worrieddude
Registered Users (C)
What did you send for education evaluation? This may cause issues if any. NSC is a pain when it comes to education.
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Approved I-140 got rejected.
- Thread starter bachalaramesh
- Start date
hellogc_2006
Registered Users (C)
Today my attorney received intent of deny letter for my APPROVED I140 (filed with original labor). I don't know the reason yet, but believe it could be education again. So, I am totally confused and very sad. Tomorrow, attorney wants to have a conference call along with my manager. My H1B is expiring on Jan 25, 2008. They are planning to apply H1 extension asap in premium processing.
Could some one suggest me what can be done in this situation? What are my options? What could happen to my status? Could I use the same labor and apply I140 again? I believe NSC is very strict and approved I140 was from texas and it got transferred last week to NSC and immediately they sent intent of deny letter on this.
Thanks! in advance.
Could some one suggest me what can be done in this situation? What are my options? What could happen to my status? Could I use the same labor and apply I140 again? I believe NSC is very strict and approved I140 was from texas and it got transferred last week to NSC and immediately they sent intent of deny letter on this.
Thanks! in advance.
gaveupwaiting
New Member
worrieddude
Registered Users (C)
Today my attorney received intent of deny letter for my APPROVED I140 (filed with original labor). I don't know the reason yet, but believe it could be education again. So, I am totally confused and very sad. Tomorrow, attorney wants to have a conference call along with my manager. My H1B is expiring on Jan 25, 2008. They are planning to apply H1 extension asap in premium processing.
Could some one suggest me what can be done in this situation? What are my options? What could happen to my status? Could I use the same labor and apply I140 again? I believe NSC is very strict and approved I140 was from texas and it got transferred last week to NSC and immediately they sent intent of deny letter on this.
Thanks! in advance.
This is pretty bad that an approved I-140 is being rejected/denied.
From my experience NSC are very particular about the 3 year degree issue.
Post what is on the Intent To Deny.
hellogc_2006
Registered Users (C)
The reason for both the I140 denial (or intent of denial ) is USCIS is not considering my MS (BITS-Pilani) is equivalent to US MS. But my second I140 (approved I140) LC has BS+5 years and the attorney is going argue on this when they reply to intent of denial letter. She was also mentioning that she would request convert the case to EB3 if it can not be approved in EB2, but for this she is very skeptical. Not sure what is going to happen. I asked them to appeal the first I140 denial too. We are going to have another conference call next week. They want to reply to second I140 after I get my H1 extended in PP.
And also they are applying new LC now in EB3.
If you two I140s, it is always better to apply to I485s instead of doing linking business that I have done.
Thanks
And also they are applying new LC now in EB3.
If you two I140s, it is always better to apply to I485s instead of doing linking business that I have done.
Thanks
Last edited by a moderator:
worrieddude
Registered Users (C)
I do not think that one can file 2 I-485 for the same person(s).
You would have to go the interfile route. This is per my understanding.
You would have to go the interfile route. This is per my understanding.
hellogc_2006
Registered Users (C)
You can always apply two I485 and most of the people has done this instead of linking I140s, which sometimes take a lot of time to do. Once one of the I485 is approved, you can withdraw other one.
The reason they rejected my application was due my Masters from BITS. I have MS in software systems (1.5 years) and uscis was not agreed that this equivalent to US masters.
Thanks!
The reason they rejected my application was due my Masters from BITS. I have MS in software systems (1.5 years) and uscis was not agreed that this equivalent to US masters.
Thanks!
waiting_in_vain
Registered Users (C)
Hi worrieddude,
My educational evaluation shows that mine is equivalent to a 4 year Bachelor of Science degree
My educational evaluation shows that mine is equivalent to a 4 year Bachelor of Science degree
worrieddude
Registered Users (C)
Hi worrieddude,
My educational evaluation shows that mine is equivalent to a 4 year Bachelor of Science degree
You will need to see what USICS says. No point worrying about this at this stage. You cannot do anything till you get RFE or any other status change.
hellogc_2006
Registered Users (C)
We replied last week and I don't have any new status yet. But it all depends on what your LC says. What is the requirement on your LC for your job?Hellogc,
I am kind of in a similar situation. My lawyer asked NSC yo convert it to EB3. Did this work for you? Please let me know. Thank you very much
Best of luck..
bachalaramesh
Registered Users (C)
Still in the same boat.
Hi All
Thanks for all your suggestions. My case is still in AAO. recently, my company lawyer on request checked with AAO and informed as current delay for I-140 cases in AAO is 20 nmonths.
Reading the forums, I see many of my fellow friends are having the same issue. Following were the solutions which I can think on top of my mind.
1. Apply for new Labor with new Employer.
2. Apply for new I-140 with the existing labor (if employer/lawyer agrees).
3. Apply for Canadian Immigration.
4. Last but not least get back to home country and stay happy without all these hassel.
Thanks
Hi All
Thanks for all your suggestions. My case is still in AAO. recently, my company lawyer on request checked with AAO and informed as current delay for I-140 cases in AAO is 20 nmonths.
Reading the forums, I see many of my fellow friends are having the same issue. Following were the solutions which I can think on top of my mind.
1. Apply for new Labor with new Employer.
2. Apply for new I-140 with the existing labor (if employer/lawyer agrees).
3. Apply for Canadian Immigration.
4. Last but not least get back to home country and stay happy without all these hassel.
Thanks
Hi,
NSC denied my I-140 (I wonder if it is for educational evaluation). I have my EAD and AP.
Will my EAD and AP be cancelled by any chance? IF so, then do I have to wait for the dates to be current for reapplying?
Can someone tell me what is the procedure for reapplying for I-140 and how long it might take for decisions on the application? PLease Help!! Thanks
NSC denied my I-140 (I wonder if it is for educational evaluation). I have my EAD and AP.
Will my EAD and AP be cancelled by any chance? IF so, then do I have to wait for the dates to be current for reapplying?
Can someone tell me what is the procedure for reapplying for I-140 and how long it might take for decisions on the application? PLease Help!! Thanks
bachalaramesh
Registered Users (C)
My I-140 is still pending in AAO
My application is still pending. Recently when I applied for H1 B extension, USCIS questioned as what is the reason for my I-140 applicaton pending with USCIS. All documentation including end client letter was sent. I assumed as my I-140 application will trigger with this. Unfortunately, this did not happen. My H1 was approved for 1 year. I-140 application is still pending at AAO office.
My application is still pending. Recently when I applied for H1 B extension, USCIS questioned as what is the reason for my I-140 applicaton pending with USCIS. All documentation including end client letter was sent. I assumed as my I-140 application will trigger with this. Unfortunately, this did not happen. My H1 was approved for 1 year. I-140 application is still pending at AAO office.