Experts, Please Comment on Recent I-140 Denials!

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vivani

Registered Users (C)
I have been seeing quite a few I-140 denials, in the recent past, citing unmet educational qualification requirements.

For instance: I hold a B.E degree in Electronics & Communication, and have had 5.5 years of experience when applied for LC. My LC and job advt required BS degree/5 yrs of exp (progressively responsible). I got through LC and concurrently applied I-140 & I-485; My education evaluation states that I have a degree that is equivalent to BS degree in the US. Does the fact that my labor & advt didn't specify "BS or equivalent degree," makes me a potential candidate for an I-140 denial?

Any expert opinion is highly appreciated!

Thanks
 
I don't think you would have problem with the education evaluation. Do not be too pessimistic, anyway, you can't change the advertisement now.
 
What ever past experience letter you provide better request the past employer to add words:

His/her work with us has been PROGRASSIVE or Progressive nature, or He progressed while he was working with us he attainted new skills like….. or certifications like MSCE 2000, CCNA, XUS , BBBB, YYYY. The word Progressive is important
 
i was just browsing here. Its correct Ginnu, those are the words they looks for.
my case is filed in VSC, and got RFE for the same reason and after 2 months of answering, its still IN-PROCESS
 
I have a question, can some help me:
I took substitute labor and applied for 140. THe person who left after LC approval had Btec degree and have 4 yrs experience.
I have MS in physics and PG diploma in computers and many other training and etc. certificates. Have nearly 8 plus yrs of experience.

Do I have any issues in I-140? if yes, what are those?
Please let me know
Regards
 
Hi Sahithi,

I think in your case, much depends on the approved LC / ETA 750.

If the LC specifies Bachelor's Degree alone, you should not have a problem. But if it specifies Bachelor of Engineering Degree explicitly, I think you have to be very careful to get the right words in the Educational Equivalency Certificate. Good Luck with your case.
 
Hi All :

Can anyone please share their knowledge/experience here ?
I have received an RFE regarding my educational Qualifications. Iam not confident that the RFE can be convinced, since i have an unrelated degree (Architecture from a Regional Engineering Colege.- India), and a PGDip. in Computer Applications along with TWO Oracle Certifications (OCP) and a few other testing achievements. The LC says ("Bachelors in Computer science or engineering or Equiv.").
Educational evaluations have all been submitted along with the original set.

The RFE asks to provide evidence that I have a Bachelors degree in Engineering or Computer Science. (and "Equivalency" will not be accepted .- God knows why??)

Can any one please share their thought processes that could help me build my response for the RFE??
Appreciate your help.

Thanks
 
Ravavi,

I don't have a good suggestion for your case with the details that are posted here. I would concentrate on the following few things:

1] Is your Architecture and Engineering Degree ? If your course is 4-year Engg Degree, I think you could project it to be an Engg Degree and is equivalent to BS, since the LC specifically mentioned about it. It will be particularly helpful if your company can prepare the reply showing the details of any other similar background (I mean Architecture or Metallurgical or Civil Engg etc) in similar jobs, that will be nice to add.

2] Try to project the image of the REC college. Obviously these are some of the finest Engg colleges in the world and even you could add that these are next to IITs (These days, everyone in US knows about IITs after that CBS coverage).

3] Importantly, Get the independent evaluation of the equivalency from a recognized agency. For Ex.. Trust Forte Corporation gives "Educational Equivalency" certificates. Get one nice one covering all the details including your OCP etc.

Trust Forte also provides "Extra-ordinary / Exceptional Ability" evaluation based on the experience, awards received, papers published, seminars conducted etc. They charge about $ 350/= for a thorough evaluation of the full background. They get these done with experts in the field or professors etc. This will help sometimes.

4] Get reference letters from experts in the field, your professors, previous bosses if they are recognized as experts in the field. You can even provide the reference letters from colleagues.

5] Do not discount on any thing.. including some papers that you might have published in electronics or computer science that were published etc. Provide full documentation about your education and career. Hopefully, they will get convinced. (Even if not, atleast you will have the basis for appeal). One good thing that I see is that your LC has reasonably broader definition of the educational qualifications required.

As I see the key is to be able to provide the documentation that you have the Engineering Degree as that is what they are asking for.

Wish you good luck with your RFE.
 
In I-140 what is the minimum financial situation INS looks for the company?
How exactly go through. Pls let me know
Thanks in advance
 
Should I be worried

Hi folks,
This is one of the best form to learn about immigration. How much should I worry about my I-140. I am little nervous after knowing about all these denials. My company is not big company . I have B.E. in EEE and a Masters in computer science from connecticut university. Also I have about 5 yrs of experience here in USA in comp.sc. line of work. what are the chances of my I-140 getting denied. Thank you in advance for your opinion.
 
I-140 RFE

Hi Sivaa:

Actually my case is not denied .But only an RFE has been issued.Hope it gets approved....

THanks for the link . I have forwarded this link to my attorney..to prepare his response to the RFE.
God know what should i do if this gets denied....

Thanks again for the web link Sivaa
 
I-140 approved but confused

Hi friends,
3 weeks back I was worried about the dates and approval of I-140. Current date used to 1/28/03 . Now it moved 2/10/03 . But the confusion is that when I checked the status 2 weeks back online at BCIS site ,it was saying that my application was recieved on april 17th. and it takes 150 days more. But when i checked over last weekend. It says my I-140 was approved,but the current processing time was updated recently to 2/10 . what is this conflit. So I guess don't worry too much about the posted dates. Your application might come earlier what you expected.


thanks folks.
 
RFE on I 140

Hi,

I have received RFE on my I 140. The reason is Equivalency of degree. In my labour, my attorney shown as a four years specialised degree and in I 140 , it is shown as 3 plus 1 year diploma. Mine is actually 3 plus 1year diploma.

Do you think will it be ok once this RFE is answered with re-evaluation of my education?

Thanks
 
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