!40 denied. Help needed

V

vs1029

Registered Users (C)
Friends,

My I140 filed under EB2 was denied last week due to insufficient educational qualifications.

I have B.E. (Computers) from Bombay univ. and have 6 years working experiemce.

My lawyers say they do not know the reason for the rejection.

They are advising me to reapply for I140 and 485 instead of appealing. According to them appeal can take a long time (sometimes 12 months) and so it is easier to re-apply I140 and 485.

Looking for some practial advise on how to handle the situation???

Please help.

Thanks
 
Sorry to hear about your denial.

Important thing is that don't go for appeal. That is the waste of time, money and most likely your case will be denied again. My appeal was filed in January 2003 and still pending.

Looks like to me that your lawyer did not properly mention that you will be eligible for EB2 with your B.E degree and 6 years experience.

Best option is immediately file I-140/I-485 again with same approved labor and this time,send proper documents to overcome the earlier denial reasons.

If your labor says that Master degree is required then I think the denial is justified.

can you please post the details like Notice Date, Service Center, RFE details, Date of RFE? Was it a labor substitution case?
 
Sorry to hear that..

Same thing happened to me.. I would suggest to re-apply I140 in EB3 since EB3 is processing faster than EB2.

See my case details in the signature.. It is pathetic to wait for this long and all major decision in your life is depends on this processing times.

Sometime I feel... is it worth?!
 
I think you should file an appeal for the I-140 denial. At the same time you could file a new I-140 with the service center. Check with your attorney on this possibility.
 
Thanks friends for all your suggestions.

My lawyer did not apply under the pretext of M.S. degree for my labor. He just applied in EB2 since I had more than 5 years experience. Now he is advising me to apply under EB3, just to be on the safer side.

I will check with him tomorrow if I can appeal and re-apply simultaneously.

Also I will send in the various dates tomorrow. This is my first time dealing with GC issues so I am not very familiar with all those dates but I will send them if they can help you help me.

later and thanks again.
 
m78768,

As per your dates, I see you have applied for labor twice.
why did you have to apply labor again? Am I missing something here?
 
In order to qualify for EB2,
1) The job should require as a minumim require an MS or equivalent degree,
2) For this job the employer can accept BS with 5 years experience instead of MS, and state so in the Labor Certification under minimum educational requirements,
3) You the applicant should meet these minimum qualifications.

If any of these do not apply for you then I-140 is likely to be rejected.
 
hi vs1029

vs1029, check with your lawyer that idiot must have done some mistake in applying your 140 documents.
this happened with me very recently and my 140,485 got denied.

now the case is sitting in appeal or motion to reopen(which is taking 6 months maximum). if the reason for denial is justified
by INS then i think there is no point in appealing.
but if it is some silly mistake etc(not from your side) then i think you should appeal(like i did), who knows how soon the decision will come.
also check with your company if they have any other LC avai, if they have any then you can think of using that also.

best of lucks..
 
Originally posted by vs1029
m78768,

As per your dates, I see you have applied for labor twice.
why did you have to apply labor again? Am I missing something here?
Click to expand...


When my 140 was denied for educational credentials, my lawyer told me that the first lawyer who applied 140 didn’t mention my educational credentials properly in 140.

Even though I had a BCom and 3 year Diploma with 9 years of experience at that time, they still wanted to apply my labor in EB3 to be safe.. I agreed for that since the labor certifications (state & Federal) were processed in 2 months at that time. Lawyer told me that 2 months processing is not a big deal and that would be a best bet. It is probably my bad time, the processing time became very slow due to 09/11, and finally got my EB3 Labor approved after about 16 months..

Hope things will go better for you and don’t have to go thru like me.
 
Last edited by a moderator:
It's nce that everyone it trying to help here but without knowing the reason for the denial it is impossible to say whether you should appeal, refile the I-140, or start over with a new LC. If USCIS denied the case for your qualifications not meeting the minimum requirements for the position (remember, your qualifications would probably need to meet or exceed the requirements stated in the LC both when you joined the sponsoring employer and when the LC was filed) then refiling or appealing is a waste of time and money if USCIS is correct.

The first thing that USCIS will do when it receives a new I-140 is look for why the previous petition was denied. If they fee that the reason for this still exists, theywill very likely deny the case for the same reason almost automatically.

Good luck.
 
My lawyer said he applied for LC with a B.E. qualification specified but while applying for I-140 he said he saw that I had more than 5 years experience at the time of 140 filing and so decided to apply under EB2 without consulting me.

I think the lawyer made a mistake of not finding all the details for EB2 filings but does not want to admit it now. He still says he does'nt know the reason for the rejection and blames it on bad luck!!!

I think my only option is reapply in EB3 and hope for the best !!!!

any comments?
 
The USCIS will send a denial letter with detailed explanation to the attorney and a copy to your employer stating the reason for the denial.

Check with your employer for a copy of the denial letter.
 
that is big mistake

yes this case seems to be very annoying.

was'nt there RFE ?

hope u get I-140 in eb3 faster.
 
Pardon me if this is a silly Q.

In this case, I mean if 140 is denied, will the employer be provided with the Original copy of the Labor which he used for I-140?? If yes, will there be any stamp/indication on the labor?

Can we again reuse the same labor to file an other I-140??

--Vortex.
 
"In this case, I mean if 140 is denied, will the employer be provided with the Original copy of the Labor which he used for I-140?? If yes, will there be any stamp/indication on the labor?"

***** I don't think employer will be provided with the orginal labor. But I don't know whether employer can request USCIS to send the Org labor back or not.


"Can we again reuse the same labor to file an other I-140??"

*****Labor is the property of the Employer and valid for ever. So Yes, employer can reuse the labor for the same employee or it can be substituted for another employee. Employer can send a Photocopy of the Original Labor with a note that the Org labor is with USCIS for Receipt Notice XXX-XX-XXX-XXXX.
 
(Please Help guys ) I am also in the same boat (attoney Screwup)

Mine was a clear EB3( My Labor says batchlors with 3yrs exp) but my Attorney clicked the wrong box EB2 in I140 Application ! :mad: filed at VSC FEB03 as EB2 , still the procesessing date not at come for EB2 so my case is not at looked (month or two to go). My attorney says he sent a correction to that I140 but we didnt hear anything from VSC till now it is almost 2months now.

My time is approching what are my options now?? Please help guys.

If my case is denied can i use the same Labor and file in EB3 again, since getting labor is lot of pain.

What are my best option here.

Please guys try to help me ..........
 
Hi VS1029,

Can you please tell us what service Centre did this happen. I am in the same boat so please do respond and have filed at CSC.

thanx
hello_am
 
stt_1971, becarefull about this kind of mistake which happened due to lawyer error. my case was denied coz of similar mistake,now my appeal is sent to AAO office for further review.
 
You must log in or register to reply here.
Top