EB2 - I140 denied @ NSC

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prasad_g8161

Registered Users (C)
My I140 under EB2 was denied because of following generic statement used in Job offer description.

"XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree"

Because of the above statement, The Adjudicator thinks that the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied.

Here are my details:

• I got 4 year bachelor's degree in engineering and 7 years of experience at the time of labor application. EB-2 Labor applied 03/2005 and approved 06/2007.
• I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
• I-140 & I-485 applications for GC were denied on 04/11/2008.
• My current H1-B expires in 05/2008 (7th year extension).
• Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Still, H1-B extension petition is in pending status.


My Lawyer filed a new I140 in EB3 category using the same labor on 4/25.

Please let me know do I have any chance for appeal. Also, Please advice what kind of details I need to provide to appeal the decision based on my situation.

I really appreciate your help.
 
prasad_g8161 said:
My I140 under EB2 was denied because of following generic statement used in Job offer description.

"XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree"

Because of the above statement, The Adjudicator thinks that the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied.

My Lawyer filed a new I140 in EB3 category using the same labor on 4/25.

Please let me know do I have any chance for appeal. Also, Please advice what kind of details I need to provide to appeal the decision based on my situation.

I really appreciate your help.
Click to expand...

1. Petition denial is logical and appropriate. Job description was messed up by the incompetent lawyer. Appeal will not save the case, this will get denied.

2. I-140 in EB3 category would be approved. Has the lawyer filed documents to prove that the labor is still valid? Otherwise this filing will get rejected. Labor expires in 6 months after approval.
 
I am in similar situation as prasad 8161. My 140 was denied on 1/16/08 under EB2 because on my labor.. lawyer had an alternate requirement as bachelors+2 yrs.
I have a MS degree from here but unfortunately cannot fall into that category anymore
so appealed for MTR on2/14/08 which is denied on 4/24/08(quick turnaround!!)
Meanwhile I did apply for new 140 under EB3.
Now lawyer asks if i wish to appeal tis decision again??? it is actually worth? this time he says it could go to the AAO at the DC office and we could hear back a more favorable decision.
 
scotty, looks like your lawyer is trying to make big bucks out of you. Why do you think the AAO will approve your case after 17 months of minimum processing time?
 
I think so.. bcos it $585 for USCIS and $600 for the lawyer.. not to mention already paid him $600 for the initial appeal along with $585 and extra $$$$ for new 140 which is applied under eb3
 
You need to change your lawyer. I went through this pain and suffering for a long time, then changed the lawyer and things are finally on track. see my signature.
 
Last edited by a moderator:
prasad_g8161 said:
My I140 under EB2 was denied because of following generic statement used in Job offer description.

"XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree"

Because of the above statement, The Adjudicator thinks that the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied.

Here are my details:

• I got 4 year bachelor's degree in engineering and 7 years of experience at the time of labor application. EB-2 Labor applied 03/2005 and approved 06/2007.
• I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
• I-140 & I-485 applications for GC were denied on 04/11/2008.
• My current H1-B expires in 05/2008 (7th year extension).
• Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Still, H1-B extension petition is in pending status.


My Lawyer filed a new I140 in EB3 category using the same labor on 4/25.

Please let me know do I have any chance for appeal. Also, Please advice what kind of details I need to provide to appeal the decision based on my situation.

I really appreciate your help.
Click to expand...


Many companies file generic ads for multiple IT positions which have that line in them in order to compensate for lower-IT positions in which a 3 year bachelor's degree and 3 years of experience may be used. Was the ad that was placed for multiple positions or just one position?
$600 only to file I-140 seems cheap attorney fees to me!
 
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