Originally posted by naanshi
I am sorry to hear about your denial Babu.
1. reapply I 140 using same labor? my attorney says it it goes to different officer this time, it may be approved.
--- I don't think it is a good idea. If you are approaching your Six Years Visa Limit, then go for this. Ask your attorney, what will happen if the refiled case goes to the same officer, who denied your case now. USCIS very clearly stated that if you want them to consider two degrees combined as One degree, then the Labor certificate should clearly mention that "Combination of degrees may be also considered" .
2. appeal against the denial ? - then how long it will take?
---- As far as I know, Appeal is a Money/Time Wasting Process and 99% if cases will be denied in the appeal. It is human nature that Nobody will accept their mistakes easily. In the appeal, even if they find that they made mistake in the decision, they will try to find some other reason to deny and to save their job. It is a Funny Process. For your information, I filed my appeal in Jan 2003 and it was forwarded to Washington after Seven months.
3. start from scratch ie. filing labor
----- I feel this might be the second best option, but time consuming option for you. Try to find a company in the Fastest Labor Processing states and file the labor with ""Combination of degrees may be also considered".
-----The best option, You may try for Substitution Labor Certificate. Find a company who has an approved labor which suits your education and experience and file I-140/I-485 immediately. Try to choose company which comes under Fastest Processing Center like Vermont.
Just my opinion and Please consult with your attorney for proper advise.
All the Best,
Naanshi.
Originally posted by naanshi
Hi Dave,
The Important factor is "There is no standard adjudication process in INS/BCIS/USCIS/ABCDEFGHI....". For example, in my old sponsoring company, almost all the people are still getting approved. But my case was denied due to H1B Violations in the company. If there are H1B Violations in the company then how come other people are getting approved???? When you are dealing with INS/BCIS/USCIS/ABCDEFGHI...., you cannot talk about LOGIC.
Back to your question, I learned from a recent memo that if you want to combine two degrees then the LC should very clearly mention that "Combination of Degrees may be considered for the job". If you are lucky, your case may get approved without any RFE(Chances are around 25%). It is fully depending upon the officer who sees your case and really hard to guess. Hope for the best.
By the way, my case was denied due to some issues with the Sponsor Company and nothing to do with my education or experience. (I have got M.E in Electrical and Electronics Engineering from India and had around 6 years of Experience when I filed my labor three years ago)
Naanshi.