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I140 denied
- Thread starter LSR_JMD
- Start date
bettertimes
Registered Users (C)
Denial
What's the reason for denial? Do you know.
What's the reason for denial? Do you know.
manwithnoname
Registered Users (C)
I140 Eb2 Denied, and i'm on EAD and completed 180 days after filing 485
my employer said they applied form 140 again under EB3 and can i shift employer now if my 140 is pending and i completed 180 days after filing 485
Please help?
You can, provided your employer co-operates with the new EB3 I-140.
Last edited by a moderator:
What's the reason for denial? Do you know.
No masters
GCFORMEORNOT
Registered Users (C)
180 days kicks in...
When was your labor certified? If it was more than 180 days. You can not use same labor to file 140. Basically you start from LC again.
I140 Eb2 Denied, and i'm on EAD and completed 180 days after filing 485
my employer said they applied form 140 again under EB3 and can i shift employer now if my 140 is pending and i completed 180 days after filing 485
Please help?
When was your labor certified? If it was more than 180 days. You can not use same labor to file 140. Basically you start from LC again.
worrieddude
Registered Users (C)
I140 Eb2 Denied, and i'm on EAD and completed 180 days after filing 485
my employer said they applied form 140 again under EB3 and can i shift employer now if my 140 is pending and i completed 180 days after filing 485
Please help?
1. I-140 denial means denial of I-485. (I-485 is based on I-140). So this means that you are out of status.
2. You will need to get EAD from EB3 labor to retain status.
manwithnoname
Registered Users (C)
No masters
So, is your lawyer is willing to refile the case as EB3? Generaly a case is allowed to refile in EB3 when the beneficiary meets the EB2 criteria but the Job Description in LC does not.
st4rguitar
Registered Users (C)
I140 Eb2 Denied, and i'm on EAD and completed 180 days after filing 485
my employer said they applied form 140 again under EB3 and can i shift employer now if my 140 is pending and i completed 180 days after filing 485
Please help?
If your I-140 has been denied, ALL subsequent petitions depending on that I-140 are automatically revoked. I hope you maintained your H-1 status throughout the GC process so you are still on that and OK.
If your I-140 has been denied, ALL subsequent petitions depending on that I-140 are automatically revoked. I hope you maintained your H-1 status throughout the GC process so you are still on that and OK.
Not if you file an appeal.
140-Notice of Intent to Deny for EB2-Urgent
Hi Gurus
The USCIS has sent a NOID. I have a 4 yrs Mech Engg degree+ 5+ yrs of relevant experience. My lawyer had my mistake stated 4 yrs System Engg + 5 yrs exp in labor.
My work does nt require a System Engg degree and the company has also furnised examples of people who are doing the same job responsibilities who does not have System Engg degrees.
Since the degrees (Mechanical vs System) did not match, USCIS wants to deny it. We have sent a educational evaluation. Do you think we need to do anything else? Based on experience is there any chance that they might approve it.
If it is denied do I need to start all over again. I have not used my EAD yet.
Please advice.
Hi Gurus
The USCIS has sent a NOID. I have a 4 yrs Mech Engg degree+ 5+ yrs of relevant experience. My lawyer had my mistake stated 4 yrs System Engg + 5 yrs exp in labor.
My work does nt require a System Engg degree and the company has also furnised examples of people who are doing the same job responsibilities who does not have System Engg degrees.
Since the degrees (Mechanical vs System) did not match, USCIS wants to deny it. We have sent a educational evaluation. Do you think we need to do anything else? Based on experience is there any chance that they might approve it.
If it is denied do I need to start all over again. I have not used my EAD yet.
Please advice.