I-140 denied. Please Help!!!!


New Member
My I-140 in EB3 got denied. The reason is that – there was a mistake in my filing. The educational evaluation done in PERM indicates that beneficiary has the equivalent of a bachelor's degree based on beneficiary's education and work exp.
Part H.8 of ETA 9089 does not indicate the employer will accept the equiv of a Bachelor's degree based on work experience.
Part H.14 does not indicate the employer will accept a suitable combination of education and/or experience in lieu of the listed educational requirements.
Since the H8 and H14 are already certified, the attorney’s have filed a motion to re-open based on a new educational evaluation (which includes only the degrees and the diplomas) and states that beneficiary’s degrees and diploma’s are equivalent to a USA bachelor’s degree. My 6th year of H1 expires March,09.
Q. What do you think my chances are of getting an approval of I-140?
Q. If my motion to re-open gets denied, can I file for I-140 again? Please answer?

Thank you


Registered Users (C)
1) If you do not have a single bachelor’s degree, you may still have problem for the "equivalent to a USA bachelor’s degree" this time again.

Please see http://www.greencardapply.com/news/news07/news07_0515.htm

2) Yes, you can file for I-140 again. But it is better to file PERM again to include the "Bachelor's Degree or Equivalent" in the PERM condition at the first place.


Registered Users (C)
wouldnt it be better to have just put "no education" required and avoid this who thing? thats the route i'm going, just 2 years experience is required, no degree's or equivalent