EB2-AMIETE/AMIE -- I140 approval revoked

H

hellogc_2006

Registered Users (C)
Hi Friends:
My I140 approval has been revoked yesterday by NSC and subsequently denied my and my spouse 485 applications. We got EAD renewals recently.

I filed my Labor Aug 2001, which was approved in BEC in Jan 2007. We applied I140 at that time in premium processing and it went to TSC and got approval in a week. We requested USCIS to substitute this I140 to the existing 485 application pending at NSC, and they did it, but looked at my I140 again after transfering it from TSC. Then sent intent to revoke notice, and we replied with very detailed evaluation (I don't from where) in decemeber. But I received notice of denial email on 485s. I didn't see I140 message change though (only LUD changed), but I believe they rejected my I140 and hence 485 too. Luckily I am still on H1 and my wife on H4.

So, NSC is looking at all the approved I140 cases when it adjudicates 485. I filed another LC last month in EB3 and not sure what is status on this yet. I have a meeting with my attorney today and I will ask her to appeal. But generally, they are reluctant to appeal the cases. Not sure why.

All the best to every one.
 
Please respond. Your case may help me.

I filed my labour under Eb2 in Apr 2003. Got approved in Oct 2005. I am from India. My lawyer screwedup my 140 application and filed in EB3 and got approved in 2006. I have double masters. My I 485 is pending since Jun 2007. I just noticed my 140 got approved in EB3. To fix this I need to file another 140 in EB2. I have concerns about what if my new 140 gets denied. Would it effect my approved I 140 in Eb3.

Please share why your 485 got denied and did you appeal on that? The information may help my case too.
 
2003AprEB2 said:
I filed my labour under Eb2 in Apr 2003. Got approved in Oct 2005. I am from India. My lawyer screwedup my 140 application and filed in EB3 and got approved in 2006. I have double masters. My I 485 is pending since Jun 2007. I just noticed my 140 got approved in EB3. To fix this I need to file another 140 in EB2. I have concerns about what if my new 140 gets denied. Would it effect my approved I 140 in Eb3.

Please share why your 485 got denied and did you appeal on that? The information may help my case too.
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What did your labor say? Is it Bachelors with 5 years experience or Masters (or both)? It is all depend on your lc and showing equivalent to US Masters. If you can show that, then there shouldn't be any problem.

I don't think new 140 denial has to do anything with approved I140 since both are in different EB categories, but again it depends on what your lc said and the mood of the officer.

Thanks
 
Hi all,

One of our employee's I-140 got rejected in June 08. My attorney stated today that there is good news for AMIETE/ AMIE/ IEMI. He stated that he will be re-filing the denied case on Monday as there is a convincing evidence to prove that AMIETE is equivalent to B.S. Anybody wants the attorney's help please email me. I am watching this forum and I knew that AMIE people have problem with I-140 approval. I thought the information our attorney has would be helpful for all of you. According to him all the denied or revoked cases can be re-filed with the new evidence.
 
Evidence

Can you explain me what kind of evidence that your attorney has? I had put all evidence that I could get (and think of) and good evaluations, and my case is still pending at AAO. I filed another EB3 I140 which is still pending.

If you look at some of recent AAO decision, you can find that AMIE/AMIETE are not consider as equivalent to BS since this were not awarded by College/University though they are equivalent to US BS otherwise.

Can you send me the details to gcperm@gmail.com?

Thanks!
 
Hi, were you finally able to get your I-140 approved. Please help with documents needed. Mine is denied and I have to appeal ASAP.
Thanks!
 
Attorney is refiling all AMIE/TE cases

I spent a good deal of time with an attorney I know very well and respect discussing AMIE/TE. He is refiling all AMIE/TE cases that were denied (at any time) and is confident he will get approvals based on NEW evidence. He is a top notch attorney and I believe he has gotten approvals to date. Put your attorney to work getting info or get a new attorney. He feels future AAO cases will reverse the decisions.

Email me at sheila at danzig dot com for more details. Mention this post in the forum.

hellogc_2006 said:
Can you explain me what kind of evidence that your attorney has? I had put all evidence that I could get (and think of) and good evaluations, and my case is still pending at AAO. I filed another EB3 I140 which is still pending.

If you look at some of recent AAO decision, you can find that AMIE/AMIETE are not consider as equivalent to BS since this were not awarded by College/University though they are equivalent to US BS otherwise.

Can you send me the details to gcperm@gmail.com?

Thanks!
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Sheila R Danzig said:
I spent a good deal of time with an attorney I know very well and respect discussing AMIE/TE. He is refiling all AMIE/TE cases that were denied (at any time) and is confident he will get approvals based on NEW evidence. He is a top notch attorney and I believe he has gotten approvals to date. Put your attorney to work getting info or get a new attorney. He feels future AAO cases will reverse the decisions.

Email me at sheila at danzig dot com for more details. Mention this post in the forum.
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I have a corporate attorney and they won't allow me to go out to any other attorney. I will contact you shortly. thanks
 
Hi, My I-140 has been denied and I'm yet to know the reason for denial. I have got my EAD. IS it possible to reapply for the I-140? Any idea what is the timeline for the decision on the reapplied I-140? I would appreciate any suggestions and responses. Thanks
 
Denial

When you find out why it was denied your attorney maybe able to file a Motion to Reconsider.

tin1 said:
Hi, My I-140 has been denied and I'm yet to know the reason for denial. I have got my EAD. IS it possible to reapply for the I-140? Any idea what is the timeline for the decision on the reapplied I-140? I would appreciate any suggestions and responses. Thanks
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Thanks Sheila, I am talking to my employer and they are yet to receive the letter from INS. My employer also mentioned, that it will be better to start the process again (from filing for the Labor) parallel to reapplying to I-40. Can anyone suggest if it is also required to file LC again? Thanks for all your input.
 
Amiete

The attorney I spoke to is using the ORIGINAL LABOR CERTIFICATES - so that dates is kept. I can look at your documents and advise if you like.

tin1 said:
Thanks Sheila, I am talking to my employer and they are yet to receive the letter from INS. My employer also mentioned, that it will be better to start the process again (from filing for the Labor) parallel to reapplying to I-40. Can anyone suggest if it is also required to file LC again? Thanks for all your input.
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Thanks Sheila, I am still waiting to hear the reason for denial(My employer is waiting for the letter). I will let you know. Thanks
 
Hi Sheila,
I was told the reason for denial was due to educational qualification.
Here is my qualification: I have a Masters in a different subject from India (not related to software), but do have PGD's from India too.
My employer tells me that they will reappeal and will also start the Labor process. They told me that it is not possible to file for another I-140 from the old Labor approval. The problem is my employer does not give me contact details of the attorney. Please shed some light of any other alternatives-- can another I-140 be applied from the old labor approval?? Please advise--Thanks
 
Hi,

My I-140 got denied, because it was filed in EB2. My employer tells me that they would apply in EB3 and they have to start the Labor process all over again.

Can anyone please tell me if EB3 can be filed with the current Labor or is it necessary to start the Labor process again? My concern is about the priority date, if it starts from square one.

Thank You for any suggestions.
 
Old Labor

Not likely because the education requirement will still not be met. When filing EB3 you have to be sure the edu requirement on the certificate matches your education. Several attorneys we work with file all EB3's as skilled worker with 3 years of work experience as that is all that is required for EB3.

I would be happy to review your denial at www.cciFree.com if you like. There is no charge or obligation.

tin1 said:
Hi,

My I-140 got denied, because it was filed in EB2. My employer tells me that they would apply in EB3 and they have to start the Labor process all over again.

Can anyone please tell me if EB3 can be filed with the current Labor or is it necessary to start the Labor process again? My concern is about the priority date, if it starts from square one.

Thank You for any suggestions.
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Hi, Heard from my employer that they have re-appealed for the denied I-140 (filed in EB2).

But, I just got a letter from USCIS that my I-485 which was applied has been denied, since my I140 has been denied.
Can someone please tell me, since my there has been an reappeal to my I-140, wil my I-485 still be reconsidered? Please advice. Thanks
 
Heard that the I-485 denial can be reopened by filing MTR. Since I have received the letter directly from the INS, should I file for it or should my employer file for it.
Secondly, since my I-140 has been re-appealed, should the MTR be filed immediately or should it be filed after my I140 has been approved.
Please advise. Thank You!
 
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