I - 140 denial

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pakka_desi

Registered Users (C)
Hi,


My labor is approved and i am filing for I 140. My company has changed the attorny/ legal office. The new lawer is saying I 140 might not get approved becoz in LC the job requirement is shown as MS and 1 yr experience and i had 5 yr experience before joining the company but i completed MS after joining the company and before filing for LC. The new lawer is interpreting it as i should have had 1 yr experience after completing MS and before filing the labor. Can this b a problem?

Pls answer if u have incurred a similar prob or can help.

Thanks in advance.
 
Hi,


i had 5 yrs of experience...with my previous company...then i joined this new company in Aug 00 and finished MS in MAY 01and after obtaining degree...applied for GC in May 01.....

i am not sure if they require 1 yr experience after MS or experience before or along with MS will also be counted.

Pls advice
 
I believe you should fullfil whatever requirements are posted on LC at the time of joining the company( even if you have initailly working on H1-B for several years), not at the time of filing for GC.
I'm not an expert, but I believe your lawyer is right... you may want to talk to him again and attempt to work out a new solution - re-filing LC is definetely one of them - although not the most desirable.
Good luck
 
If I were in-house counsel I would recommend either finding another LC to subtitute into or filing another LC. I would also proceed with the I-140 if there was an argument that you meet the qualifications (I'd need to review the LC and your qualifications carefully) if we decided to file another LC.

The reason that I say "if I were in-house counsel" is that since in house counsel is paid a salary by the company, costs are a lesser concern an multiple filings are more possible. Most companys/individuals would not agree to pay a few thousand dollars a couple times for multiple filings.

It sounds as if the attorney knows what he's talking about so I'd recommend following his advice on this.
 
Clarification

In my LC Application the job requirement is shown as MS and 1 year of experience in Systems Analyst position. It doesnt say that experience has to be after completing the MS. From those wording I satisfy the requirements that I had MS as well as about 5 years of experience as Systems Analyst.
My new lawyer is assuming that 1year of experience should be after MS (as an EB2 filing), which is not mentioned in the LC.
 
Your Lawyer is right!!!

When your job requirements say that you need MS and 1 yr experience, it is but understood that the experience needs to be post MS. Experiences are always post qualification. That is exactly what your lawyer is saying. So my friend, I fear that you have the wrong LC. Ideally your LC should have had the educational reqs/experience what you had before joining this company. Then you would have been fine. GCApplcnt has touched upon this point.

As Jim was suggesting, checkout with your company, if they have any other unused LC matching your requirements and you could take advantage of it. Else, file another LC as a backup.

Take up the discussion with your lawyer again in detail and come to a conclusion.

Good Luck
 
It sounds to me as if this has already been evaulated and discussed with the attorney. Just because you do not like the answer does not mean that it is incorrect.

Your interpretation is certainly arguable. If you want to go that route, file the I-140. If INS denies it (who knows, they may surprise us all and approve it) file an appeal and argue your case. You will get an answer from the AAO in about 2 years.
 
Could a LC bearing a slightly different job title be an issue for I140 processing?

My LC has a job title of "Software Engineer" whereas my actual/current job title is "Sr. Programmer Analyst". Also, my education quals/ work experience are correct....

Do you foresee having any issues going forward (I-140/485) during my GC processing?

Thanks for your reply.....
 
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