Help needed to file Appeal?

[Akash Sharma]

My I-140 denied on educational ground. INS office did not like my master degree and I am ready to file appeal with new education report from WES stating Master degree.

On Appeal form I-290 B, on second box There are four option:

1. I am not submitting seprate brief or evidence
2. I am submitting seprate brief and/or evidence with this form.
3. I am sending a brief and/or evidence to AAU within 30 days.
4. I need _____ days to submit a brief or/and evidence to the AAU.


Which one I should select? I am confused between 1 and 2. Please note I am filing this appeal first time and submitting new evaluation report with the appeal.

Please help.

Thanks.

 

[Sabu]

Hi Akash,
sorry to hear about your denial. If you are sending any documents other than ONLY Oral arguments, you have to choose Option 2.

By the way,
1. Can you please explain us the meaning of "INS office did not like my master degree"?
2. What was your RFE?
3. When did you reply to the RFE?
4. When it was denied?
5. When the last updated date changed in your I-140 and I-485 cases?


nanshi.

 

[Akash Sharma]

Nanshi

I have B.Sc. and MCA (3 years master degree).

When my employer filed my h1 5 years ago, one evaluator evaluated my degrees BS in computer Science and he submitted same report with I-140 in Aug 2003.

My labor required MS in Computer Science. My employer did not pay attention for this degree difference. So we got RFE about my degree evaluation in Jan 2004. I got my degree evaluated with Trustforte as an MS in computer science and we replied rfe with new degree evaluation.

But INS rejected I-140 in May 04 becuase of two conflicting evaluation report.

Now I am filing appeal with new evaluation report from WES.