EB2 3 Year Degree Denied even though NSC RFE was responded to with Danzig Evaluation

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srini261

New Member
I have been reading the posts but none seem to fit my case. Would really appreciate your advice. Thanks!

LCA Position: IT Project Manager

Qualifications (India) - B.Com, Grad CWA, ACA
Additional Certification: PMP, ASAP, SAP Financials

IT Experience: 15yrs on Jan 2004

LCA Application (PD Jan 2004) states:
Master's degree - Business Administration or Engineering or Computer Science - In lieu of Masters will accept Bachelor's degree and five years of relevant experience

9/06: I-140 Filed under EB2 - attorney used H-1B evaluation which showed B.Com + GradCWA equivalent to US Bachelor's

3/07: First NSC RFE:
Nebraska has asked for the evaluator to show that the degree obtained ( B.Com, India) is equal to a US Bachelor's degree

4/07: Obtained 3 Yr Degree equivalency, detailed course-by-course evaluation and expert opinion from Sheila Danzig. Responded to RFE with the new evaluation and supporting documentation.

5/15/07: NSC Denied

H-1B extension filed for 7th year - pending since 3/9/07

What are my options?
1. File MTR/Appeal within 30 days
2. File new LC/PERM with a new employer (a very large US company) - 80%
3. Do 1 and 2
4. Refile under EB3 using same labor and PD
5. Look for LC substitution - chances 30%

Questions:
1. Is my H-1B extension application in jeopardy because of the denial of I-140?
2. MTR needs new information - I have already submitted the second course-by-course evaluation which was ignored. What "new" information can I submit?
3. When joining new employer can I file a new LC instead of a PERM? Since it will set me back on PD anyway will it make a difference?
 
Mtr

When there is a denial there is a legal responsibility for the adjudicator to address all of the evidence. I have not yet seen this done with our evaluations. A solid brief by the lawyer can result in some good results.
We have had success with RFE's but our best success has been with new filings. Keep in mind you can likley (check with your lawyer) file a new I140 and done properly your chances of an approval will be very high for both EB2 and EB3. There is no charge for any follow up work that we will do for you. Email me a copy of the denial to sheila@danzig.com and I will give you updated (we do constant ongoing research) documents and the case your lawyer needs to site.
 
Matter of Shah i&N Dec, 244, 245 (Comm., 1977)

I am trying to find this case law which forms the basis of the I140 denial of Indian 3Yr Degree not being equivalent to US Baccalaureate but am unable to Google it. Does anyone have a copy or a link.
Thanks
 
Take care of you h1 first

I am in similar situation as yours, as per consultation with a good attorney,
1.you need to file a Motion to reopen and get your h1 extended immediately, even if you file your application under eb3, your h1 will not be extended.
2.for additional information, you can contact an attorney and attach a professor expert opinion letter.
3.Yes you can port your priority date, once your MTR is approved , to your new perm labor 140.

So I will really talk to an very good attorney and make sure my H1 is first extended by filing a MTR.

Hope this helps.

I am not an attorney and these are not advises only my experiences, confirm with an attorney and do the needful
 
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File in EB3? 3 year degree is not equivlent to 4 year degree. So, why even go the EB2 route?
 
Hi psgprasad, Thanks. The H-1 Extension was filed 2 months ago and receipted by immigration on 3/19. My only question is whether the current I-140 denial could cause that H-1 filing to be rejected. I guess I will just have to wait and see since my attorney does not seem to think so.
 
srini261 said:
Hi psgprasad, Thanks. The H-1 Extension was filed 2 months ago and receipted by immigration on 3/19. My only question is whether the current I-140 denial could cause that H-1 filing to be rejected. I guess I will just have to wait and see since my attorney does not seem to think so.
Click to expand...

Apply for MTR for I-140. after that Convert your H1 to premium.
 
Yes your h1 extension might be affected

To my knowledge, yes your h1 extension might be affected, your extension is based on your application for permanent residency, since your petition for the same is denied, your h1 extension might be affected. To have your h1 extended, you need to keep your case of permanent residence alive.

So file an MTR and change your H1 application to premium processing, chances are you will get an RFE stating, that your application for permanent residency is denied, you can send your MTR receipt and get your H1 extended immediately.

Note: These are my suggestion and guesses only, talk to an attorney for proper representation for the law, I do not take any responsibility for the suggestion given to you.
 
I have received RFE today 3 year degree

I upgraded my I-140 which was filed in October 2006 to PP on 5/16. I received a notification today that they have mailed out RFE today. I have 3 year B.COM and I year DBM. My Col. 14 says BS or Equvilent and 5 year experience required. Col. 15 says any combination of qualification & experience accepted. I had over 15 year experience at the time of application. I do not know at this moment what the RFE is about. I do not know my attorney used any kind of evaluation. Most probably they used my H1-B evaluation only. My I-140 was filed in EB3.
 
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Matter of Shah

srini261 said:
I am trying to find this case law which forms the basis of the I140 denial of Indian 3Yr Degree not being equivalent to US Baccalaureate but am unable to Google it. Does anyone have a copy or a link.
Thanks
Click to expand...

There does not appear to be a link anywhere but I am attaching the case.
 
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