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I-140 Denial-please Post Your Experiences---
- Thread starter rakeshr
- Start date
Doyour best to find a good lawyer
I think I had a strong case of NIW. I have 30 publications, one natinal reward from my homecountry. I have been working on the projects funded by National Science Foundation and National Institutes of Health at the leading universities like Johns Hopkins, and I provided a lot more materials than usual (for example, I had 12 reference letters from Scientists at EPA, NASA, Johns Hopkins, Georgia Tech, etc). However, my current lawyer still could not help me to get it through. My case was still denied after the request for extra evdence. The reason is: the evdence fails to show the national interests would be adversly affected if the bebeficiary were required a labor certification.
My suggestion is: do your best to find a good lawyer.
I think I had a strong case of NIW. I have 30 publications, one natinal reward from my homecountry. I have been working on the projects funded by National Science Foundation and National Institutes of Health at the leading universities like Johns Hopkins, and I provided a lot more materials than usual (for example, I had 12 reference letters from Scientists at EPA, NASA, Johns Hopkins, Georgia Tech, etc). However, my current lawyer still could not help me to get it through. My case was still denied after the request for extra evdence. The reason is: the evdence fails to show the national interests would be adversly affected if the bebeficiary were required a labor certification.
My suggestion is: do your best to find a good lawyer.
Originally posted by jimhu17
Hi, thdai:
Did you referees mention that " your ability is significanly greater than that of American citizens with minimum job requirement..."
Thanks,
Yes, we did have the smilar contents regarding this issue. I think the perblem was mainly from the lawyer or partially from the INS officer. However, the INS gave my case two chances to express this issue, and my lawyer did not get it through. Now I quite a lot suspect about what his law office advertised: 94% success in NIW??????????? So one should be very careful in hunting a lawyer.
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labor substitution
Labor substitution
my employer has an approved labor cert that he is substituting for me. I EXACTLY MEET the job description, 4 yr bachelors degree requirement and the 5 yrs experience. its EB2.
however on the labor cert, major field of study it says "computer science" and i have a EE bachelors. On reading my edu eval, it shows that the way i took courses in school, i have a major in EE and a minor in comp science.
will my i140 be denied?
Jim, if you would comment, id really appreciate it.
Thanks everyone...and hope all get approved quickly...
vik.
Labor substitution
my employer has an approved labor cert that he is substituting for me. I EXACTLY MEET the job description, 4 yr bachelors degree requirement and the 5 yrs experience. its EB2.
however on the labor cert, major field of study it says "computer science" and i have a EE bachelors. On reading my edu eval, it shows that the way i took courses in school, i have a major in EE and a minor in comp science.
will my i140 be denied?
Jim, if you would comment, id really appreciate it.
Thanks everyone...and hope all get approved quickly...
vik.
you guys are all dillusional. Your whole life depends on some bone head who does not understand technology. All he cares is when can he go and get his BIG MAC and FRIES. HE does not know what he is doing. Just leave it to fate and live a life of slavery.
this whole thing is slavery reinvented. If you guys did not get it yet. You deserve it. I am in this whole immigration stuff for 5 years now. same stuff. I lead 50 US citizens (all white and +40 years). The MR Cornhusker in NSC asks my credentials. I wonder if he even passed high School. this guys is going to judge me.
LOL. This whole thing is a joke.
this whole thing is slavery reinvented. If you guys did not get it yet. You deserve it. I am in this whole immigration stuff for 5 years now. same stuff. I lead 50 US citizens (all white and +40 years). The MR Cornhusker in NSC asks my credentials. I wonder if he even passed high School. this guys is going to judge me.
LOL. This whole thing is a joke.
ghost-rider
Registered Users (C)
there you go nik
All the faith is in had of person who doe't know antthing techinal or max hv some reference notes to consult which he's not bothered. So it all depends how his GF/wife treated him in the morning.
All the faith is in had of person who doe't know antthing techinal or max hv some reference notes to consult which he's not bothered. So it all depends how his GF/wife treated him in the morning.
And also...
Who knows what the intensions of this officer are?
He may deny just because (say) he personally doesn't like a specific country/color/race/religion/name etc. Is there a way to prove his intentions or the authenticity of his judgement?? Appeals are just worthless.
Irrespective of the type of officer, I personally hope that the process could speed up a bit. They just take too much time - hence make you a slave. Any genuinely valid GC application shouldn't take more than 2 years. They can do every bit of checking and screening they want. Perhaps technology could really take a good role here.
PS: I feel bad for nikreddy, who is waiting for 5 years. Good luck man!
Who knows what the intensions of this officer are?
He may deny just because (say) he personally doesn't like a specific country/color/race/religion/name etc. Is there a way to prove his intentions or the authenticity of his judgement?? Appeals are just worthless.
Irrespective of the type of officer, I personally hope that the process could speed up a bit. They just take too much time - hence make you a slave. Any genuinely valid GC application shouldn't take more than 2 years. They can do every bit of checking and screening they want. Perhaps technology could really take a good role here.
PS: I feel bad for nikreddy, who is waiting for 5 years. Good luck man!
The vast majority of I-140s that are denied are denied due to the officer KNOWING and following the rules and the LC not being done properly or the employer being in so weak a financial position that it can't prove that it is able to pay the offered wage.
I'm not big fan of INS (I've had far too many cases with them to think they know what they are doing all the time) but NIKREDDY seems to be awfully quick to judge someone who he has never met and know nothing about while at the same time complaining that the officer is judging him. It is the officers job to judge him.
I'm not big fan of INS (I've had far too many cases with them to think they know what they are doing all the time) but NIKREDDY seems to be awfully quick to judge someone who he has never met and know nothing about while at the same time complaining that the officer is judging him. It is the officers job to judge him.
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Wow, An opinion from MR Mills himself what an honor.
I was not quick in my judgement. I am very frustrated with the whole bureaucratic incompetance. Here is why i made the judegement
1) LABOR CERTIFICATION: This is the process where the system checks if there is any local candidate who can meet the requirement. and checks the applicants credentials to see if he meets the job requirements. In my case it took 3 years in my case. LOL. This is where it should be checked from Job requirements to candidates qualifications. Not at I-140 stage.
2) I-140. The company has been paying my salary for more than 7 years now. has been in business for more than 7 years. If INS has the ability to check the financial stability of a company. Hurray! we have a multi talented agency. They should include that as a part of the paper work required instead of sending invented questions because they can not handle the work load. OK granted they have all the POWER to do so. It has so far taken them 10 months and still not able to conclude this drama.
How long MR Mills, does a system take to JUDGE a persons ability to immigrate to a country. They can decide what ever they want to, i am not questioning there decision. Just the way they do it. People need not be left in limbo. Thats all.
Thanks for your reponse anyway.
I was not quick in my judgement. I am very frustrated with the whole bureaucratic incompetance. Here is why i made the judegement
1) LABOR CERTIFICATION: This is the process where the system checks if there is any local candidate who can meet the requirement. and checks the applicants credentials to see if he meets the job requirements. In my case it took 3 years in my case. LOL. This is where it should be checked from Job requirements to candidates qualifications. Not at I-140 stage.
2) I-140. The company has been paying my salary for more than 7 years now. has been in business for more than 7 years. If INS has the ability to check the financial stability of a company. Hurray! we have a multi talented agency. They should include that as a part of the paper work required instead of sending invented questions because they can not handle the work load. OK granted they have all the POWER to do so. It has so far taken them 10 months and still not able to conclude this drama.
How long MR Mills, does a system take to JUDGE a persons ability to immigrate to a country. They can decide what ever they want to, i am not questioning there decision. Just the way they do it. People need not be left in limbo. Thats all.
Thanks for your reponse anyway.
It's not how long it takes to judge a certain thing, it's how long the line is that's causing the delay. It only takes a minute to buy movie tickets but you can still wait in line for an hour to get there.
It also takes DOL much longer to deny a case than it does to approve it since the officer issuing the denial must assume that the decision will be appealed to BALCA. The officer must therefore fully document the reasons for the denial, which takes a LONG time.
BTW, DOL only give a cursory look at the individual's qualifications for the position. I have seen many cases denied at the I-140 level due to the person not having the qualifications stated on the LC and these were NOT substitution cases.
It also takes DOL much longer to deny a case than it does to approve it since the officer issuing the denial must assume that the decision will be appealed to BALCA. The officer must therefore fully document the reasons for the denial, which takes a LONG time.
BTW, DOL only give a cursory look at the individual's qualifications for the position. I have seen many cases denied at the I-140 level due to the person not having the qualifications stated on the LC and these were NOT substitution cases.
I-140 approval
Hello I-140 Gurus,
Please let me know, if any of you, have successfully done the following kind of case.
Case: We want to file for I-140 in California Service Center using substitute labour certificate which is approved in Texas by Texas Service Center. Job location mentioned on labour certificate is Texas.
Reason: California Service Center is much faster than Texas Service Center. Also, applicant is on H1 visa residing in bayarea, California and working for a client who is also in bayarea, California. Applicant's employer's head-quarter is Houston, Texas; however employer has a branch office in Bayarea, California.
Thanks,
Neelakshi
rupalic@TurnAroundStrategies.com
Hello I-140 Gurus,
Please let me know, if any of you, have successfully done the following kind of case.
Case: We want to file for I-140 in California Service Center using substitute labour certificate which is approved in Texas by Texas Service Center. Job location mentioned on labour certificate is Texas.
Reason: California Service Center is much faster than Texas Service Center. Also, applicant is on H1 visa residing in bayarea, California and working for a client who is also in bayarea, California. Applicant's employer's head-quarter is Houston, Texas; however employer has a branch office in Bayarea, California.
Thanks,
Neelakshi
rupalic@TurnAroundStrategies.com
labor substitution - need help
i meet all the criteria(job desc, 4yr degree, yrs of exp, eb2) except that the labor cert has specified
a major in computer science(750A), whereas i have 4 yr engg degree EE and NIIT(comp diploma). when
looking at the edu eval, the attestation says, based on the courses taken in BE(23 units of CS courses)
and NIIT, i have a major in EE and major in comp science. will I140 be denied?
thanks,
i meet all the criteria(job desc, 4yr degree, yrs of exp, eb2) except that the labor cert has specified
a major in computer science(750A), whereas i have 4 yr engg degree EE and NIIT(comp diploma). when
looking at the edu eval, the attestation says, based on the courses taken in BE(23 units of CS courses)
and NIIT, i have a major in EE and major in comp science. will I140 be denied?
thanks,