I-140 Rejected my options???

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Chinni11

Registered Users (C)
Hi,

Could someone help me with my situation?

Here is my info.
I am on 8th year of H1-B
I work for a relatively big company.
My I-140 had a RFE in Aug and yesterday it got rejected (unknown reason)
I got married in Nov 2000 in USA and my wife was on visitors visa. she traveled 4 or 5 times on visitors visa from Europe and this year she came on a H4 and we filed I-485 on attorneys advice.

My question.
1) Can I file my I-140 again using the same labor?
2) Can I file for H1 thru a different company?


The reason behind my I-140 rejection - Can anyone advise how to appeal?

My job description is "computer Science BS or Electrical Engineering BS or 4 years of equal experience in "web development and Database Administration".

My background is Civil Engineering BS" and 4 yrs of experience in computer programming and I had 3 computer training certification.

USCIS, said I don't have any qualification for this job, since the job requirement and candidate education doesn't match. And so we are rejecting the case.

And also I had RFE on Aug 20 , 2004 about additional information about my education.
My Attorney says we submitted it and INS did not go thru entire pile of papers.

My Attorney said he is going to appeal for the case.

Any more action is needed? Please help

Does anyone won the appeal with a case like this??

Thank you
Raju
 
Last edited by a moderator:
As per my knowledge, yes you can file anoher I-140 on same labor. If you want to do so to get 9th year extension, then it is fine. Otherwise your new 140 may once again get rejected on the same grounds.

You can file H1 from a different company also.

I do not know what your RFE or denial is about, but just in case you need some information on 'ability to pay' issue, you may visit this thread by user UnitedNations.

http://www.immigrationportal.com/showthread.php?t=137088
 
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