I140 denied - Can I file another I140 on the same LC?

Yes it is new to the vermont centre.
Nebraska is doing this since last 2yrs i guess.
i do not know what to say at this point.
i am stuck here too........... :mad:
No EB3 BS is not equal to 3yrs. BS is always 4yrs. But they used to accept 3yrs + any other education combined to be equal to 4yrs in BS. Now i am afraid this trend will be killing for all of us.....

GC Guy said:
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.
Click to expand...
 
Friends, 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 and 2 year Post-Graduate Diploma in Computer Applications from a Institute In addition to that I have above 10 years of experience.

I-140 denied on 11/28/04. It was not updated on the web and I got the information very late through my company. My question is that can I appeal MTR even after the specified period i.e. 33 days. If not, what are the other options I have? Pls share your comments if any one has any idea about this.

Thanks
ks2005

I -140 & I- 485 RD 9/23/2003:
 
i-140 denial

Hi ,
I also got my I-140 denied even though I am an MSc and have 5 years exp.

I think this is so unfair.We got to do something.My case is being appealed,but I certainly do not think there is any chance.I filed in EB3.

My labor said BS or Equivalent.Field of study:CS/engineering/math or related.They failed to explain equivalent.Filed at vermont. :mad:

I wish u guys luck. ;)
 
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can someone explain this.....


The latest murthy bulletin read as follows.

"Attorney Certified I-140s Possible!

Mr. Chavez also mentioned that the Consulate would be willing to process cases for employment-based immigrant visas using attorney-certified I-140s. This is true particularly where there is a need to process the cases on an expedited basis, due to priority date retrogression and similar urgent matters. This is based on a September 2000 U.S. Department of State cable."
 
laborApprooval said:
can someone explain this.....


The latest murthy bulletin read as follows.

"Attorney Certified I-140s Possible!

Mr. Chavez also mentioned that the Consulate would be willing to process cases for employment-based immigrant visas using attorney-certified I-140s. This is true particularly where there is a need to process the cases on an expedited basis, due to priority date retrogression and similar urgent matters. This is based on a September 2000 U.S. Department of State cable."
Click to expand...


This is for Consular Processing ie., when a I-140 is filed with the intention of adjusting status within the US, you would file a 485. The candidate also has the option to just do a I-140 and do CP (Consular processing is the equivalent of 485...but keep in mind...this is done at your home country consulate and involves certain risks...if visa is denied...there is no appeal unlike 485). Earlier only Mumbai and Delhi consulates allowed AC140 Attorney Certified I-140)...looks like even Chennai consulate is going to allow it now-onwards. Since Chennai consulate is the busiest in India, they had not allowed such AC140 applications in the past.

Hope this answers your question...
 
Don't get dishearten. GC is not the end of the world and don't get panic. If you are not in 6th year of H1, you are safe and file GC again.

Your situation is better than mine as your LC (ETA-750) says "BS or equivalent".

Goto www.trustforte.com for evaluation.

My understanding after talking to lots of people about this issue.

1 Do not get into whose fault it is. Just concentrate only onto your goal to get GC at this time. Start talking to good attornies and unitednations.

2 DOL doesn't modify/update the ETA-750 once approved in NJ/NY for sure

3 Chances of success in MTR is not good at all, even though advt and forwarding letter says "BS or equivalent with 2 years of experience". Some of the attornies said filing MTR is wastage of time and money

4 Filing a new LC under PERM is the best option so far and wait for another 3 years for GC. To get 7th year extension, refile 140 is one of the option or get a substitute LC (I'm really having hard time finding this, if anybody can help. I really will appreciate)
 
My case is the opposite from all of you guys. 4 year BS in India + 2 year MS from US univ. My company filed in EB3, got stuck due to priority date, now filing again in EB2. gonna be a long wait. I'm not sure I'll stick around that long. Don't have the patience, may go back to India for good.
 
Hi gurus

My situation is as follows:

when i file my LC from NJ in 2002, I mentioned only my Bacelsors (3 years from India) and Post graduate diploma (one year from India). I do have 3 years 3 months of experience before joining US employer.

In LC application under 14 column it says:

Required Degree: " Bachelor's * ( *Bachelor's may be substituted with three years of academic studies towards Bachelor's degree plus three additional years of work experience. was typed in 15th column)."

Required experience:3 months.

I am in dilema how is it going to be in I140 stage?

1. Does my Bachelors (3 years)+PGDCA (1 year) + 3 years of work experience is going to be accepted by INS guys?

2.will they reject my case on basis saying that required experience for this job is only three months which is very less?

3.I completed two years (out of three years) of Distance education Masters in IT from indian university now. can this two years help me in any way to my present LC application where my Masters was started after LC filing.


I appreciate if you guys throw some light on my doubts. Thanks in advance.
 
RE-Applied 140 & 485

Hello Guys,

I applied 140 and 485 in august due to some education issues my 140 denied. I have re-applied with different labour on EB3 in December. Labour says 4 yrs Bachelors in CS or Science or Engineering.

I have 3 yrs Bachelors in CS and 1.5 yrs diploma and 7 yrs of experience as of Labour applied date i.e.,Dec'2001.

I have received EAD and AP. What do you think about this case. Should I get 140 approval or not ?
 
If one gets the education evaluation from a company say trustforte (i think someone mentioned this company), is there still a possibility that INS would not accept it & deny it.

Thanks
 
Sh_Ad said:
If one gets the education evaluation from a company say trustforte (i think someone mentioned this company), is there still a possibility that INS would not accept it & deny it.

Thanks
Click to expand...
There is definately a chance to deny 140 if any of the following is true:

a) If education does not match Eta form 750 which is the labor certification

b) If there is equivalent word written In ETA 750 and the equivalency is based on combining degrees and is not based on one degree unless it is clearly mentioned in 750 that the employer would except combination of degrees counted towards the bachlors or masters

d) Note that many of you are mistaken that 3yrs of experience is counted towards one year of education.....Well the answer to that is that it is not. It is counted in some cases like h1b and others but not in green card, see the following link

http://www.murthy.com/news/ukmurtak.html
below i have cut and pasted the paragraph from the above link

Mr. Hernandez also clarified that the five years of experience may be accrued either in the U.S. or abroad. However, for this requirement an actual baccalaureate degree or its foreign equivalent is required. Unlike some other provisions of U.S. immigration law, it is not possible in this case to substitute experience for education in order to meet the baccalaureate degree requirement.

Correct me if i am wrong here....
 
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New labor

Hi Revavp,

I am so surprised ur lawyer did not see that u only have a 3 year degree.The only thing u can do is when ur lawyer gets the 45 day letter.He can change the wordings in the labor.

I think i am right.Guys am i? :confused:
 
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