I-140 denied - Help please

S

sadguy1234

Registered Users (C)
All,

I filed in EB2(BS+5) and my case got denied after a RFE issued for education eval. According to my lawyer it\'s a mistake they did as the reason for denial is that this Job required MS+8 years of experience and I had only BS+5 years. God knows from where they read MS+8 years of experience. Lawyer said he is trying to reverse the decision if possible in a week or two and then appeal it. Also then mentioned the date of denial is Aug\'2000 which is absurd as I didn\'t even file my I-140 then.

Do you guys have any experience like that. How much time will take after the appeal ?? Is i a good option. Can I file in EB3 using the same labor in other service center...

Help plss
Thanks
 
That\'s what My lawyer said he will be doing. What are the other options if it didn\'t get corrected

 
 
Do you have a 3 year Bachelor\'s Degree by any chance

That\'s what is sounds like to me. If you only have a 3 year Bachelors you are wasting your time since the case was properly denied.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Jim..sadguy1234 has mentioned in his posting that

"God knows from where they read MS+8 years of experience". which means that the job requirement was not such. Then how come you are saying that the case was properly denied ?
 
Because if you only have a 3 year Bachelors Degree

you do not qualify for an EB-2 regardless of how much progressive experience you have.

I asked him a question and said if the answer is that he only has a 3 year bachelors degree, the case was properly denied since he does not qualify for an EB-2. If in fact INS read the requirements as a MS+8 years of experience and he has a 4 year bachelors the answer to my question is no which makes my statement that the case was properly denied not applicable.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Jim is 100% correct

It happened to me also in TSC. Because I had 3 years degree, even though I had 8+ years of exp.

I also appealed, but it was waste. I wrote to Rajiv Khanna, he also mentioned, if I have 3years degree then you can\'t help me.

So I had to file new labor, and 140 - finally got approved.

Just thought of putting my exp. Decision is yours.

Take it easy buddy.
 
He must have filed as an EB-3

He\'s not qualified for EB-2, regardless of how much experience he has, unless he earns the educational equivalent (CANNOT USE EXPERIENCE) of a US bachelors.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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