485 Denied. Need Advise (140 denied, substitute labor)

unitednations said:
I read the decisions. This is pretty consistent with what nebraska has been doing. Combination of degrees/diplomas to get to u.s. bachelors is not acceptable to them unless specified by labor.

You are not using combination, your undergrad degree alone was considered equivalent ot u.s. bachelors degree.

Your issue is going to be to convince uscis that the field of study in your evaluated masters is equivalent to labor cert masters.
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But even before going to the field of study issue, USCIS has to agree that my "Post Graduate Diploma" is even a degree. And from those judgments, it looks to me they do not see a degree in a diploma. And this explains why I did not get a RFE even though my MBA certificate was submitted with the filing. They just saw a Bachelors Degree because the bachelors ceritificate states Bachelor of Engineering in Computer Science. Now that is something that I did not think about earlier. If I would have, I would have thought of submitting a statement from the Institute that this diploma is indeed a degree.

In India if you are not a University you cannot give a degree. And only B-Schools that are run by Universities give a degree. Others give Diplomas and my institute is a chain of independently run B-Schools, undoubtedly the best in India but also one of the best in South Asia.

God this is fucking unbelievable. I have twice the number of credits in my MBA then an US B-School, I have majors in two fields - Finance and MIS and I have studied in one of the best B-Schools of South East Asia, I slogged my ass for 2 years to finish in the top 3% of my class and I am not able to convince USCIS of my credentials, because these idiots dont know anything. Sorry for cursing .. just frustrated with myself.
 
I talked to my attorney and here is what she has to say ...

" .... there is a strict reading of the regulations that only a 4 year degree can equate to a bachelor's degree. But where there is a 4 year degree, a "post graduate diploma" is evaluated to be a master's degree generally. .... The USCIS has pretty uniformly accepted your degree as a master's, so long as your undergraduate is a 4 year degree."

I have asked her if she has had similar cases that have got approved. I am waiting for her reply. At best her statement looks to be an opinion. There does not seem to be any published guideline as to what is accepted and what is not. I guess simply there are too many combinations to even publish such a guide and is left to the discretion of an individual adjudicator. Kind of scary .... as some adjudicator may just give an applicant a hard time.

Another development for me .. I learned today that my pending labor at Philedeplhia has exact same degree and experience requirements as the substituted labor. So if this one does not work through, that one will also most likely not (only difference would be the location of work .. this is from Pittsburg and that is from Philadelphia) :( . I am trying to now get another labor filed with some wording like "Employer will accept a Bachelors Degree + 5 years work experience in leiu of Masters Degree + 2 years work experience". As of today I have 5 years of work experience and assuming that this labor is filed next month, I may be OK, with atleast such a labor given that they may not consider my MBA to be a Masters degree.

Now about experience with the current employer, I talked to my attorney and she is of the opinion that all experience prior to Priority Date is counted. Period. But I know that opinion of people on this board differs. If I cannot use my experience with the current employer, I should then think about changing my job ... totally confused .. :confused:
 
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Priority date Labor substitution

Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
 
gcemail2004 said:
Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
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I think according to the regulation it should be your 140 filing date, but I have heard that people who have substitute labor based 140 approved, the PD printed on 140 is the labor PD. Please check other threads ....
 
gcemail2004 said:
Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
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The this case PD is the day you file your I-140 / 485
 
MD_Rockville said:
The this case PD is the day you file your I-140 / 485
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Not true. PD printed on my approved 485 notice is the filing date of the substitutes labor (and not my 140 filing date).
 
I140-rfe

I need a help on similar situation with substitute labor. I got an rfe on I140 for substiture labor, asking for evaluation thru accredited official. The labor say master in CS or Bachelor in cs with 5 yrs of exprience, eta 15 says, in lieu of MS in CS, employer may accept bachelor degree with 5 yrs of exprience. I need a clarification on bachelors degree with 5 yrs experience on eta 15. Is this mean any bachelor degree. Please repond :confused:
 
raja08 said:
I need a help on similar situation with substitute labor. I got an rfe on I140 for substiture labor, asking for evaluation thru accredited official. The labor say master in CS or Bachelor in cs with 5 yrs of exprience, eta 15 says, in lieu of MS in CS, employer may accept bachelor degree with 5 yrs of exprience. I need a clarification on bachelors degree with 5 yrs experience on eta 15. Is this mean any bachelor degree. Please repond :confused:
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It means a Bachelors Degree that is of 4 years of study and is in the major field of study mentioned in the approved labor. Cannot be a 3 year degree for EB2 category and must be in the field mentioned (If no field of study is mentioned, then it can be any 4 year degree).
 
i140-rfe

Is your I485 approved after I140 denied, I have seen the other thred under dazzling name mentioning i485 approved..Congratulations, what is the status of i140 now, :confused:
 
raja08 said:
Is your I485 approved after I140 denied, I have seen the other thred under dazzling name mentioning i485 approved..Congratulations, what is the status of i140 now, :confused:
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Yes my 485 was approved after my 140 / 485 were denied. The 140 still does not show approved, but since I am the primary applicant they have not updated the website for 140. I have even got my passport stamped.
 
MY I-140 and I -485 got denied

My case is the same case I got a letter from USCIS that my I-485 got denied when I called the customer Service of INS they said that your I-140 might have got denied so that is why I got 485 Denial.
My Question is MY spouse is working on EAD as a Permanet Employee. Will Her EAD becomes void or do we have any time period to reapply.
How many days this EAD will be valid
 
I think If the primary 485 application is denied, then all the family application will also be denied including EAD/AP

I think it would be good idea to apply for h1b1 to your wife, if the h1 quota is aivlable or else she need to apply for h4 and quit the job.

If they found that she is working with out employment authorization in future, it will be other big trouble.

I am not a lawyer, so consult a lawyer. or contact united nations in this fourm.
 
First and foremost there is some following up you need to do
Why was your 485 denied.....
Was your 140 approved prior to 485 denial...
Please post your details here.....



Bare facts:
Once your 485 is denied... you can open an MTR to reconsider the denial..You have 30 days time...
Meanwhile...your EAD/AP will be revoked along with those for your spouse...

How about you...are you/spouse on H visa or EAD ??



smiles00 said:
My case is the same case I got a letter from USCIS that my I-485 got denied when I called the customer Service of INS they said that your I-140 might have got denied so that is why I got 485 Denial.
My Question is MY spouse is working on EAD as a Permanet Employee. Will Her EAD becomes void or do we have any time period to reapply.
How many days this EAD will be valid
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Experts please advise!

My attorney says that filing I-485 before getting I-140 approval could increase the risk of I-485 not getting approved. How much true is this statement? I don't believe him. He says that concurrent filing can cause problems in obtaining EAD / AP. If I-140 is denied, then getting work authorization is a problem.

My I-140 was filed using labor substitution, and I am already in 7th year extension.
 
fan123 said:
My attorney says that filing I-485 before getting I-140 approval could increase the risk of I-485 not getting approved. How much true is this statement? I don't believe him. He says that concurrent filing can cause problems in obtaining EAD / AP. If I-140 is denied, then getting work authorization is a problem.

My I-140 was filed using labor substitution, and I am already in 7th year extension.
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Who is this lawyer?? See my signature there are lots who did concurrent filing and have gotten approvals.
 
fan123 said:
My attorney says that filing I-485 before getting I-140 approval could increase the risk of I-485 not getting approved. How much true is this statement? I don't believe him. He says that concurrent filing can cause problems in obtaining EAD / AP. If I-140 is denied, then getting work authorization is a problem.

My I-140 was filed using labor substitution, and I am already in 7th year extension.
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He is giving you wrong advise. May be your employer is forcing him to give such advise.
 
That's usual for some lawyers.

My company's legal firm also refused to file 485 and 140 concurrently saying that "they only file approvable petitions" as in case of denial the company may question that it was the lawyer's error and won't pay for the paperwork/time spent on the case. Also it may be your company's requirement to "extend" the time of your dependency on their will.
So to be clear and not to complicate their lives my company's lawyer only files 485 once 140 is approved.

Another stupid example was that I had to file my application as EB3 even though I had two MS in two separate engineering fields, but not much of a work experience in the US (mostly in Europe). They said that "to be on the safe side" we would file it as EB3 application.

Sorry, but there is nothing you can do about it.
 
Thanks!

udacha6 said:
That's usual for some lawyers.

My company's legal firm also refused to file 485 and 140 concurrently saying that "they only file approvable petitions" as in case of denial the company may question that it was the lawyer's error and won't pay for the paperwork/time spent on the case. Also it may be your company's requirement to "extend" the time of your dependency on their will.
So to be clear and not to complicate their lives my company's lawyer only files 485 once 140 is approved.

Another stupid example was that I had to file my application as EB3 even though I had two MS in two separate engineering fields, but not much of a work experience in the US (mostly in Europe). They said that "to be on the safe side" we would file it as EB3 application.

Sorry, but there is nothing you can do about it.
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Thank you all for the response. I will try to convince HR/Lawyer to file I-485. This particular lawyer (Bay area based) has been very diificult to deal with. So, I hope for the best.
 
Important -- Please help!!

I used a substitute labor which had masters degree or equivalent. The sub labor was approved on a date on which I didn't have masters degree. I completed 3/4 of the masters degree and had work experience. I joined the company and later used this substitute labor.

My 140 got revoked (approved earlier) saying i didn't have masters on the day labor was approved.

can partial credits on masters degree in US combined with less than 2 years of experience count towards an equivalent of a master degree? Did anyone have this problem?

Gurus-- urgent, please help!!
 
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