I-140 EB3 denial

L

lcauser

Registered Users (C)
I received my I-140 denial notice from INS by mail today. They have not specified the reason for it.

My RFE was about Ed. Evaluation and I replied to the RFE on Oct 8 2003 and received the notice today.
 
Hey Lcuser,

Please can u elaborate on your case... It will be help. Many of us are in the same boat as you are...

thanx
hello_am
 
The RFE was about the education evaluation. Since I don't know the exact reason for the denial, I am speculating at this point.

I have a 3 years degree and 1yr Diploma and 2 years of professional training. We got an evaluation done by a University professor.

The other thing was ability to pay, My company is stable and it has 1 Billion turn over.
 
Originally posted by lcauser
The RFE was about the education evaluation. Since I don't know the exact reason for the denial, I am speculating at this point.

I have a 3 years degree and 1yr Diploma and 2 years of professional training. We got an evaluation done by a University professor.

The other thing was ability to pay, My company is stable and it has 1 Billion turn over.
Click to expand...

What was the minimum educational requirement specified in your LC? Please post the EXACT wordings.
 
lcauser,
sorry to hear this news. When did USCIS started taking interest in education evaluation? I had the idea that education evaluation is taken care at LC stage. Also the notice is sent to attorney not to you? Is it a denial notice or intent to deny notice. please check.

I140 takes care of company's ability to pay. What was the financial state of your employer? Are you going to appeal?
 
My LC (regular) RIR minimum requirements are BS or Equivalent and also we accept professional training, commerce, arts equivalent.

I am just speculating at this point that the denial is due to Ed. Eval. because the company financials is very strong and till date they have posted profits in all the past quarters even during the economy downturn.

Its a denial notice and not an Intent to deny notice. It surprised me this morning when I saw the INS mail in my mailbox and it stated that my I-485/131/765 petitions are denied because the service center issued a denial of the underlying petition I-140.

I have to wait till my attorney receives the letter from INS and they have to decide if they want to appeal.

Any ideas?
 
lcauser,
wait for your attorney to get the details. did you see any change in online status of ur I140/I485. I am sure there will be grounds of appeal. I read somewhere that appeal should be done in 30 days.

Now I am beginning to feel that USCIS wants to reduce backlogs by denying I140 for concurrent filings. Please post details when u hear from ur attorney.
 
needluck4GC,

I-140 EB3 (Original LC).
RD: 04/21/03
RFE: 06/17/03
RFE Replied: 10.08.03
Denied: 10.15.03
 
needluck4GC,

I-140 EB3 (Original LC).
RD: 04/21/03
RFE: 06/17/03
RFE Replied: 10.08.03
Denied: 10.15.03

novis, no change in the online status for I-140/485
 
Hi folks,

Can anyone tell me what happens if one is in a startup without revenues. Please help I am in this situation. MY company hasnt been able to get revenues and right now very little funding is available. I have already completed my 6 yrs on H1...

Please ne 1 , please donot hesitate to contribute your 2 cents..


hello_am :- (
 
lcauser,
If you believe that ur denial was based on education evaluation, you can get another evaluation done by different credential evaluator and appeal.


Originally posted by american_desi
on the education grounds citing that I only have 3 year diploma and work experience can not be counted against Green Card. I did had a 2 year Certficate course. Later I got another evaluation done by different credential evaluator and CSC approved my case. My was back in Year 2001 when concurrent filing is not possible.


Thanks
Click to expand...

Check this thread
http://www.immigrationportal.com/showthread.php?s=&postid=606865
 
Last edited by a moderator:
novis, Thanks for the info. I just heard from my company that my I-140 denial is based on the education evaluation.
 
CSC intended to deny my 140 too

Folks:

I have a 3 year diploma (after 10 years in School) and I did 2 two year certificate course (from instituations like NIIT).

Initially in 1997 my company got an evaluation from a firm in Washington, who said I am equilvalent to B.S based on education + 3:1 Experience. I got my H1 then.

Later in 1999/2000 My company got another evaluation done by a firm in CA (will never recommend this one) who said I am equivlent to M.S (no detailtaild explanation). My company did apply LC (EB2) and subsequently applied My 140 on EB2 with the new evaluation. INS (CSC) promptly denied it. No Intent to deny was sent.

In the mean time I requested my company to file a Labor on EB3 (from my expenses) ,They did and I had them file I-140 for me in EB3. This time in Labor it was stated as "BS or equivlent"

My attorney filed I140 under EB3 with my original evaluation (done in 1997 ) and INS sent a Notice to Intent to deny stating that I cannot use my Educational Equivlence towards my I-140. It also mentioned that I could use Educational equvlence to my H1-B.

I went through the trauma, and fortunately in MArch 2000 I had done another Educational Evaluation through a firm in NY which said I am equivalent to B.S based on 3 Year Diploma and the Certificate Courses I have done. It gave 3 Years Universtity credit to my Diploma and 1 year credit to my certificate.

My attorney filed with this evaluation and thank god my 140 was approved later (in Jan 2001)

Now I am at my 485 stage.. I am writing this to help you folks who might this I-140 Deniel/Intent to Deny may be the end of world.

Never say die.. Good luck..

A D
 
american_desi, I am in a similar position as you were in the past. I have a 3 years BS (Comp. Science) and 1 year Post Graduate Diploma in Computer Applications for an private institute.

I would appreciate if you could provide me with the NY education evaluator's contacts.
 
several people

american_desi,

There are several people affected with this problem (including myself). But the decision on your case is very encouraging.

When did, your I140 got approved (is it 2001 or 2002)?
Also, what is the exact wording in the labor cert.

I have got my education evaluation done from few institutions and they have certified as equivalent to bachelor's degree (also did course by course evaluation and got degree equivalency).

Inspite of that the service centers are saying, they won't accept combination of degrees to meet the bachelor's degree equivalency. They need single degree (4 year).

Any information you can provide is greatly appreciated.
Thanks.
 
aware of that memo

lcauser,

I am aware of that memo but service centers are not following that memo. They say it is not binding on them (that is just a letter).
They follow the policy set by another office.
Thanks.
 
tsnaresh, Do you mind sharing the information of the Education evaluators details in your case, who were able to determine your NIIT certificate to a US BS equivalent.

My company wants to file an appeal and motion to reconsider but they are not ready for a new opinion on my education evaluation.
 
Sorry for the delay

tsnaresh and other folks:

Sorry for the delay. I used to be called as american_desi in this board before some reason, it does n't let me to post anything now.

Anyway, the exact wording in Labor is as follows:

Table # 14:

Grade School : ALL
High School : ALL
College : ALL

College Degree Reqd: Bachelor's or Equiv.

Major Field of Study : Computer Sc/Engineering/Math

Experience : 1 Yr.

hope this helps. But I when I was doing the research it is better if have had SOME in College instead of ALL..

Thanks
American Desi
now wasamericandesi.
 
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