I-140 Re Apply for denied case

Info for people who are appealing.

http://www.immigration.com/newsletter1/ne100103.html


Minimum requirement for ETA 750s

The centers present rule for EB-2 and EB-3 cases is where the labor certification needs a U.S bachelor's degree, a U.S. bachelors' degree is taken or a single foreign degree is same of a U. S. bachelor's degree. The favored seeks to qualify on the number of education or experiences he has. The labor certification should exactly explain the combination of education and experience that the employer will take as the equivalent of the bachelor's degree.

Thanks,
DA

Originally posted by tsnaresh
My attorney is also planning to appeal my I140 and re-filing the I140 under EB3 catagory. The issue with I140 denial is due to 3 year degree.

I am curious, what additional evidence are you filing with the appeal. I am planning to file the appeal early next week. Your input is appreciated.
Thanks.
Click to expand...
 
details

A0001,

Thanks for your interest.
In nut shell, BCIS is interpreting the degree as a single degree and from single institute. In the law it is NOT defined or mentioned if degree needs to be from single institute or whether the combination of degrees are allowed or not for bachelor's degree equivalency. But BCIS is making its own interpretation. Definitely (I am sure lot of you agree on this) the intension of law
is to verify the bachelor's degree equivalency but doesn't matter if it is a combination of degrees. Even in US, it is common that people transfer courses from one institute to other to get the bachelor's degree. US universities don't mind if we have combination of degrees to meet the bachelor's degree equivalency, myself got admission into MBA with my 3 year degree+2 year computer course. So in my openion BCIS interpretation is not correct and they should accept combination of degrees.

Also, this interpretation is a recent change in their policy. INS used to approve the cases with combination of degrees.
(otherwise our lawyers would not have set this minimum requirement in the labor cert, which we don't even meet the requirement, when we are actually working in that position)

If we file the lawsiut contesting the BCIS interpretation there is high chance that the decision would come in our favor.

In past, bachelor's + 5 years of experience was not considered equal to Master's but the decision was reversed after lawsuit (deciion was in favor of degree + 5 years).
So I think, we have strong reason to contest this interpretation of the degree and if we file the lawsuit, we could get a favourable decision.

Lawsuit would take money and time so for an individual it is difficult to file but if we combine our energies, we can look into feasibility of this approach.

Thanks.
 
I think you all are moving in the right direction towards. Class action lawsuit is the way to go, it not only helps you but also all future GC applicants like prior (E2 + 5 Yrs exp = EB3) class action law suit.

Good Luck.
 
If I-140 denied, how can one continue to work in United States? Even if one files for I-140 again thru another company, I don't think he is eligible to work.

One can only work if he also has H-1 Visa. As far as I know one cannot work with any employer based on I-140 pending. And also if one has a Work Authorization (even though I-140 is denied), the Work Authorization becomes invalid as soon as your I-140 is denied.

Correct me if I am wrong.
 
continue with existing denied 485

My corporate proposed to substitue a labor to file my 140 to link with denied 140.Attorney's represanntative(not attorney) told me that there may not be a need to file 1485 again.

Could i continue with existing 1485? Any ideas.... please let me know.
 
Last edited by a moderator:
Question to tsnaresh

What acategory did you file in ? EB2 or EB3 ?

Originally posted by tsnaresh
A0001,

Thanks for your interest.
In nut shell, BCIS is interpreting the degree as a single degree and from single institute. In the law it is NOT defined or mentioned if degree needs to be from single institute or whether the combination of degrees are allowed or not for bachelor's degree equivalency. But BCIS is making its own interpretation. Definitely (I am sure lot of you agree on this) the intension of law
is to verify the bachelor's degree equivalency but doesn't matter if it is a combination of degrees. Even in US, it is common that people transfer courses from one institute to other to get the bachelor's degree. US universities don't mind if we have combination of degrees to meet the bachelor's degree equivalency, myself got admission into MBA with my 3 year degree+2 year computer course. So in my openion BCIS interpretation is not correct and they should accept combination of degrees.

Also, this interpretation is a recent change in their policy. INS used to approve the cases with combination of degrees.
(otherwise our lawyers would not have set this minimum requirement in the labor cert, which we don't even meet the requirement, when we are actually working in that position)

If we file the lawsiut contesting the BCIS interpretation there is high chance that the decision would come in our favor.

In past, bachelor's + 5 years of experience was not considered equal to Master's but the decision was reversed after lawsuit (deciion was in favor of degree + 5 years).
So I think, we have strong reason to contest this interpretation of the degree and if we file the lawsuit, we could get a favourable decision.

Lawsuit would take money and time so for an individual it is difficult to file but if we combine our energies, we can look into feasibility of this approach.

Thanks.
Click to expand...
 
Babu, Dhamaka and A00001

Babu, Dhamaka and A00001

Could you guys let me know under what category(EB2 or EB3) your denied I-140 was filed.

Thanks

Originally posted by tsnaresh
I have filed in EB2 and I am appealing now.

I am also planning to file under EB3.
Click to expand...
 
Also read below from Murthy:


http://www.murthy.com/ukmurtak.html



-----------------------------

Originally posted by naanshi
Hi Sivaa,
Looks like I did not read it properly. It is "Combination of Education and Experience" . Not combination of Degrees.


Here you go.

Source: www.immigration.com

******************************************
Minimum requirement for ETA 750s

The centers present rule for EB-2 and EB-3 cases is where the labor certification needs a U.S bachelor's degree, a U.S. bachelors' degree is taken or a single foreign degree is same of a U. S. bachelor's degree. The favored seeks to qualify on the number of education or experiences he has. The labor certification should exactly explain the combination of education and experience that the employer will take as the equivalent of the bachelor's degree.

*******************************************
The link:
http://www.immigration.com/newsletter1/ne100103.html


naanshi.
Click to expand...
 
Source: Posting by Unitednations in this discussion board.
Thank you Unitednations for this information.

*************************************************

I also received an RFE for educational equivalency, here is an excerpt from the RFE:

"please submit evidence that the beneficiary holds a bachelor's degree in accounting or finance as is specified by the individual labor certification. While your evidence establishes that the combination of his bachelor's degree and his associate membership on the State Board of Accountancy is equivalent to such a degree (AND THIS IS SUFFICIENT FOR H-1B PURPOSES), your labor certification makes no provision for the acceptance of such a combination in lieu of a bachelor's degree in one of the fields specified. In addition, the Service holds that the evidence must establish that a foregin bachelor's degree be found equivalent to a bachelor's degree from an accredited institution in the United States".
*************************************************
 
wht happens if the guy has masters degree in accounting or finance and say a bachelors degree in computer science. is bcis happy with it.


Originally posted by naanshi
Source: Posting by Unitednations in this discussion board.
Thank you Unitednations for this information.

*************************************************

I also received an RFE for educational equivalency, here is an excerpt from the RFE:

"please submit evidence that the beneficiary holds a bachelor's degree in accounting or finance as is specified by the individual labor certification. While your evidence establishes that the combination of his bachelor's degree and his associate membership on the State Board of Accountancy is equivalent to such a degree (AND THIS IS SUFFICIENT FOR H-1B PURPOSES), your labor certification makes no provision for the acceptance of such a combination in lieu of a bachelor's degree in one of the fields specified. In addition, the Service holds that the evidence must establish that a foregin bachelor's degree be found equivalent to a bachelor's degree from an accredited institution in the United States".
*************************************************
Click to expand...
 
I-140 Denied can 2nd I-140 be applied within 30 days?

I-140 Denied

I got 7th year of extension based on pending labor EB3 with my current company and my H1 expiring in June 2014, Labor was denied. there is no scope of extension beyond June 2014.
PERM filing : June 2012
Audit : October 2012
Denial : April 2013

I also have approached another company last year and they have filed my Labor in EB2 as future employment and it was approved. Then they have filed I-140 but unfortunately it was denied last week.
PERM filing : March 2012
PERM Approval : May 2012
I-140 filing : Oct 2012
I-140 Denial : June 2012
Reason: Ability to pay, Future employer said as you are not under the pay roll. suggested for an H1 transfer and once I go under their pay roll they will be apply for an Motion to reopen of I-140.
I am planning for H1 transfer to the future company and then within the 30 days of denial of I-140 I heard an Motion to reopen can be filed.
Now my questions are once i get my h1 transfer and be on the pay roll of the future company

Is MTR only the option?
or can new or 2nd I-140 can be applied?
Does both of them MTR or New I-140 need to happen with 30 days of denial of 1st I-140?

My PERM approval is May 2012 and its valid for 180 days. I-140 was filed within that period and it was denied in June 2013.

what other options do i have ?
please suggest
thanks in advance
 
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