Approved I-140 got rejected.

bachalaramesh

Registered Users (C)
Hi Gurus
I need your humble suggestion on my case based on which I need to take decision.
I have 3 year degree from India and 11 yrs of Experience in IT Industry.
1. Lawyer firm associated with my Employer has applied my GC application in EB2 category on March 2005 in RIR process.
2. Since this was struck in Back log center. They applied new Labor application in PERM on Mar 2006.
3. My Perm Labor was approved and following to it I-140 was applied. This was approved by USCIS in Dec 2006.
4. On Jan 2007 my RIR got approved. To use the priority of RIR case, My company Lawyer suggested to apply for I-140.
5. This got rejected for some reason which Lawyer firm did not reveal. And following to it , My earlier approved I-140 also got rejected. They informed as USCIS indicated as with my education(3-year degree) , I cannot apply for EB2.
And I am not sure why Lawyer firm has applied in that category and how USCIS has approved that.
Now, my question is ,
a. Can I appeal for Motion - to - Open on this case?
b. Can I convert my case to EB3?
c. Can I start a new GC process with any other company when this is Pending ?
I wish to know as did anyone had the same issue in the past. If so, how did you proceed and were you success in doing Motion to appeal.
I have already paid 2000+$ to the Lawyer firm to do Motion to Open. Beyond this , they are insisting me to pay 1200$ to do Education evaluation. I am not comfortable and wish to get your suggestion on the same.

Thanks for your time.
 
A 3 year degree is not considered equal to 4 year. Below is an excerpt frm the immigration-law website. Also, please read the USCIS Update here.

06/01/2007: NSC's General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

  • [Post Script 06/07/2007: The AILA NSC Liaison Committee released a clarification that (1) the involved liaison issue is related only, repeat only to the EB-2 and Master's degree question and any statement in this posting on "Bachelor's degree equivalent" issues relating to the 3-year degree is not necessarily acceptable as the NSC appears to continuously require a U.S. bachelor's degree or single sources of foreign equivalent degree, not foreign equivalent education; (2) there is "no fixed rule" the NSC has adopted on these issues; and (3) NSC has not reversed its prior position on requiring single sources degrees for bachelor's degree equivalency.]
  • According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
    1. U.S. master’s degree – as long as it is in the field required no additional documents would be required
    2. 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
    3. 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
    4. 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
    5. 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
      • Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
      • Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.
    6. 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
    7. 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience
    8. If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.

  • Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree:
    • Following will be acceptable for "Skilled Worker" catogory of EB-3:
      1. Will accept a combination of degrees or diplomas;
      2. Will accept 3 or 4 yr degrees;
      3. Will accept education evaluation prepared by a qualified credential evaluation service;
      4. Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
      5. Will accept a bachelor’s equivalent based on a combination of education as determined by a professional evaluation service;
      6. One year of experience in the job offered will substitute for one year of education toward a bachelor’s degree;
      7. Will accept single degree or any combination of degrees, diplomas or professional credentials determined to be equivalent by a qualified evaluation service.
    • Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.
 
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Appreciate for the information provided. Now, I wish to know did anyone had the same scenario ( Denial of Approved I-140 in EB2 Category)?

Can I convert my case to EB3? If so, what can be converted Labor or I-140 itself?

Can I have another Perm Labor running when this Case is pending with USCIS?

Thanks
 
My labor has associates with 7 years of exp . I have experience letters of 7 years ( some are from client , on the client's letter head. I think my 140 is EB-2 with Nebraska . What do you guys think about its APPROVAL CHANCES
 
My labor has associates with 7 years of exp . I have experience letters of 7 years ( some are from client , on the client's letter head. I think my 140 is EB-2 with Nebraska . What do you guys think about its APPROVAL CHANCES

Yous should be OK as Bachelor + 5 years equals to Masters, as long as Labor was filed that way.
 
I have 20 months of H1 duration remaining. And not sure what is the % of success in going for Motion to Appeal / Open. I heard as we cannot have more than one PERM labor active for the candidate. I mean labor application filed for the same candidate active in PERM process. So, I am still thinking on filing a new Labor. Also, Is there anyone who has 3yrs degree + 10 yrs experience who has filed GC in EB2 category and succeeded.?
 
Why did your approved I-140 get rejected? This seems strange to me.

Do not file MTR, probability of success < 1%.

I can recommend the following. Others may have better ideas:

1. Do you have copy of approved I-140? If yes, take that.

2. Join another company. Start GC again. Now while filing I-140, use the approved I-140 to capture date. Looks like your employer/lawyer combination are messing up your case big time.

- If you are planning on switching employer, try to join employer whose region falls under Texas Service Center. Approval of this type of case in Texas goes through smoothly.

3. Select your own good lawyer, not some lawyer who is out to make a quick buck or company lawyer (these lawyers do not have your best interest in mind).

4. You need to have a proper course by course evaluation which will equate your 3 year degree to a 4 year degree.

If you need additional help contact me. :)
 
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My LC Sub I140 got rejected yesterday on education evaluation (Dip+AMIETE+MS-bits). I already have an approved I140 which was approved in premium processing in April and we requested to use that I140 for my pending 485. But today I saw status/message change on my approved I140 too as follows. This approved I140 was from TSC, 485 and first I140 filed with this 485 (rejected I140) are pending at NSC. Could some one tell me if they had similar issue and how to interpret the message)?

------------------
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: This case is now pending at the office to which it was transferred.

The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
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thanks
 
I think you are facing these issues related to degree when the case hits Nebraska Service Center. Try to avoid having cases going there.

Change your job if you have to, otherwise the GC mess/hell will continue to plague you.
 
I am working with a big s/w company and I am currently in india and will be back next week. I got h1b visa stamp recently which is valid until jan 2008. I will be entering using h1 though I have AP.

any pointers what the message mean?
thanks
 
Hi Worried Dude and other Guru's,
What do you think about my case ?
My labor has associates with 7 years of exp . I have experience letters of 7 years ( some are from client , on the client's letter head. I think my 140 is EB-2 with Nebraska .
I read in this forum from Shiela that for EB-2 , Master degree is a must
 
Hi Worried Dude and other Guru's,
What do you think about my case ?
My labor has associates with 7 years of exp . I have experience letters of 7 years ( some are from client , on the client's letter head. I think my 140 is EB-2 with Nebraska .
I read in this forum from Shiela that for EB-2 , Master degree is a must


when was ur 140 filed?
 
Hi Worried Dude and other Guru's,
What do you think about my case ?
My labor has associates with 7 years of exp . I have experience letters of 7 years ( some are from client , on the client's letter head. I think my 140 is EB-2 with Nebraska .
I read in this forum from Shiela that for EB-2 , Master degree is a must[/QUOTE

Can you post what is in col 13, 14, 15 of the LC.

Master degree is not a must for EB-2.
Bachelor's + 5 years experience will work. But this needs to be stated on the LC.
 
Urgent Gurus please Help

Hi worrieddude AND GURUS,
I just got response from my lawer. according to him getting EB-2 approvals with a labor of Associates degree is very difficult . He suggesets we file an amended I140 for EB-3 ,.
The other oprion is to withdaw this 140 and file the new one but then I lose my 485 filing. Can you guys suggest which way I should go ?
I guess I still had to live through this nightmare.
 
Hi worrieddude AND GURUS,
I just got response from my lawer. according to him getting EB-2 approvals with a labor of Associates degree is very difficult . He suggesets we file an amended I140 for EB-3 ,.
The other oprion is to withdaw this 140 and file the new one but then I lose my 485 filing. Can you guys suggest which way I should go ?
I guess I still had to live through this nightmare.

Can you post the following:

1. What is the education requirement in the LC document? (cols 13, 14, 15) - This will show exactly whether it is EB2 or EB3.
2. How many years you have on H1B visa?
3. Is it your own lawyer or company lawyer?
4. Is Associate degree a 3 year degree?

Response to above will help in proper decision.
 
What is the education requirement in the LC document? (cols 13, 14, 15) - This will show exactly whether it is EB2 or EB3
I have never seen it but i was told that they will say associates with 7 years of experience so as to not even talk about degree
How many years you have on H1B visa?
I am on 7 th year
Is it your own lawyer or company lawyer?
It is my company's lawyer but very famous and they are assuring me they will defend me till end and try everything possible.
4. Is Associate degree a 3 year degree?
Not quite sure what is associate degree but here is my qualification
3 year Bsc ( Maths,Physics,Chemistry) then 2 year master degree in compputer Sc(Msc)
 
You need to do this:

1. Get a copy of the labor. This is important. You need to see for yourself what is written on this. Famous lawyer or not, it is your case, you should know what is going on.

2. Post details here of education/qualification requirements, as stated in LC, not what the lawyer says.

3. What document did you submit with I-140 for education evaluation? Post that detail as well.

Since you are on 7th year H1B, you will need to be careful about this process. Further H1B extension will depend on the I-140.
 
Gurus , uugent . Please respond

13. says about the job software engineering jobs, platoforms and technologies
14. edu BS or equivalent GRADE,hIGH SCHOOL AND COLLEGE checked
Train N/A
EXP 5 years in bothJob offered and related occupation
15 employer will accept associates degree and 7 years of progressivf exp in liue of Bachelor with 5 year exp
 
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