I-140 Query Help Needed

R

rfk85

New Member
Hi,

I am here in USA on H1-B visa for more than 2.5 years and I got my labor certification approved in EB-2 catagory without any question. During I-140 stage, INS-Nebraska has raised a question that I am not eligible for EB-2. I didn't have total of 5 years of Post Bachelor's Degree experiance before joining the current company. Actually I have 3.5 years of post Bachelor's degree experiance and 1.5 years of experiance. So INS is not accepting 1.5 years experiance eventhough it is genuine.

The way INS issued a RFE looks that they have almost denied my I-140. Now I need your suggestions in this matter. How can I respond to my case so that I dont have to do the entire green card process from scratch? Any suggestion in this matter will be highly appreciated.

Thanks
 
Hi RFK85,

My LC required 4 yrs degree AND 5 yrs experience.
INS issued RFE saying do we want to continue in EB2 category.
My attorney changed it to EB3.
My I-140 was denied because I have 3 yrs degree.

I am filing my I-140 again.

I guess in your case if you change it to EB3, it should be fine.
But you never know of INS............

Thanks
Rakesh
 
Thanks Rakesh. Appreciated your quick response.

Based on your reply how can we file the I-140 again with change in catagory? Can you please elaborate on this?

If you dont mind I would like to talk to you at your time on this matter.

Thanks
 
Hi RFK85,

There are two options..

1. You can change to EB3 and continue the process. It all depends on INS if they will approve or deny it.
So you have to take chances.

2. Withdraw I-140 and refile in EB3 category if required with new education evaluation.

You can write to me at rakeshrao@hotmail.com

Thanks
Rakesh
 
I 140 RFE (Rakesh , rfk85 ..)

I received RFE. for I 140. EB2/RIR 3 years B.sc. + 1 year computer diploma + 1 year management diploma. with 11 years experience.

RFE : not 4 years degree ? What to do ? Can I apply again I-140 under EB3 with the same LC of EB2 ? What will happen to my 485 which is already filed. Please respond.

Thanks.

Knet
 
re:

see what it says on the labor cert. if it says 4 yr degree, get an edu eval to show ur 3 yr degree+1+1=4 yr. if that doesnt work, see if edu +exp would match 4 yr. If not, file under eb3

consult ur attorney to see what ur best approach should be...

do u have the right major though? What was ur BSC major and what was specified on the LC?

vik
 
just a thought

Guys,

I know this is not the time to raise this question, but I am just curious who advised you guys to apply in EB-2 RIR category. Plus it sounds like there is some discrepancy in LC minimum qualification/education statement and your educational level. Do you guys have decent legal counsel, and if yes then he must be sleeping (For god sake priority dates are current for all categories for a year now).

I work for a large telecommunication company. We apply hundreds of GC applications all over the country, and if I am correct most of the H-1B’s in my company have graduate or undergraduate degree from U.S. universities. Despite all this our company only applies GC under EB-3 RIR, and so far they have 100% success rate (despite of lay-offs). I hope you guys will got out of this mess and reapply with a well defined strategy from the get go. Don’t waste time thinking about it go ahead and start paper work for a new LC application.

This note is not to rub things in your face, but just to let you know....how hard it is to get LC approval, if not applied with extreme caution.

Good Luck,

RamFan
 
Last edited by a moderator:
Hi Knet,

I have also the same problem. My LC required 4 yrs degree and 5 yrs experience. I have 3 yrs degree and my I-140 was denied.

I am getting education evaluation done saying my 3 yrs degree + 2 yrs NIIT diploma is equal to US bachelors degree and planning to file my I-140 again in EB3 category.

It all depends how your labour was filed.They should mention that eqvilance will also do and lazy attorneys dont care to study the case properly before they file and we have to suffer.

I think you should get new education evaluation done and file I-140 again in EB3 category.

Good Luck
Rakesh
 
The problem

If you do not have the equivalent of a 4 year US degree using education alone, there is no amount of experience that would raise you to the EB-2 category. For instance, if you have a 3 year B.Sc. degree from India and 30 years of IT experience, you still do not qualify for an EB-2. You may not even be able to qualify for an EB-3 if the LC requires a bachelors and does not specifically mention that the employer will accept experience in lieu of the required education.

The problem comes in if an attorney is not paying close attention to the educational evaluation that is being used for the filing. Using experience in lieu of education presents no issue at all for an H-1 filing but if you are using the same evaluation for the GC you need to look very carefully to ensure that the evaluation is based only on education, not experience.

The other problem is that INS has recently (in the last year or so) begun challenging evaluations that used NIIT education to get to a bachelors. INS feels that NIIT education is vocational in nature, not academic, and is therefore applicable to college level credit, regardless of what the evaluator says. Academic evaluations are advisory in nature and INS is not required to accept them.
 
I-140 RFE ,

Hello all and thanks to Vik3000, RanFan, Rakeshr & Jim for posting your views.

Actually my labor was filed 20 months back at that time EB3 category was not current and my lawyer told me that because of good experience + good salary you are ok for EB2 and see the result. RFE !

:confused:

Anyway, My LC was approved for 4 years degree program. Lawer is going for educational evaluation. I don't know whether it will workm or not. Referring your views, it seems to me that the chances are not so good.

What I wanted to know, is can I file I-140 again under EB3 using the same LC (4 years degree requirement) ? Please write to me.

Hope days turned from

:confused:

to

:)


Thanks,

Knet
 
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