I-140 Denied (EB2) , Refiled in EB3

[vka2100]

I've 3 year diploma + 12 years exp. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. We refied I-140 (EB3) using same LC (EB2). What are the chances for approval? Have they approved any case like mine ?

Thanks

 

[riz_arsh]

Evaluation is important

I've 3 year diploma + 12 years exp. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. We refied I-140 (EB3) using same LC (EB2). What are the chances for approval? Have they approved any case like mine ?

Thanks

Please let us know the following to help anwser your question:

1. What kind of education evaluation you provided alongwith the I-140?
2. Which service-center is processing your I-140? (NSC or TSC based on the receipt number)
3. The Labor education and experience requirements.
4. The reason for denial with your first EB2 I-140 application

 

[desi3933]

I've 3 year diploma + 12 years exp. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. We refied I-140 (EB3) using same LC (EB2). What are the chances for approval? Have they approved any case like mine ?

Thanks

What is the minimum requirement for joing diploma course? If it was Grade 10, the Diploma is not even equivalent to Asssociate Degree. If it was Grade 12, then it can be argued for equivalent to Associate Degree.

if LC mentions Bachelor degree, then chances of eb2 I-140 is not son high. All depends on what mentioned in LC Requirements.

 

[Chocolate]

Any help

What is the minimum requirement for joing diploma course? If it was Grade 10, the Diploma is not even equivalent to Asssociate Degree. If it was Grade 12, then it can be argued for equivalent to Associate Degree.

if LC mentions Bachelor degree, then chances of eb2 I-140 is not son high. All depends on what mentioned in LC Requirements.

My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
My labor although has details of my Masters as my qualification not a requirement for labor. Is it understood that its BS+5 yrs or MS+0 or it shud be specified in labor. Becoz my labor doesnt specify that.Although in column called aliens background it has details of my BSand MS.yes i will push my lawyer to do that.So will it not matter whether the first experience is my final year BS.Will it pose a problem?if it does also i have experience apart from that which still meets the labor requirement.Any inputs.

 

[desi3933]

My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
My labor although has details of my Masters as my qualification not a requirement for labor. Is it understood that its BS+5 yrs or MS+0 or it shud be specified in labor. Becoz my labor doesnt specify that.Although in column called aliens background it has details of my BSand MS.yes i will push my lawyer to do that.So will it not matter whether the first experience is my final year BS.Will it pose a problem?if it does also i have experience apart from that which still meets the labor requirement.Any inputs.

How much experience you had when your labor was files (on PD)?
Also, 1 year exp while in final year BS may not count.

 

[Chocolate]

Additional info

How much experience you had when your labor was files (on PD)?
Also, 1 year exp while in final year BS may not count.

Thanks for the input. I worked for 6 months in India after my BS and in US 1 yr as RA during my MS and 4 years in a fortune 500 company.before filing for labor.Any inputs. can i in any way turn in into a EB2 case if its not although the labor application is for BS+5 years. and experience is progressive 1 yr in BS and 6 months as a training executive and rest as a software developer.All this was before labor was filed.Any inputs.

 

[vka2100]

Please let us know the following to help anwser your question:

1. What kind of education evaluation you provided alongwith the I-140?
2. Which service-center is processing your I-140? (NSC or TSC based on the receipt number)
3. The Labor education and experience requirements.
4. The reason for denial with your first EB2 I-140 application

1. New evaluation is done from TrustForte
2. I don't know. Receipt # starts with LIN.
3. It is BS with 6 years exp. Also, Col 8 is (Other / Diploma in Engg. / 6 years) but Col 14 is blank and Col 15 is NO.

4. I-140 Denial Reson is

"Title 8 Code of Federal Regulations at part 204.5(k)(2)
Title 8 CFR at part 103.2(b) governs the responsibility of the applicant or petitioner when filing an application or petition with the Service.

An applicant or petiotioner must establish eligilility for a requested immigration benifit. An application or petition form must be completed as applicable and filed with any initial evidence required by regulation or by the instructions on the form. Any evidence submitted is considered part of the relating application or petition.

if there is evidence of ineligibility in the record, an applicaion or petition shall be denied on that basis notwithstanding any lack of required initial evidence."

Thanks...

 

[vka2100]

What is the minimum requirement for joing diploma course? If it was Grade 10, the Diploma is not even equivalent to Asssociate Degree. If it was Grade 12, then it can be argued for equivalent to Associate Degree.

if LC mentions Bachelor degree, then chances of eb2 I-140 is not son high. All depends on what mentioned in LC Requirements.

Required for Dimploma course is Grade 10 but my qualification is 10+2+3 yr diploma + 'A' level from DOEACC, New Delhi.

LC says Bachlor Degree or Diploma in Engg.

Thanks..

 

[vka2100]

I've 3 year diploma + 12 years exp. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. We refied I-140 (EB3) using same LC (EB2). What are the chances for approval? Have they approved any case like mine ?

Thanks

I upgraded my case to PP on 10/23 and Got approval today.

LUDs: 10/24, 10/25, 10/30 ( approval)

thanks to all of you and Good Luck.

 

[gonenutswithgc]

What was different about your new I140 application after the denial?

Did you give a new evaluation that just uses the degree or did you do something different?
Thanks
In almost similar situation as U !!!

 

[srkeerthi]

I've 3 year diploma + 12 years exp. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. We refied I-140 (EB3) using same LC (EB2). What are the chances for approval? Have they approved any case like mine ?

Thanks

Actually I also have the same situation. My I-140 got rejected with approved LC (EB2) because of 3 year diploma instead of 4 years study course. Actually I have completed BA & Masters in India. The BA is 3 year and Masters is 2 years. Since here Bachelors is considered 4 years, I have 1 year in masters and they are questioning when did I complete masters. At the time of labor i got my education evaluated, and they gave masters in their evaluation.

My question how should I answer them? Do I have to redo the labor? I have lot of questions, please suggest me how to answer this RFE.

thanks.

 

[kal1234]

Can you post the content of the RFE ? Its difficult to post suggestions/opinions without looking at the content of the RFE.

IMHO:You best case case scenario : respond to the RFE ( again, it depends on what the RFE is about)

You can always redo the labor with the right wording.

 

[rashku4512]

Urgent help buddy

I upgraded my case to PP on 10/23 and Got approval today.

LUDs: 10/24, 10/25, 10/30 ( approval)

thanks to all of you and Good Luck.

Hey buddy,
Need help, I am in similar situation. post at - this id at ya ho dot c o m.

would like to talk with you - thanks

 

[rashku4512]

Hi,
Can you tell me what was the selected option for "min. qualification required" in your LC. The options are None, High school, Associate's, Bachelor's, Master's, Doctorate, Other.

If you had Bachelor's as the selected option and your I-140 got approved at NSC in EB3. I too can go for it - Help highly appreciated.