I140 Denial - Please Help

[nvsravank]

I submitted the I140 and I485 (not concurrent). I and my wife got our EAD also. I am still having a valid H1B and my wife has a valid H4.

My I140 was denied for education even after the submission of credentials for education.

In the mean time my wife has started working on the EAD which has a validity date of December 2008.
Does she have to stop working because the I140 has been denied? What is the process for getting her a work permit now? What choices do we have?
She desperately wants to work.

Please help.

 

[InMess]

i am in similar kind of situation

Hi Guys i need some advice/help on my I-140 denial. I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

 

[manwithnoname]

I submitted the I140 and I485 (not concurrent). I and my wife got our EAD also. I am still having a valid H1B and my wife has a valid H4.

My I140 was denied for education even after the submission of credentials for education.

In the mean time my wife has started working on the EAD which has a validity date of December 2008.
Does she have to stop working because the I140 has been denied? What is the process for getting her a work permit now? What choices do we have?
She desperately wants to work.

Please help.

Are you planning to apply for Motion to Reconsider (MTR) or Appeal? Otherwise the I-140 denial will impact (negatively) on I-485 and it's ancillaries.

 

[A0001]

This one can be resolved. you need proper argument.

Hi Guys i need some advice/help on my I-140 denial. I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.