I-140 Denied. Please Advise

M

mitware

Registered Users (C)
Gurus, please help.

I have 3-years degree from India and then Chartered Accountant from India. For my I – 140 petition under EB2 Category, I got an Intent to Deny letter from USCIS. Reason being I do not posses a four-year college level degree and that I the beneficiary must have a single degree that is the “foreign equivalent degree” to a US baccalaureate degree.

I then got an evaluation done by Josef Silny, but USCIS denied my petition. It also denied converting my I-140 petition under EB3 category because of the educational requirements in ETA-9089.

I. What according to you should be the further course of action?

a. File an appeal against the denial before the AAO on the basis of the clarification issued by Efren Hernandez, then INS Director, Business and Trade Services that the term “degree” is not limited to cases in which one has single degree from a single educational institution. And hence combined studies from several institutions can be equivalent to US degree
OR

File another I-140 petition under EB2 category for the same labor with another credential evaluation

b. AND simultaneously file another PERM application under EB3 Category (6 years expiring in August 07)

II. How much time does AAO generally take to decide on the appeal?
 
1.Which category was it filed on EB3?
2.I saw in that forum that the EB3 AAO appeals are taking approx. 18 months.
3.I also saw in this forum that if you have multiple degrees, then it needs to be properly worded in the Labor and it can be filed for EB2. I believe UN, Anil are expert on this.
 
mitware said:
Gurus, please help.

I have 3-years degree from India and then Chartered Accountant from India. For my I – 140 petition under EB2 Category, I got an Intent to Deny letter from USCIS. Reason being I do not posses a four-year college level degree and that I the beneficiary must have a single degree that is the “foreign equivalent degree” to a US baccalaureate degree.

I then got an evaluation done by Josef Silny, but USCIS denied my petition. It also denied converting my I-140 petition under EB3 category because of the educational requirements in ETA-9089.

I. What according to you should be the further course of action?

a. File an appeal against the denial before the AAO on the basis of the clarification issued by Efren Hernandez, then INS Director, Business and Trade Services that the term “degree” is not limited to cases in which one has single degree from a single educational institution. And hence combined studies from several institutions can be equivalent to US degree
OR

File another I-140 petition under EB2 category for the same labor with another credential evaluation

b. AND simultaneously file another PERM application under EB3 Category (6 years expiring in August 07)

II. How much time does AAO generally take to decide on the appeal?
Click to expand...

The best course of action for you would be to file a new PERM LC application which is carefully tailored to your educational background and skills and falls in the EB3 category. For example the PERM can be worded to include "suitable combination of education, training and experience". AAO appeals do take 18 months and in most cases they concur with USCIS decision on the case. However one of the advantages of filing an appeal is enabling you to have an option of H1 extension beyond the 6 years if your new PERM application is delayed because of an audit.

Good luck.
 
EB2 I-140 Denied -TSC. Please Advise.

mano1 said:
1.Which category was it filed on EB3?
2.I saw in that forum that the EB3 AAO appeals are taking approx. 18 months.
3.I also saw in this forum that if you have multiple degrees, then it needs to be properly worded in the Labor and it can be filed for EB2. I believe UN, Anil are expert on this.
Click to expand...


Mano1,
1. Answer to your first Question is EB-2.
2. My attorney said that EB2 AAO appeals takes about 3 months whereas a lot people seem to say that AAO appeals are taking ~18 months, so I am little confused which is true?
3. Can you provide a sample of properly worded advertisement or labor for reference.

Thanks so much for your help!
 
riz_arsh said:
The best course of action for you would be to file a new PERM LC application which is carefully tailored to your educational background and skills and falls in the EB3 category. For example the PERM can be worded to include "suitable combination of education, training and experience". AAO appeals do take 18 months and in most cases they concur with USCIS decision on the case. However one of the advantages of filing an appeal is enabling you to have an option of H1 extension beyond the 6 years if your new PERM application is delayed because of an audit.

Good luck.
Click to expand...

Thanks riz_arsh for your insight. However, My attorney said that EB2 AAO appeals takes about 3 months whereas a lot people seem to say that AAO appeals are taking ~18 months. At this point I would be happy if they take 18 months.

I also came to know that USCIS have recently revised the fees for Appeal from $110 to $385...makes me wonder if this was delibarate move by them...as I am seeing a lot of Rejections by TSC and NSC of I-140 applications :mad:
 
mitware said:
Thanks riz_arsh for your insight. However, My attorney said that EB2 AAO appeals takes about 3 months whereas a lot people seem to say that AAO appeals are taking ~18 months. At this point I would be happy if they take 18 months.

I also came to know that USCIS have recently revised the fees for Appeal from $110 to $385...makes me wonder if this was delibarate move by them...as I am seeing a lot of Rejections by TSC and NSC of I-140 applications :mad:
Click to expand...

Well its not surprising that USCIS recently raised the fees for Appeals. The likely reason maybe the increase in number of appeals being filed and less resources to handle the filed appeals/cases. Even if EB2 AAO appeals take 3 months as suggested by your attorney, you should still plan ahead and file a new PERM preferably in EB3 which should help you successfully get I-140 approved at a later date.
 
mitware said:
Gurus, please help.

I have 3-years degree from India and then Chartered Accountant from India. For my I – 140 petition under EB2 Category, I got an Intent to Deny letter from USCIS. Reason being I do not posses a four-year college level degree and that I the beneficiary must have a single degree that is the “foreign equivalent degree” to a US baccalaureate degree.

I then got an evaluation done by Josef Silny, but USCIS denied my petition. It also denied converting my I-140 petition under EB3 category because of the educational requirements in ETA-9089.

I. What according to you should be the further course of action?

a. File an appeal against the denial before the AAO on the basis of the clarification issued by Efren Hernandez, then INS Director, Business and Trade Services that the term “degree” is not limited to cases in which one has single degree from a single educational institution. And hence combined studies from several institutions can be equivalent to US degree
OR

File another I-140 petition under EB2 category for the same labor with another credential evaluation

b. AND simultaneously file another PERM application under EB3 Category (6 years expiring in August 07)

II. How much time does AAO generally take to decide on the appeal?
Click to expand...


It is quite IRONIC that USCIS or Education Evaluators FAIL to realize how tough it is and what it takes to do "Charted Accountancy" from India. From what I recall, it is one of the toughest things to crack. But again, thats US for all of us :)

In my opinion, you should persue the PERM process, which proved better qualification definitions for many. Also, considering better and more recognized Education Evaluation (Like WES - World Educational Services) would be much better. I heard they are a little more expensive than other places, but thats not a factor here, considering the motions that we go through for GC.

Good Luck.
 
Today my attorney told me that AAO appeals takes about 12-18 months and so they are filing a MTR with USCIS. Also she mentioned that even if I file an appeal, I cannot file for an extension beyond six years based on outstanding appeal. As per her, USCIS will deny the H1b extension for 7th year since original I-140 petition was denied.

I am not sure if she is correct in her assessment. Any ideas ?

I am so freakingly confused.....:confused: :confused: :confused: :confused: :confused: :confused: :confused:
 
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