I-140 Denied Based on BS degree and NIIT

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I-140Denied

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Can every one of you there update your current situation where your I-140 has been denied based on your BS degree and NIIT course.

Thanks

I-140Denied
 
Could you please post more details such as EB category, LC requirements, etc... It will be of more help
 
My I-140 got denied.

I have three years degree + 2 years NIIT diploma.

First time when I filed my I-140 in EB2/RIR category it was denied saying my LC requirement did not match with my education.

I refiled second time in EB3 category with new education evaluation and it was denied again for the same reason.

BCIS is not accepting NIIT diploma..


Hope it helps..

Rakesh
 
This means that any one who has 3yrs of Bachelor and 2 years of Diploma from Aptech/NIIT will never be able to qualify for a I-140 approval.

what does the story stand for them ....
 
I think for people with 3 yrs Bachleors it should be specified in Form ETA-750-A
"Will accept three years of education plus three years work experience in a related occution in lieu of the required Bachelor's degree."

Thanks
 
I agree with Arun that job description in ETA should mention about 3 yrs degree with exp or diploma ..
 
this seems to be a good advice.

Is it actually possible to do that ?

Actually I am beginning to file my labor. This means I should file under EB3 category. I did my three years bachelor in 1994 and my Aptech in 1998. So from which period does my experience start.

After completing my Aptech or after finishing my bachelors when I had started working.

Also anyother advice which can save me in these processes will really help ...
 
If you are filing for new labor, make sure that in Form ETA-750-Part A

Section 14 : Minumum Education

Bachleors or Equivalent or its foreign degree equivalent. Will
accept three years of education plus three years work experience in a related occution in lieu of the required Bachelor's degree.

------------

Some thing like this. Rest your lawyer can advise.

-Arun
 
Originally posted by rakeshr
My I-140 got denied.

I have three years degree + 2 years NIIT diploma.

First time when I filed my I-140 in EB2/RIR category it was denied saying my LC requirement did not match with my education.

I refiled second time in EB3 category with new education evaluation and it was denied again for the same reason.

BCIS is not accepting NIIT diploma..


Hope it helps..

Rakesh
Click to expand...

Hi Rakesh,
What is the status of your labor and 140 right now? Have you refiled your EB3's I-140??

I am in the same situation that my first Eb2's I-140 was rejected because of educational mismatch in the LC. I applied my second labor in EB3 and after painful of 17 months waiting my labor got approved last month. I have applied I-140 non concurrent couple of weeks ago.

My education & Experience:
- 3 year Diploma
- 3 year BS
- 11 years experience

Right now I am half the way thru with my MBA in here...

Please let me know whats your status..

thanks..
 
m78768,

My refiled I-140 was also denied. The reason is the LC requirement and my education did not match.

I filed second time in EB3 category.

I have three years degree + 2 yrs NIIT diploma + 7 yrs experience.

I have started my Labor certification from the begining.

Hope it helps.

Good Luck
Rakesh
 
Hi Rakesh,

Firstly it is hard to conceive but then what you did is the best way out.

I have very similar case like you ...

can you please share your experience with me since I have yet not filed for my Labor and i am in the inital stages since my company is advertising ... and I yet have to prepare my 750A.

Can you please share the content of advertisiment you are going to put up in context of experience and education.


and what excatly are you going to mention in your 750A about the experience and education.

I graduated in 1994(3 years) and started working and finished my Aptech in 1998 December.

Your valuable information will really help.

Thanx a lot,
 
Labor Substitute

Hello Gurus,

Need your help. Iam in a situation that my company has offered labor substitution and i have question in educatinal qualification. I dont want to take any risk, since this my 5th year in H1.

Labor sub says for education - "BS or foreign equivalent "
major field of study - "comp Sci, Comp Eng or related field"
experience "2 years"

My background - "B.com 3 year degree + 2 years APTECH + 8 years experience"

Above labor was approved in 2000. Do you'll think this will work. Appreciate your great advise.

Thanks,
GC_waiting2Long
 
Guys if they check education at i-140 stage why do they give LC in first place? Once they have given LC means these checks must have been during LC stage ...so I-140 should not have these checks.
 
user 850 -- there is no logic in USCIS

If USCIS works with logic then they would stream line the process. You are right when labor is cleared why can't they check if the candidate is the suitable for advertised job and at the same time company is complying with the prevailing wages. Also see if the company has ability to pay from its stated revenue. Once LC is cleared this way then there is no reason to put people through enormous stress at I140 and I485 stages. I140 and I485 stages should be routine backup check if LC guys did their job properly.

When a department takes 1 to 2 years to clear LC I would expect them to do that. We are dealing with USCIS so anything is possible. Does PERM change some of these inconsistencies? Hope so.
 
Labour and I140

Labor is conditional to the job requirments shown by the Company. Company Holds the rights to them and can use it for anyone they want to till they meet the criteria in the labor. They are not associated with a Candidate. In the above mentioned case,I think the criteria and qualifications don't match and hence the denial.
 
rajudm,
actaully those guys who got denied in 140 ,may be they used labor sustitution,
that's why they got denied.if they only apply from starting thru eb3 and non rir category, i dont think they'll have problems..

any thoughts??
 
zamq

you are right i guess. The labor substitution leads to interpretation by an officer. This would be subjective so anything can happen.

but the company's ability to pay can be checked while labor certification is issued, there is no need to have it at I140.
 
Hi all,

I am also in same kind of situation ( 3 year Degree + NIIT Diploma) filed in EB2/RIR, and Most positively my I-140 going to be rejected. I am worried because i don't know how much time it will take.

3 options left for me.
1) If I go for appeal and reopen my case again OR
2) Try refiling I-140 again in EB3 with the same LC OR
3) start new process for fresh LC

Which one you suggest is better one and also
Will it be possible to get 7th year h1-extension also on the above basis.

I appreciate your help.

Thank you.
Waiting Over
 
Substitute Labour

My company has used a substitute labour for me.

Substitute labour : BE Comp Science with 5 years exp.

My qual: BE Mechanical Engg + MBA - SYSTEMS with 6 years of exp.

Does the specialization in BE matter during the approval ?? ie., Mech Vs Comp Science ..?

Does concurrent filing of I-140 & I-485 vs Seperate filing of I-140 & I-485 make any difference with regd to the approval of the I-140.

My I-140 was applied 9/2003 and my company has not yet applied I-485. Does this have any impact on the I-140 approval date.

Thanks
Ramesh
 
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