major.
I am meeting my lawyer today to find exact details on denial?
Evaluation has not shown both the degrees combined ,it has shown my second degree B.Sc.(tech) as equivalent to US BS degree as it's technology degree..

Thanks,
 
You can apply for H1 Extn,while your I-140 is pending or in appeal.
Appeal the denial one more time and file for H1 Extension in premium processing(so that you get one year extension quickly).
This is my idea.But attorney would be the best person to guide you.

Man.... no one responded to my question.Guys can someone reply to my post?.


srkotturu said:
My case is somewhat similar ..
I-140 in PP under EB3 category --

After 10+2 ,I have 3 yrs B.sc(Physics) degree & additionally 3 yrs B.Sc(Tech) degree in Computer technology.I have 13 yrs of experience in India & 7 yrs of experience in US (5 yrs with same company).After RFE ,my attorney did educational credentials evaluation & sent along with query.Yesterday they denied my I-140 based on education ground.
My lawyer suggesting about motion or Appeal.I am on 7th year extension & my H1 is expiring in June 2007.
How do I proceed under this situation,what are the chances of getting H1 extension?Can we file for H1 extension before submitting motion/appeal?
What are the options available?
Any help/suggestion will be appreciated..

Thanks in advance..
Click to expand...
 
Hi Raghu,

Checked with my attorney..he gave following options..
1) Appeal this decision
2) Apply for 1 yr extension
3) Apply for another I-140 using substitute labor
4) Start over new process under perm & file under "skilled worker" category as I have about 20 yrs of experience.Under this category degree does not matter & just exp. gets counted..
All options comes with big legal fee tags ..
For now,I'm going with option 1 & 2.

Any progress from your end?
 
srkotturu.....

I noticed following approval message also. please let me know


srkotturu said:
My I-140 is approved within a month. I have not received the receipt notice. The details are as follows.

EB3 - RIR
Sent to VSC on October 26th.
Received an approval email from Lawyer today

SRK
Click to expand...



srkotturu said:
Hi Raghu,

Checked with my attorney..he gave following options..
1) Appeal this decision
2) Apply for 1 yr extension
3) Apply for another I-140 using substitute labor
4) Start over new process under perm & file under "skilled worker" category as I have about 20 yrs of experience.Under this category degree does not matter & just exp. gets counted..
All options comes with big legal fee tags ..
For now,I'm going with option 1 & 2.

Any progress from your end?
Click to expand...
 
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