You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I140 denied - Can I file another I140 on the same LC?
- Thread starter muchadus
- Start date
allaboutgc
Registered Users (C)
can you post some details?
laborApprooval
Registered Users (C)
yes you can but it will be same thing as they will try to match your education wityh the labor certification.. That is form ETA 750.
Was your 140 denied because of combined degree equivalent to 4yrs bachlors...
Was your 140 denied because of combined degree equivalent to 4yrs bachlors...
Bodhal Singh
Registered Users (C)
muchadus said:yes . my labor has "BS" and I have 4 years of combination of degrees. I know they will deny the other one as well. But just wanted to make sure about the options I was thinking.
Guys, can this be an issue at 485 stage ??
muchadus please post your details. EB3 or EB2 ??
it was eb3
column 14 on LC : BS
I do not have US BS degree. I have 3 years of Bachelor of arts (india)+ Post graduate diploma in computers (india) of 1 year. they denied based on that as per column 14, i should have only USA BS degree.
totally screwed up. was new to this country when they filed my LC and I just rely on what attorney said.
column 14 on LC : BS
I do not have US BS degree. I have 3 years of Bachelor of arts (india)+ Post graduate diploma in computers (india) of 1 year. they denied based on that as per column 14, i should have only USA BS degree.
totally screwed up. was new to this country when they filed my LC and I just rely on what attorney said.
muchadus said:it was eb3
column 14 on LC : BS
I do not have US BS degree. I have 3 years of Bachelor of arts (india)+ Post graduate diploma in computers (india) of 1 year. they denied based on that as per column 14, i should have only USA BS degree.
totally screwed up. was new to this country when they filed my LC and I just rely on what attorney said.
IMHO, yes, you can file another I140. You may also appeal the decision, but it all depends on what the purpose of doing it is.
I dont think you have much chance but many people have tried and some have got approved with 3 year degree and something else making equivalency (only for EB3 category). I think the wording in labor is important and how the actual degree is related to the skill requirement in labor is also important.muchadus said:it was eb3
column 14 on LC : BS
I do not have US BS degree. I have 3 years of Bachelor of arts (india)+ Post graduate diploma in computers (india) of 1 year. they denied based on that as per column 14, i should have only USA BS degree.
totally screwed up. was new to this country when they filed my LC and I just rely on what attorney said.
I just found some interesting information
1. the forwarding letter of ETA-750 /LC
2. Job notice published by company for my GC
3. Job advt for my GC
All of the above 3 are having "Bachelors degree with 2 years of experience". Only column 14 in ETA-750 has "BS". I guess I can use that as a ground to argue about "employer's intention was to hire somebody with bachelors degree with 2 years of experience and whatever is in ETA-750 was a clerical mistake"
what do you say about the chances on MTR?
1. the forwarding letter of ETA-750 /LC
2. Job notice published by company for my GC
3. Job advt for my GC
All of the above 3 are having "Bachelors degree with 2 years of experience". Only column 14 in ETA-750 has "BS". I guess I can use that as a ground to argue about "employer's intention was to hire somebody with bachelors degree with 2 years of experience and whatever is in ETA-750 was a clerical mistake"
what do you say about the chances on MTR?
laborApprooval
Registered Users (C)
It says "bachelors degree with 2yrs of experience"
It does not say "bachlors OR 2yrs of experience".
The issue here is how are you going to show them bachelors.
I realy hope it turns out good for you....
Please keep us updated on this case.
thanks
It does not say "bachlors OR 2yrs of experience".
The issue here is how are you going to show them bachelors.
I realy hope it turns out good for you....
Please keep us updated on this case.
thanks
muchadus said:I just found some interesting information
1. the forwarding letter of ETA-750 /LC
2. Job notice published by company for my GC
3. Job advt for my GC
All of the above 3 are having "Bachelors degree with 2 years of experience". Only column 14 in ETA-750 has "BS". I guess I can use that as a ground to argue about "employer's intention was to hire somebody with bachelors degree with 2 years of experience and whatever is in ETA-750 was a clerical mistake"
what do you say about the chances on MTR?
muchadus said:I just found some interesting information
1. the forwarding letter of ETA-750 /LC
2. Job notice published by company for my GC
3. Job advt for my GC
All of the above 3 are having "Bachelors degree with 2 years of experience". Only column 14 in ETA-750 has "BS". I guess I can use that as a ground to argue about "employer's intention was to hire somebody with bachelors degree with 2 years of experience and whatever is in ETA-750 was a clerical mistake"
what do you say about the chances on MTR?
BS is Bachelors in US. As I see it you may not have much luck. Your lawyer should have caught thee things at the early stages and could have amended the LC. Anyway your argument does not hold water wrt BS vs Bachelors.
Unlike in India, the US Bachelors degree can only be education of 4 years. Unless your labor says that the employer will accept Bachelors Degree or its equivalent, you cannot prove equivalency to US Bachelors with a 3 year indian Bachelor and 1 year experience etc. The issue is not the experience over here, but the degree itself.muchadus said:I just found some interesting information
1. the forwarding letter of ETA-750 /LC
2. Job notice published by company for my GC
3. Job advt for my GC
All of the above 3 are having "Bachelors degree with 2 years of experience". Only column 14 in ETA-750 has "BS". I guess I can use that as a ground to argue about "employer's intention was to hire somebody with bachelors degree with 2 years of experience and whatever is in ETA-750 was a clerical mistake"
what do you say about the chances on MTR?
Also claiming that it was a critical mistake in the labor filing stage, will not give you a right to a immigrant visa. The USCIS will ask you to get the mistake corrected from state DOL in the labor and that can take years. Better approach it to file a new labor in PERM (if that is an option).
dazzling said:Unlike in India, the US Bachelors degree can only be education of 4 years. Unless your labor says that the employer will accept Bachelors Degree or its equivalent, you cannot prove equivalency to US Bachelors with a 3 year indian Bachelor and 1 year experience etc. The issue is not the experience over here, but the degree itself.
Also claiming that it was a critical mistake in the labor filing stage, will not give you a right to a immigrant visa. The USCIS will ask you to get the mistake corrected from state DOL in the labor and that can take years. Better approach it to file a new labor in PERM (if that is an option).
Folks,
I am also a victim of the same kind of denial.
My I-140 got denied because of education issues. I have 3 years Bachelors degree from University of Bombay and 1 year Post-Graduate Diploma in Computer Applications from a Institute (which is a private institute not affiliated to university). In addition to that I have above 5 years of experience.
My company is in the process to appeal (MTR), as part of which they wanted a new education evaluation to be done (based on 3 years degree and 1 year Post Graduate Diploma). However, a couple of agencies they had approched are reluctant to consider the Post Graduate Diploma and equate it to a US Bachelors degree (4 years) because this Diploma is not from a accrediated university.
Is anyone of you aware of any educational evaluation agency that can consider the above qualifications and consider it equal to US bachelors degree ?
ALSO, My Labor Certification did say BS or EQUIVALENT. Do you Gurus think by appealing based on Equivalent iword in the Labor it will help? Mine is filed in EB3 Category.
Thanks and Regards,
==============================
EB3 - Vermont Service Center
I-140/485/EAD - Sept 19th 2004
EAD Approved 10/20/2004
I-140 - Denied on Educational Issues
laborApprooval
Registered Users (C)
U can, but the educatuonal evalution should be done prior to that and the evaluation should state that your "DEGREE" is equivalent to bachlors in US. (it should be one degree equivalent to US) If it is combined degree then you should state in the labor certification form ETA 750 column 15 that the employer would accept combined degree which is equivalent to bachlors.
This was not the issue before in the vermont centre but now they are getting strict with this.
My attorney said he recently saw 2 cases being denied on the basis of combined degree.
This was not the issue before in the vermont centre but now they are getting strict with this.
My attorney said he recently saw 2 cases being denied on the basis of combined degree.
GC Guy said:Does this mean BS with 3 years degree from India + 1 year of software course can not apply for GC even in EB3 category? If they can then what is it that needs to be mentioned in LC? in column 14 and other places?
Bodhal Singh
Registered Users (C)
laborApprooval said:This was not the issue before in the vermont centre but now they are getting strict with this.
My attorney said he recently saw 2 cases being denied on the basis of combined degree.
Is this an issue at 140 or 485 stage ??
laborApproval
Thanks for the reply.
I am in California center. My i-140 was rejected cause it was filed in EB2 while i have 3 years degree n 1 year software course. Now its refiled in EB3.
I guess column 15 for my application says BS with 6 years.(matching my experience).
So far the assumption was for EB3 BS can be equal to 3 years. However,based on your feedback and this thread, I am not sure if this is a new trend in USCIS to reject cases on combined education basis.
Thanks for the reply.
I am in California center. My i-140 was rejected cause it was filed in EB2 while i have 3 years degree n 1 year software course. Now its refiled in EB3.
I guess column 15 for my application says BS with 6 years.(matching my experience).
So far the assumption was for EB3 BS can be equal to 3 years. However,based on your feedback and this thread, I am not sure if this is a new trend in USCIS to reject cases on combined education basis.