I 140 denied Pl help

My I 140 has been denied on Dec 30, 2004. The reason of denial is education stating that my 3 years of college + 2 years of diploma in computer application + 5 years of work experience does not add up to 4 years of baccalaureate equivalent to a bachelors In US.
My company had given me an approved labor of another employee who had a bachelors In electrical engg with no experience.

I had submitted a qualification evaluation and according to that my educational background and experience are equivalent to an individaul with a bachelor degree in business and computer science from an accredited university in the US. The evaluator determined that three years of experience equates of one year of university credits.

Pl suggest.
1) Shud we appeal against the decision?
2) What are the chances?
3) Can we apply I-140 again using same labor but with a different Qualification evaluation?
4) My husband is working on EAD, what happens to the EAD during the appeal period?
5) Will starting again from labor be good idea or shud we start packing our bags?

United Nations pl reply.
Case is under EB3. Fortunately, recently I have got my H1 extended for the last year and it is valid until Mar 2006.

The reason of denial is, the labor certification (ETA 750) states that the minimum qualification for the position is a baccalaureate degree, or its equivalent in Computer Science or Electrical Engineering. The evidence of record shows Form ETA-750, Part A, block 14 reflects four years of college and no experience. As evidence that the beneficiary is a member of the preofessions, the petitioner submitted a qualification evaluation from <guy whose approved labor is used>, Ph.D of Multinational Education & Information Services, Inc. The evaluator certified that beneficiary was awarded the degree of Bachelor of Commerce(honours) from the University of Delhi, India. This is equivalent to a three-year program of academic studies in Business and transferable to an accredited university in The US....Her educational background and professional experience are equivalent to and individual with a Bachelor degree in Business & Computer Science from and accredited University in the US.

The evaluator determined that three years of experience equates to one year of university-level credits however, education and experience cannot be combined for an E32 professional classification. The beneficiary does not hold a bachelor degree in either Computer Science or Electrical engineering. The form ETA-&50 does not allow for a degree in any other major field of study nor does it allow for less than four years of college education.

Therefore, the petition is denied because the beneficiary is not a member of the professional field of the intended employment.

I do not understand what went wrong and where?

What is PERM?
Thanks for your prompt reply.
I have 3 years of Bachelor of Commerce + 2 years of post grad diploma in computer application + 9 years of experience as of today.

Is it good to reopen same I140 with new evaluation? I am not sure how the new evaluation will still match the labor term which shows 0 experience.

Isn't that my lawyer/employer should not have given me such approved labor that has 0 experience requirement in labor. Or the lawyer should not have submitted such evaluation. While submitting the I140 papers we had asked him why he wants to show 0 exeprience of mine. He said it is okay to do.

Should I change my lawyer?


Registered Users (C)
One thing which is glaring in your case is that the LC specifies BS in Comp Sci or Elec Engg. Since you have commerce ( 3 yr degree ) it does not equate to the BS in Comp Sci nor Elec Engg. So that is the problem.
Also how much experience you had at the time the LC was applied? This is also very important. If you did not have enough of experience then it will also work against you.

Please post the details like LC filing date ETA 750 Box 14 and 15,
Who did your degree evaluation etc.


Registered Users (C)
one more question for you

Hi unitednations
It seems to me that you have much experience on educational issue.
Please clear my doudt.

My labor was applied in apr 2002 in regular process.
in 750 form they specified the requirement is

"Bachelors degree (12+4+4)"
"2 year experience in relevant filed"

They did not mension any thing other than those above 2 lines.
I have MCA (12+3+3)from india and 2 yrs experience out side of this company.

Will be there any problem in labor or I 140?

GC Guy

Registered Users (C)
I have BS(3 years program)+ 9 years experience and + 1.5 years computer edcuation from private institue.

My lawyer had applied my I140 in EB2 category and it was denied.

They recenty re-applied the case as EB 3 now.

I think on my LC its mentioned as BS + 6 years(I had 6 years of experience becore LC filing)

Does anyone think I will have issues again my new I-140 application cause I do not have BS with 4 years of education? Is there anything I need to do to amend it?



Registered Users (C)
Intent to deny I485 recieved

Hello guys,

I recieved a letter today which says "intent to deny 485" based on my 140 being denied on Jan 5-2005. It also says I have 30 dayts to furnish any additional information to change the intent to deny.

My problem is,
The 140 was applied for my wife who has the H1
I am working on the EAD obtained on the basis of the 485 application of my wife. I understand from other posts that my EAD would be invalid now.

I want to understand hoiw many days do I have after I recieve the 485 denial notice to get off my companies payroll.

What happens if I keep mum & continue working for my employer till I have to renew my EAD which is about 9 months from now.

Please help.