I-140 Denial Please help !!!!

M

mcman

New Member
Hi Experts,

My company had filed my LC in PERM in Nov 2005. I got approval in 2005. Lawyer suggested us to file I-140 in EB2 category while I have asked him to consider my educatinal background

1. I have 10+3 (Diploma in Electrical Enginerring) and 12 Yrs. of Experience in IT
2. I have ceritfication like MCSE+CCNA+CNA+SCSA ( Wont help )

Lawyer finally filed in EB2 Category and finally lawyer got I-140 Denial

I-140 says that . An official acedemic record showing that the alien has united states baaccalaureate degree or Foreign equivalent and evidence in form of letters from current and former employeer showing that Alien has atleast five years of progressive post baaccalaureate experience in speciality

The submitted credential evaluation clearly state Mr. Desai satified similar requirements to completion of three years of academic study towards a baaccalaureate degree form an accredited institution of education in the United states. the Evaluation says that beneficiery additional three year degree is equivalent to bachlor degree.

There is a no provision in the regulation for using experice alone or experience in conjustion with education is less than baaccalaureate degree level as the equivalent of advance degree. the evidence doesn't established that beneficiary meets the minimum requirement of baaccalaureate degree or Foreign equivalent

If you want to appeal ... blah b.......

In what direction should I go ?
Should I re-file for Eb3 ?
Should I re-evaluate the education ?
Am I really eligible for EB3 or not ?
Your advise or opinion or any good lawyer suggestion would be appreciated

Best regards,

-Mcman
 
mcman,

What do you mean that your ceritfications don't help? Does your LC require any special skills and you want to use your ceritfications to justify it, and USCIS does not accept those ceritfications? Please clarify...

Segio

mcman said:
Hi Experts,

My company had filed my LC in PERM in Nov 2005. I got approval in 2005. Lawyer suggested us to file I-140 in EB2 category while I have asked him to consider my educatinal background

1. I have 10+3 (Diploma in Electrical Enginerring) and 12 Yrs. of Experience in IT
2. I have ceritfication like MCSE+CCNA+CNA+SCSA ( Wont help )

Lawyer finally filed in EB2 Category and finally lawyer got I-140 Denial

I-140 says that . An official acedemic record showing that the alien has united states baaccalaureate degree or Foreign equivalent and evidence in form of letters from current and former employeer showing that Alien has atleast five years of progressive post baaccalaureate experience in speciality

The submitted credential evaluation clearly state Mr. Desai satified similar requirements to completion of three years of academic study towards a baaccalaureate degree form an accredited institution of education in the United states. the Evaluation says that beneficiery additional three year degree is equivalent to bachlor degree.

There is a no provision in the regulation for using experice alone or experience in conjustion with education is less than baaccalaureate degree level as the equivalent of advance degree. the evidence doesn't established that beneficiary meets the minimum requirement of baaccalaureate degree or Foreign equivalent

If you want to appeal ... blah b.......

In what direction should I go ?
Should I re-file for Eb3 ?
Should I re-evaluate the education ?
Am I really eligible for EB3 or not ?
Your advise or opinion or any good lawyer suggestion would be appreciated

Best regards,

-Mcman
Click to expand...
 
I-140 Denial

No nothing like that. If you read the email I have 10+3 ( Diploma in Electrical Engineering) so, Would I qualify for EB3 Category
 
BCIS does not accept certifications as place holders for primary qualifications, listed as per the LC requirement. Certifications are deemed as additional support to existing educational requirement(s). I know someone who went through similar scenario.

What he did was, to go to WES (World Educational Service) or a third party education evaluation agency and get a ceritificate that all of your background and qualifications put together are equivalent to a Bachelors or even better a Masters degree from any acredited American University or educational institution. These institutions charge anywhere from 80 - 150 dollars.

Once receiving this evaluation, you can resubmit the app as an appeal. See if that works...it did work with a close associate of mine. Again, this is not a legal opinion, it could be a single case where my friend got approved. but its worth trying.
 
Does your freind has 10+3 ? or 10+2+3 ? Thanks for answer

nervewreck said:
BCIS does not accept certifications as place holders for primary qualifications, listed as per the LC requirement. Certifications are deemed as additional support to existing educational requirement(s). I know someone who went through similar scenario.

What he did was, to go to WES (World Educational Service) or a third party education evaluation agency and get a ceritificate that all of your background and qualifications put together are equivalent to a Bachelors or even better a Masters degree from any acredited American University or educational institution. These institutions charge anywhere from 80 - 150 dollars.

Once receiving this evaluation, you can resubmit the app as an appeal. See if that works...it did work with a close associate of mine. Again, this is not a legal opinion, it could be a single case where my friend got approved. but its worth trying.
Click to expand...
 
10+2+3 (B.Sc in Agriculture) - Not even remotely related to Math background/Comp.Sc, but still made out good, with much lesser experience and qualifications than what I see for you. I strongly feel you should try. Although he encountered this issue at the stage of Labor approval not 140.
 
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