I-140 GOT DENIED - Help Needed

sridk

New Member
I-140 got denied in TSC in EB2 Category. Based on that I-485 also got denied. The reason is ‘Master degree is based on 3 year bachelor degree instead of 4 years US bachelor degree’ though my educational evaluation says I am MS equivalent in USA. I finished 3 years bachelors of science degree and then 3 years of Master of Computer Applications(MCA) degree from India.

Is 3 Years (B.Sc) plus 3 Years (M.C.A) equivalent to MS in USA or not ?
 

sridk

New Member
ok thanks. Can that be considered as Bachelor degree ? Means, Can I show that as Bachelors ? Because my LC needs BS or equivalent and 5 years experience. (I had 7 years experience prior to joining my present company)
 

Sheila R Danzig

Registered Users (C)
3+3

A 3+3 in the same field is often approved for EB2. Backing this up are AILA liasion meeting notes, an AAO decision and legally binding UNESCO instruments. Email me and I will review your documents at no charge to see if/how your case fits in.

ok thanks. Can that be considered as Bachelor degree ? Means, Can I show that as Bachelors ? Because my LC needs BS or equivalent and 5 years experience. (I had 7 years experience prior to joining my present company)
 

avasireddy

Registered Users (C)
My case is looking very weired.
I need suggestions to resolve the issue.

Summary of Process so far happened…
I applied for I140 and I485 simultaneously with a substitution labor.

I used my AC 21 after 6 months from the date my I140 approval.

From then I am working by using my EAD and got 4 EAD renewals.

In 2006 and 2007 I went to India for a month vacation each time on advance parole.

In the month of January I found from my USCIS portfolio list that a notice sent on I140 was returned to USCIS as it was undeliverable. Later my I485 was also denied but received no communication from USCIS. I approached USCIS through infopass two times but got no further information. I was told that they will send mail again but in vein.

My previous attorney, who applied my I140/I485 also not, received any communication from USCIS.

I understood that my 485 was denied due to 140 issues. But I am not sure what's the problem with my 140 is. I haven't received 485 denial copies. I am contacting USCIS and INFOPASS many times but not at all receiving notices. I am getting all other communucation. My address on the file was same and not changed till now. When I call USCIS they say file is with National Sercice Center and they will se you denial notice again. What should I do?



I tried to get clarifications from infopass but no use.
 
Last edited by a moderator:

green4usa

Registered Users (C)
Hi Sridk,
Could you plz tell me what exact wordings you have into column 14 and 15 in ur LC. I am also in same boat. Got RFE for my education and have to do evaluation now. mine 3yrs bsc + 2 yrs mcm.
 

phxhyd

Registered Users (C)
I am also in the same boat. I have 3 years B.Sc + 2 Years MCM and I-140 got denied (EB2). I am on 6th year of H1. We are preparing to file MTR. Please help
 

Sheila R Danzig

Registered Users (C)
3+3

Each case is different but the 3+3 is generally approved. There is an AAO case supporting this.
Check out www.cciFree.com for a no charge analysis of your situation.

I-140 got denied in TSC in EB2 Category. Based on that I-485 also got denied. The reason is ‘Master degree is based on 3 year bachelor degree instead of 4 years US bachelor degree’ though my educational evaluation says I am MS equivalent in USA. I finished 3 years bachelors of science degree and then 3 years of Master of Computer Applications(MCA) degree from India.

Is 3 Years (B.Sc) plus 3 Years (M.C.A) equivalent to MS in USA or not ?
 

Sheila R Danzig

Registered Users (C)
3+3

I just had this discussion with a very good attorney and he said absolutely yes on the 3+3. I sent you a private message about this.

ok thanks. Can that be considered as Bachelor degree ? Means, Can I show that as Bachelors ? Because my LC needs BS or equivalent and 5 years experience. (I had 7 years experience prior to joining my present company)
 

kamarava

Registered Users (C)
hi, my husband did mbbs from india. his i140 got denied & sent to aao on the basis mbbs is bach's degree not masters. we sent them credential service evaluation. but he still sent denial & sent to aao.
now what should we do. our h1-b ( 6 yrs ) expires on may2010. should we apply L1 newly or send rfe to aao.
as its been sep u posted ur Q, u must have got some info.please let me know if u know any info. thank u.





I-140 got denied in TSC in EB2 Category. Based on that I-485 also got denied. The reason is ‘Master degree is based on 3 year bachelor degree instead of 4 years US bachelor degree’ though my educational evaluation says I am MS equivalent in USA. I finished 3 years bachelors of science degree and then 3 years of Master of Computer Applications(MCA) degree from India.

Is 3 Years (B.Sc) plus 3 Years (M.C.A) equivalent to MS in USA or not ?
 

GpTexas

New Member
I-140 got denied in TSC in EB2 Category

Did you get an RFE with an option to move the case from EB2 to EB3 before denial?

I'm in the similar boat of 3+3 and got an RFE recently where they mentioned that if you cannot justify a 4 years Bachelors then you can change the preference from EB2 to EB3. Seeing so many denials I'm wondering whether should I accept their offer.

Though I don't know what that means to my I485. Will it automatically get transferred or will they cancel it and I need to file new application?

Will they still question my 3 Years Bachelors when processing it for EB3.


Confused!!! :confused:



I-140 got denied in TSC in EB2 Category. Based on that I-485 also got denied. The reason is ‘Master degree is based on 3 year bachelor degree instead of 4 years US bachelor degree’ though my educational evaluation says I am MS equivalent in USA. I finished 3 years bachelors of science degree and then 3 years of Master of Computer Applications(MCA) degree from India.

Is 3 Years (B.Sc) plus 3 Years (M.C.A) equivalent to MS in USA or not ?
 

Sheila R Danzig

Registered Users (C)
3 year bach

Did you get an RFE with an option to move the case from EB2 to EB3 before denial?

I'm in the similar boat of 3+3 and got an RFE recently where they mentioned that if you cannot justify a 4 years Bachelors then you can change the preference from EB2 to EB3. Seeing so many denials I'm wondering whether should I accept their offer.

Though I don't know what that means to my I485. Will it automatically get transferred or will they cancel it and I need to file new application?

Will they still question my 3 Years Bachelors when processing it for EB3.


Confused!!! :confused:

There is a great deal of documentation showing that a 3+3= a masters. Please contact me so we can chat about this. cci at cci123 dot com
- I will review all of your documents at no charge and if I think we can help I will give you a reference of a recent client. There is a good deal of documentation we can give your attorney for filing if we think we can help.
 

mprit1

Registered Users (C)
Hi Sridk,

That is not the issue, you don,t believe. Recently my I-40 got APPROVED.

I have 3 yrs BA Degree from Osmania University, my attorney filed on eb2 category + 5yrs working experience in India. May be check the education evaluation was my main concern as now a days I see so many denials b'coz of 3 yrs degree. However there is no reason to loose hopes since I got it and if you also get right education evaluation done, there are bright chances that it'll be approved.

Goodluck.
 

bachalaramesh

Registered Users (C)
Waiting badly for my I-140 approval.

Hi Sridk
Congrats. Good to hear about your approval. Can you please let me know about your case.

1. Was your i-140 approved at first stage itself ?
2. Where did you do your education evaluation.
3. In case, if you had query/ RFE/ denial , what are the steps you have taken?

My case:
I have 3 yr degree + 12 yrs IT experience. My i-140 was approved on Dec 19th, 2006. Nebraska service center pulled my application in August 2007 and sent a decision letter as "Revoke application". They informed as they have not closely examined as my education is 3 yrs degree and applied in EB2, hence they have revoked my application. I have submitted appeal (I-290B) and it is lying around in AAO for past 15 months.

So, please do let me know if any of you have any updates. I am very badly waiting for my approval .

Thanks
 

mprit1

Registered Users (C)
GoodLuck for your I-140 approval

Hi Ramesh,

Thank you so much.

1. Was your i-140 approved at first stage itself ?YES
2. Where did you do your education evaluation.?

First Tme i came to USA through A Company, that time A company did the Evaluation, Second time I came to USA through B Company they did again the Evaluation.

3. In case, if you had query/ RFE/ denial , what are the steps you have taken?
I never got any Query, That's all depends on your luck and the person who receives your application in USCIS service center.


My I-140 filed and approved in TEXAS Service Center.

Note: One more thing before coming to USA i had work experience in UK & France.When i came first time to USA through A company (American Based Company) again i went back to india, and cancelled my A H1 and applied for new H1 through desi company which is residing in Edison. Its all depends on person to person.

GoodLuck all the folks those who are waiting for the I-140 approvals and Greencard process.

If you need any help Please let me know i can assist you.
 

Sheila R Danzig

Registered Users (C)
3+2 = US Masters

The 3+2 can be shown equivalent to a US Masters using a non-published AAO decision. In the hands of the right attorney we are seeing approvals.
 

Dane

Registered Users (C)
Didn't you have got your education evaluation done while applying for H1B, by a reco0gnized professional?
How come that problem of education equivalence is coming at 140 stage.
plz let me know
 
Top