I140 denied without any RFE - Please help

1

140mess1

New Member
Hello All,

My I-140 (filed under EB2 - substituted labor from my current employer - PD 02/2005) was denied (and hence I-485) last week. The denial reason is I wasn't having 5 years of experience as of 02/2005 (4yr Bachelor degree).

I was having just 4 years experience as of 02/2005. But, when 140 was filed, my part-time experience (for the remaining 1 year) was considered and hence filed under EB2. Now my lawyer says USCIS doesn't accept part-time experience certificates anymore and hence the denial and the MTR can be filed requesting I could be considered under EB3 category.

I don't know what to do now. Any help would be greatly appreciated.

Thank you!!!
 
Thanks nscagony!!!!

This is a sub. labor. Is re-filing even possible ? I thought the only option possible is MTR.
 
I am afraid that even EB3 is not possible if original LC required 5 years of experience but you had only 4. Most probably MTR will be denied too.

I believe that you know that your experience at your current job can not be counted.

If I were you I would file new process from the scratch without wasting the time.
 
You would be better to refile now as an EB2 and forget about the LC Substitution, the MTR will most likely be denied because the experience is not there as of the 2005 when the LC originally was filed. However if you submit an EB2 now, you will have more than the necessary experience to qualify for EB2 based on the thread.
 
No, you cannot re-file I-140 with a sub labor certification. A case can be re-filed as a EB3 only if the beneficiary possess the EB2 criteria but the LC job does not qualifies as EB2.

Best approach would be to file a new EB2 case from the scratch.
 
you can get approved..Please let me know with all details
 
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