Help, Visa Expiring, I-140 in EB2 denied

K

kamnanda

New Member
Hi,

My I-140 application, in EB2 category just got denied by Nebraska center and NO RFE was issued. Since I have just 1.5 months left in my 6 year Visa and my Labor was filed in sept 2005, my lawyer advises to file in EB3 , premium processing

I want to know, if I can retrieve my labor certificate and re-use to file for filing in EB3. How long does it take to retrieve the labor application or can we just go ahead a file it under EB3 using the same.

I believe i received a letter for Right to Appeal at AAO. How long do they take on an average and does it make sense with such a short time left on my visa


Thanks
 
do you know the reason for denial?

kamnanda said:
Hi,

My I-140 application, in EB2 category just got denied by Nebraska center and NO RFE was issued. Since I have just 1.5 months left in my 6 year Visa and my Labor was filed in sept 2005, my lawyer advises to file in EB3 , premium processing

I want to know, if I can retrieve my labor certificate and re-use to file for filing in EB3. How long does it take to retrieve the labor application or can we just go ahead a file it under EB3 using the same.

I believe i received a letter for Right to Appeal at AAO. How long do they take on an average and does it make sense with such a short time left on my visa


Thanks
Click to expand...
 
Reason for denial is degree equivalency. I've a 3 Yr. B.Sc. with post graduation education in softwares and long relevant experience. Here is what I got exactly in my denial letter:

"As established earlier, both 8 CFR 204.5(k)(3)(i)(B) and te Form ETA-9089 require the prospective employee to have, at a minimum, a Bachelor's degree plus five years of progressive experience in specialty. There is no provision in the regulations for using a combination of lesser degrees to fulfill the requirement of the Bachelor's degree. Therefore, the evidence does not establish that the beneficiary meets the minimum requirement of a baccalaureate degree or its foriegn equivalent"

Let me know what you all think I should do.

Thanks
 
If you file MTR/Appeal also, your case in EB2 won't get approved. If you file MTR/Appeal, based on this you can get your H1B extension.

My suggesstion is that you file I-140 in EB3 immediately and also contact UnitedNations. He'll tell you what exactly you need to do. Lawyers won't understand our actual situations. They take their own time.
 
I think you should consult with a better lawyer. My read on this is that your EB3 140 will also be denied since your labor does not allow for combination of education credentials. An appeal however may buy you more time incase they are looking at the I140 status and deny your H1 extension based on that.
 
unitednations said:
From reading the denial; it appears that the labor in "special requirements" said "any suitable combinatiuon of education/experience is acceptable".

The above line is needed in a perm labor to get approved if the labor has two requirements and the beneficiary only meets one of the requirements (ie., bachelors plus five or masters).

However, that line is a killer in getting 140 approved in eb2. Since the labor allows for combination it would get approved in eb3 but no way in eb2.

If it doesn't have this sentence in the labor then it doesn't allow for combination and it won't get approved in eb3 either.
Click to expand...
unitednations,
labor says BS + 5 years of experience, how do they regard experience and when does it starts. lets say at the time of PERM application , experience was 4.5 years and by the time application got to USCIS for 1-140 5 years had passed, would they consider 6 months of processing, or exp has to be 5 years exact at the time of Labor application.
 
unitednations said:
5 Years from the time you graudated from University and the date labor was filed.

Under no circumstances can you use experience or education gained after the labor was filed.
Click to expand...
in my case, my labor was filed for Sr. unix admin although I wasn't Sr. unix admin back then. I was only "unix admin" . Lawyer said as long as you get promotion by the time you get green card,,its ok.
So my labor was filed in jan,2003 and I became senior in March,04 .


Are you saying - the exp . between jan,2003 and march,04 cann't be applied for my I140
 
another query

Assuming the worst case, that my visa expires without an getting extension and I have to leave the country

1. does it mean that I have the start the green card process from scratch

2. I know i cannot enter US for an year. Does that also mean that I am ineligible to apply for Travel visa(B1/B2)?

Also wanted to add that my process started in sept 2005

Thank you for your reponses. Its a big help.
 
If you hold a job while attending school, does that experience count as relevant experience for the position? I was trained by a doctor but was not getting paid, but this training did not give me any credit for my degree...
 
EB2 or EB3

HI all

kamnanda said:
Hi,

My I-140 application, in EB2 category just got denied by Nebraska center and NO RFE was issued. Since I have just 1.5 months left in my 6 year Visa and my Labor was filed in sept 2005, my lawyer advises to file in EB3 , premium processing

I want to know, if I can retrieve my labor certificate and re-use to file for filing in EB3. How long does it take to retrieve the labor application or can we just go ahead a file it under EB3 using the same.

I believe i received a letter for Right to Appeal at AAO. How long do they take on an average and does it make sense with such a short time left on my visa


Thanks
Click to expand...
 
Please act on this message - There are possiable solutions for your issue.



kamnanda said:
Assuming the worst case, that my visa expires without an getting extension and I have to leave the country

1. does it mean that I have the start the green card process from scratch

2. I know i cannot enter US for an year. Does that also mean that I am ineligible to apply for Travel visa(B1/B2)?

Also wanted to add that my process started in sept 2005

Thank you for your reponses. Its a big help.
Click to expand...
 
Afraid Of Nsc-i140

Mine Si Same Like Kamanda I Guess But In Hole Of I140 Yet. I Have Some Problems In I-140. Mine Is 3yrs Bach+1yr Diploma Degree, Professional Job As Analyst, Eb3 Category. I Am From From Maryland So Vsc Is Center. My Lawyer Called Me That File Is Ready To Go But Vsc, Tsc And Csc Are Not Excepting Any I-140 Now, They Has To Be File At Nsc. But Nsc Is Very Strict And They Are Denying For 3yrsbach Degree In Professional Job. So I Don't Know What To Do? Any Ideas? Any One Like Mine Case? Please Let Me Know. Any Responses Are Appreciated.plzzzzzzzzzzz.
 
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