I-140 denied, what next?

phxhyd

Registered Users (C)
I-140 & I-485 got denied together. The I-140 denial says
“An appeal in your case may be made to the AAO on the enclosed form I-290B”

where as the I-485 denial says
"There is no appeal from this decision. In accordance with 8 C.F.R. 103.5, you may file a motion to reconsider with proper fee within 30 days from the date of this decision."

My Question is:
Do I have an option to file MOTION TO REOPEN for I-140? which is best?

My attorney is asking me this question whether MTR or an Appeal? Please guy’s advice me.

There are two reasons for denial:

1. Education 3 yr bachelor + 2 yr master (LC requires masters)
2. Ability to pay

Ability to pay should be okay, as we did not submit enough evidence to prove that I was paid properly at the time of filing I-140. The education evaluation is little tricky and we are trying to get the evaluation done properly.
 
According to USCIS gudelines you clearly do not qualify for EB2 because you don't have a 4 year BS. Everybody agrees that the rule is stupid, but thats how it is for now. Refile under EB3 or complete a BS here in the US (shouldn't take more than a year).
 
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