i140 denied in EB2.

M

manusrivastav

Registered Users (C)
Guys,
I am a btech in Metallurgy from IT BHU 1994. Have been working in the field of Computers since then. I Have been working with Company X in US since April 2001. I have a pending RIR labour filed in EB3 in April 2004.
My Company started a fresh PERM labor in EB2 category in Jan 2006 for a significantly new position with greater responsibility that I got in Jan 2005. The Qualification for this position was "Bachelors in Computers or related field with 5 yrs experience". My labor got approved in March 2006. My I 140 was filed in april 2006. An RFE came to prove my education evaluation to be equivalent to "Bachelors in Computers or related field with 5 yrs experience" as of jan 2006. A reply was sent by the Attorney justifying that after getting my education evaluation done. The evaluators took 3 yrs out of my 11 yrs experience and equated me to ""Bachelors in Computers or related field" and then i was left with 8 yrs experience till Jan 2005, when i resumed my new position in Jan 2005.
The denial came this month from NSC, Saying "The basis for the denial is that those who must depend on a combination of education and experience to be found to have the equivalent of a Bachelor's degree plus 5 years of experience cannot qualify for EB-2 classification."
Can someone please help me on what can be done for this?

Thanks

Manu
 
You have to file for Motion to Reconsider on the 140. This will go to then administrative appeals office and they will take a look at your case again.

There is whole lot of information available on these topics in these forums.

Just search around these forums on how do deal with it.
 
GreenCardVirus said:
You have to file for Motion to Reconsider on the 140. This will go to then administrative appeals office and they will take a look at your case again. There is whole lot of information available on these topics in these forums.
Click to expand...

Correct me if I'm wrong, but my understanding is one cannot substitute experience for the degree. Our original poster is attempting to claim BS+5 years for EB2, based on no degree and 11 years.
 
Hi,
I do have a BS( 4years Engineering degree in Metallurgical Engineering. I have 11 yrs Experince after that.

Thanks

Manu
 
manusrivastav
Substitution of work experience to get equivalency of degree is not acceptable at I140 stage. I would suggest start new perm process for different job position. May be it might work out at H1b stage. since now all I140's are filed with NSC, they are very strict. If you research the forum, you will come across lot of stuff on this matter
Note i am not an attorney, do your own research, it is just an opinion
 
I think the RFE was to proove how the mettalurgy education is related education computers. The evaluator should not have taken 3 years to make it up as you already have related 4 year degree.


manusrivastav said:
Guys,
I am a btech in Metallurgy from IT BHU 1994. Have been working in the field of Computers since then. I Have been working with Company X in US since April 2001. I have a pending RIR labour filed in EB3 in April 2004.
My Company started a fresh PERM labor in EB2 category in Jan 2006 for a significantly new position with greater responsibility that I got in Jan 2005. The Qualification for this position was "Bachelors in Computers or related field with 5 yrs experience". My labor got approved in March 2006. My I 140 was filed in april 2006. An RFE came to prove my education evaluation to be equivalent to "Bachelors in Computers or related field with 5 yrs experience" as of jan 2006. A reply was sent by the Attorney justifying that after getting my education evaluation done. The evaluators took 3 yrs out of my 11 yrs experience and equated me to ""Bachelors in Computers or related field" and then i was left with 8 yrs experience till Jan 2005, when i resumed my new position in Jan 2005.
The denial came this month from NSC, Saying "The basis for the denial is that those who must depend on a combination of education and experience to be found to have the equivalent of a Bachelor's degree plus 5 years of experience cannot qualify for EB-2 classification."
Can someone please help me on what can be done for this?

Thanks

Manu
Click to expand...
 
What all should I consider, before I file a new perm in the eb2 category. I have the following issues: 1) I have an approved perm labour in EB2, for which the I-140 got denied, Do I need to cancel this perm case, before I file a new perm in Eb2. IS filing a new perm cases in the same category Eb2, for the same employer and for the same position allowed. Is the job requirment okay to say " Bachelors in Engineering with 5yrs Experience". Also Is there any section in form 1098 that I need to be more careful. I want to review everything this time before it is filed. Any help on this isgreatly appreciated.

Thanks

Manu
 
You must log in or register to reply here.
Top