Direct denial from NSC, without RFE

[Sabu]

One of I-140 petitions filed by employer got denied last week without RFE. ND is August 4, 2003 EB3-RIR Origibnal Labor.
The reason for denial is Education, but the beneficiary has 4 years B.E degree from REC, India. I suspect that the lawyer did not send the educational evaluation and according to new memo, the case was denied without RFE for Evaluation.

Just for your information.

nanshi.

 

[registrationid]

naanshi,
Does one have to send educational evaluation even if the degree is a Masters degree from accredited university in US?
I kinda overlooked this aspect in my case. I am not sure if my lawyer submitted it.
thx

 

[Sabu]

If your labor is for Masters then I don't think evaluation is needed because you already have a degree from US. If your labor is for Bachelors and if you don't have US bachelors degree, then the adjudicating officer may require the evaluation. If you think logically, it is not needed because till you complete some bachelors, you cannot do your masters in USA.

But it is depending upon the officer. Hard to say.

Just my views.

nanshi.

 

[sertra2002]

One of I-140 petitons filed by employer got denied last week without RFE.

Just for your information.

nanshi.

This is indeed scary news. New filers atleat have the benefit of knowing about the new policy of USCIS, but people who have already filed, may be badly hit, if their lawyer screwed up even a little bit.

 

[andhrite]

It is really stupid on USCIS part to enforce some rules abruptly. If they want to implement the rule, they should announce it and apply to the new filers. Then the filers will be cautious enough to submit the documentation.

But now the pending cases will be worst affected and it is not entirely lawyer's fault also. Because the same cases which are being denied now, may have got approved or RFE earlier.

But again, there is nothing that we can do about it except to hope for the best.

 

[octFiler]

Please advise

This is definitely not a good news. I dont remember putting any educational evaluation along with my 140 application, i hope they dont deny my 140 anyways friends can anybody please advise me on the following.

I am still working on h1 but my wife is working on EAD(which she got from my 140/485 application) earlier she used to work on h1 but after she got EAD she shifted to a new company and has been using the EAD. What will happen if my 140 is denied, does she go out of status? can she work on h1 or stay here on h4? i am totaly confused. Can anybody please throw some light on this issue.

Thanks,
Octfiler.

 

[madhu69]

Naanshi

Just curious, did this person received FP notice by any chance?

One of I-140 petitions filed by employer got denied last week without RFE. ND is August 4, 2003 EB3-RIR Origibnal Labor.
The reason for denial is Education, but the beneficiary has 4 years B.E degree from REC, India. I suspect that the lawyer did not send the educational evaluation and according to new memo, the case was denied without RFE for Evaluation.

Just for your information.

nanshi.

 

[puhrince]

well my question would be - if they needed educational evaluation, wouldn't they ask for it during the labor stage?

 

[however!]

well i havent submitted my educational evaluation either..!!

What can we do now? can we send them to attach to our application? Is there an option to do so?

 

[andhrite]

I talked with my lawyer (american lawyer from chicago) about this direct denial. She is saying that AILA is fighting hard agianst this rule and it seems that there is a conference next month where there will be lot of INS officers and AILA lawyers. She said that the INS officials will be under a lot of fire for this rule and AILA is trying very hard to backout that rule.

It seems she has my education evaluation attached to the I140 application. Iam a little relieved for that.

About concurrent adjudication, she said that all the nonapproved I140 will move to the new queue. But she warned that INS has put lot of programs like this before but donot stick to thier word.

Just wanted to share the info.

 

[sekharnet]

One of I-140 petitions filed by employer got denied last week without RFE. ND is August 4, 2003 EB3-RIR Origibnal Labor.
The reason for denial is Education, but the beneficiary has 4 years B.E degree from REC, India.

Just for your information.

nanshi.

Nanshi,
By any chance do you know what the Education (CS/EC) specified in the labor was and what the Education of the rejected person is?
This is disheartening to hear nebraska is implimenting rules so fast.
God Help us

My info.....
EB3 -RIR Origial labor
RD 10/23/03
EAD/AP:12/5/03
I140 waiting...

 

[ranvir_usa]

One Question

I am not sure whether my lawyer attach education evaluation with my concurrent application (I140-485. RD 12/12/2003). But I have my FP done last week. Does this imply that they are OK even if they did not receive any evaluation. I am MCA from India.

Thanks for help