I-140 denial

H

helpgc

Registered Users (C)
I applied for my I-140 under EB-2 Category, and in case if it is denied for not qualifying under EB-2, would I be able to re-apply for I-140 under EB-3 category with the same approved labor certification ?

I filed my I-485 concurrently with I-140, and would that also be affected by this scenario ?
 
INS Notifies


Usually, before denying INS will send you a notice saying that the petition should be filed under Eb3 and not Under EB2 category.



Disclaimer:
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.

Regards,
 
Before you post such questions it will be nice if you can also post what were your job req in labor.

Plus what do you have, then we can also judge whether there is a chance of denial or not.
 
[Hi Shivane,

When i checked for my I-140 status , i got a message that "A written decision has been sent on sept 4" i think my I-140 has been denied. if the INS gives 30 days of time to show the required docs... how many days will it take to clear the I-140?


Thanks in advance
 
Hi Raja,

I applied labor in EB2/RIR category and got labor approved.
I filed I-140 and got a RFE that "Do we want to continue in EB2 category".
I have three years degree and seven years of experience.
Attorney replied back that we will change to EB3.
Last week INS has sent a mail that I-140 petition has been denied.
The petition required a Bachelors of Science or foreign equivalent.

My attorney suggested to start my GC process from the begining.


Thanks
Rakesh
 
Rakeshr

a) Why your petition was denied? Is it because you have three year degree or is it because field is different?

b) This one for your attorney.........
What changes is he planning to make in your petition or case to start process from scratch....
 
Because I have a three year degree.

My attorney wants to start labor again based on EB3/RIR category and on experience based.

I even filed my I-485(based on concurrent filing) and I was expecting my EAD/AP.

Rakesh
 
Are you going to appeal?

Originally posted by Raja8
[Hi Shivane,

When i checked for my I-140 status , i got a message that "A written decision has been sent on sept 4" i think my I-140 has been denied. if the INS gives 30 days of time to show the required docs... how many days will it take to clear the I-140?


Thanks in advance
Click to expand...

Hi, Raja, are you going to appeal?
 
I have three years degree and my LC required four years.
I filed my LC in EB2/RIR category.

If we appeal it will take more than two years.
It better to start new.
 
RAJA8 & THDAI


Please post details about your I-140 and what steps your attorney is going to take.


Thanks
Rakesh
 
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