prasad_g8161
Registered Users (C)
My I140&I485 under EB2 has been denied with following reason:
“U.S.Department of Labor ETA form 750, Application for employment certification, submitted with form I-140 states, in Part 14, the position requires a Bachelor's Degree in Computer Science, Engineering, or related field, in combination with five years of experience. In part 15, the phrases "XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree" appears, Unlike nonimmigrant petitions for temporary workers, employment-based immigrant petitions cannot make allowances to accept work experience, a combination of work experience and formal studies, or a series of certificates granted by different institutions for formal and/or informal study, when determining a beneficiary’s educational qualifications. As the labor certification accepts experience in lieu of a Degree; the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied. “
I'm really worried about my Visa and GC. Please advice me the available options based on my situation.
o I got 4 years bachelor’s degree in engineering and 7 years of experience at the time of labor application.
o My current H1-B expires in 05/2008 (7th year extension).
o EB-2 Labor applied 03/2005 and approved 06/2007.
o I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
o Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Still, H1-B extension petition is in pending status.
o I-140 & I-485 applications for GC were denied on 04/11/2008.
My Lawyer says that he will file a new I140 in EB3 category using the same labor.
I really appreciate your help.
“U.S.Department of Labor ETA form 750, Application for employment certification, submitted with form I-140 states, in Part 14, the position requires a Bachelor's Degree in Computer Science, Engineering, or related field, in combination with five years of experience. In part 15, the phrases "XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree" appears, Unlike nonimmigrant petitions for temporary workers, employment-based immigrant petitions cannot make allowances to accept work experience, a combination of work experience and formal studies, or a series of certificates granted by different institutions for formal and/or informal study, when determining a beneficiary’s educational qualifications. As the labor certification accepts experience in lieu of a Degree; the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied. “
I'm really worried about my Visa and GC. Please advice me the available options based on my situation.
o I got 4 years bachelor’s degree in engineering and 7 years of experience at the time of labor application.
o My current H1-B expires in 05/2008 (7th year extension).
o EB-2 Labor applied 03/2005 and approved 06/2007.
o I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
o Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Still, H1-B extension petition is in pending status.
o I-140 & I-485 applications for GC were denied on 04/11/2008.
My Lawyer says that he will file a new I140 in EB3 category using the same labor.
I really appreciate your help.