I-140 Intent to Deny twice and re-appealed

G

goodluck_140

Registered Users (C)
California processing:

1. I-140 was filed on 04/19/2002.

2. First RFE was received on 06/18/2002 about Company's ability to pay and on 8th Aug'2002, responded to my first RFE.

3. On 1st Sep'2002, my I-140 was denined by CSC due to company's financial position. Appeal was sent on 19th Sep 2002.On 10th Dec 2002, case was transmitted to AAO.

4. In Feb first week, my case was remanded to CSC for reconsideration. My attorney said that this was usually a good sign.

5. On April 1st 2004, We received an intent to deny from the service center. They are now picking on the degree equivalency. Responded to the Intent to Deny on 7th April,


I have 3 year bachelor degree and a 2 year diploma. I had 4 years of experience from my previous employers when labor was applied and total experience as of today is almost 10 years.


Can someone please help me? Do I have chance to get my I-140 approved?
Has anyone faced similar probelm in California Service Center?

Please give me your advise/suggestions as how to proceed further.

Thanks,
 
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Hello,

Could you please specify what they are questioning about your degree equivalency? What was stated on your ETA 750 Column 14 & 15? More details are needed for a good suggestion.
 
Hi Allaboutgc,

I have a 3 years degree and a 2 years diploma course. CSC says that this qualification is not equivalent to a US bachelors degree.

Let me get back to you regarding ETA 750 Column 14 & 15.
 
UnitedNation, unable to find posts

UnitedNations,

I couldn't find these posts.

Do they come under the following? I searched the entire threads under the following link:

ImmigrationPortal Forums > ImmigrationPortal.com > US Immigration > Immigrant Visas (Green Cards) > I-140 Issues > California Service Center I-140

Please give me the URLs.
 
Hi email2sai2003/UnitedNation,

Thanks for your replies.

First Intent to deny was based on the Company's financial position and its ability to pay salary. Then after an appeal with proper evidence, CSC said ok to company's financial position BUT unhappy with my qualification(This is Second Intent to Deny).
 
Hi UnitedNations

Hi UnitedNations,

How do I know whether column 15 allows combination of degrees/certificates/work experience or not?

Is it not allowed for all applicants or specific to the company I work for?
 
Hi UnitedNations,

Thanks for all your quick responses. Sorry for my late response as I had to wait to get some information from my attorney.

Here is the ETA information:

Column# 14:

Education:
College : 4 years
College Degree Required : Bachelor's or equiv.
Major field of study: CS, Comp. App., Comp. Eng. MIS, Business or Commerce

Type of Training: n/a

Experience: 3 years
Related Occupation: Software development, programming or systems analysis

Column# 15: Other Special Requirements
Oracle and SQL.
Employer paid travel required.

My attorney had responded to the Indent to Deny with a clear explanation and also an ammendment to ETA-750A to clarify the meaning of "Bachelor's or equivalent" to conisder both a single equivalent foreign degree and an equivalent academic record based on a combination of U.S or foreign degrees.
 
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Hi UnitedNations,

I meant attorney has mentioned in the response to 'Indent to Deny' about the amendment and requesting USCIS to ammend the ETA-750 with a supporting document from Employer.

Have you not come across any such case leading to an approval after such a response to 'Indent to Deny'?
 
Hi UnitedNations,

My attorney said that we could not correct ETA-750A after it is approved.

But you had mentioned in your earlier post that www.murthy.com has a thread. I couldn't find it. If I can find it, I will ask my attorney to follow the same procedure to change my ETA-750A before USCIS work on my response to RFE (if I am lucky).

Can you give me an idea as to where to look for that thread in www.murthy.com?

Thanks,
 
Hi UnitedNations

Hi UN,

Thanks for your support/suggestions. In the recent time, I have seen several of your threads/participation both in this forum and Murthy's forum. You have been so helpful to so many folks. I really appreciate your help.

I forwarded your suggestion to my attorney and waiting for a positive response.

I feel, after reading the other thread where you have Ms.Murthy's comments, that I might have a better chance. Mine was applied in EB3 category. My ETA-750, column 14 had 'Bachelors or equivalent'. And when we applied I-140, we provided proof for education evaluation. In Ms.Murthy's comments, she mentioned that "or equivalent" is not defined in the LC application. In my case it was mentioned.

What do you feel? After reading so many threads, I feel that I have only 2 options:

1. Wait for USCIS to come to a conclusion based on our response to "Intent to Deny".

2. Correct the ETA-750 as you/Ms.Murthy suggested.

Is there any other option that I can work on parallel?
 
Hi UN,

My six year period will be over by end of this year. If my I-140 appeal takes more than that, Will I be able to apply for a seventh year extension? If so, when can I start the process? Can I start my 7th year extension now?

Do you think I can still apply for another labor in CA?
 
Hi Goodluck,
Here is some hope for you. When I filed my labor, I had 3 year Electrical Diploma + 1.5 year NIIT Adv Diploma and nearly 5 years of experience. My 750A states that the job requires Bachelrors Degree + 3 years of experience. (It was a mistake from attorney). During I-140, they raised this issue and issued RFE. I was so panic and mu ^&^%& attorney asked me to "cross my fingures"!!. We sent a educational evaluation, stating my education + work experience are equivalent to U.S Bachelors degree. Guess what, I received my I140 approval notice after 15 days. The online status still says, "they have received my RFE blah blah..., but I have that green approval paper with me.
Hope this will give you some peace of mind. I know how hard it is while going through such situation.

Well, I am not yet done. Now I am afraid that someone may pickup this issue during my I-485 review time. I hope not.

-Neel
 
Hi Neel,

Congrats...

And thanks for sharing with us.

Yes, it gives me little hope. We did submit my education evaluation certificate when we applied I-140. But in spite of this, CSC issued an Intent to Denial notice. Its been 2 months since we submitted our response. No words yet.

I don't think you will have to worry about same issue being raised in I-485 stage.

Good luck.
 
Today, USCIS web site shows the following status now for my case:

On April 9, 2004, we received your response to our request for evidence or information. It is taking between 270 and 300 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.


Earlier, it used to say 360 - 450 days. Now it has reduced.

Is it a good sign? Does it really take that much time?
 
Hi UN,

My attorney sent an inquiry on 6/21/04. We haven't heard back from USCIS.

Again, my attorney is going to send another inquiry today.

Normally, how long would they take to respond to our inquiry?

Can I call USCIS directly with my case# to find out the status? Can you please tell me the procedure?

Thanks.
 
Thanks UN.

My attorney have sent another inquiry yesterday to check my I-140 RFE status.

Rest is in God's hands.. Hopefully i will get a positive response from USCIS.
 
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unitednations said:
USCIS will only allow inquiries once every 30 days.

They say they will respond to inquiry within 30 days (I received my answers within a couple of weeks)

USCIS generally will not allow inquiries on 140 unless it comes from lawyer or employer (since 140 is their petition).
Click to expand...


Hi UnitedNations,

I have a very good news to share with you.

I just got an email from my attorney saying that they received a response to our inquiry regarding I-140 RFE from USCIS.

My I-140 was approved on 07/07/2004. And attorney is yet to receive the approval notice.

Immediately I checked the online status(USCIS), still it shows ....270-300 days...

How long would it take to get approval notice from USCIS?

UN, Thanks for all your support/suggestions/answers...
 
unitednations said:
A hearty congratulations. Is your fingerprints still valid (ie., less than 15 months old, I'm assuming you have also filed 485). Since you have been at this for a while then 485 approval may be around the corner.

The approval should come to your lawyer/employer within 1 to 2 weeks.
Click to expand...

Hi UN,

Thanks.

No, I didn't file concurrent processing. Actually, when I asked my Attorney to file my 485 concurrently in Aug'2002, I came to know about first 'Intent to Deny'. Then Attorney said that I was not eligible to file I-485 concurrently.

Now, I will file my I-485 in a couple of weeks.
 
unitednations said:
I would seriously consider switching to consular processing using attorney certified 140. You could have your greencard in hand within 6 months whereas 485 could take 1.5 to 2 years to complete. If you need more information then go to the consular forum and decide.
Click to expand...


Sure, I will check with our attorney. I heard that its too risky to go for consular processing.

As you said, I will go through the consular forum and take a decision soon.
 
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