re-filing I-140 petition after denial

S

suzihere

Registered Users (C)
Hello there,

I am on my 7th year H1B, valid until October 2007.

I had an RFE issued on my current I-140 petiton (USCIS is asking me to re-classify my EB2 petition to EB3), and I am sending a response tomorrow trying to maintain my case for EB2.

My questions are:


1. Is there anything that I need to be concerned about if my petion is denied and I want to re-file for EB3, keeping in mind that I am on an extended H1B visa already.

2. If we have to re-file, we will need the original LC to re-file. How easy it is to retrive the LC form the USCIS once they deny a petition?

3. Will I just have to reprint the forms with a new check box marked in it. Is it that simple?

4. Is premium processing an option in case I re-file.

5. Has anyone had any problems re-filing I-140 after denial?

Thanks, Suzi
 
suzihere said:
Hello there,

I am on my 7th year H1B, valid until October 2007.

I had an RFE issued on my current I-140 petiton (USCIS is asking me to re-classify my EB2 petition to EB3), and I am sending a response tomorrow trying to maintain my case for EB2.

My questions are:


1. Is there anything that I need to be concerned about if my petion is denied and I want to re-file for EB3, keeping in mind that I am on an extended H1B visa already.

2. If we have to re-file, we will need the original LC to re-file. How easy it is to retrive the LC form the USCIS once they deny a petition?

3. Will I just have to reprint the forms with a new check box marked in it. Is it that simple?

4. Is premium processing an option in case I re-file.

5. Has anyone had any problems re-filing I-140 after denial?

Thanks, Suzi
Click to expand...

I was in the same boat.

LC ( EB2) -> I-140 (EB2) denied -> refiled 140 (EB3) -> Filed H1B 7th year ext -> Ext. approved -> Upgrade I140 to PP -> 140 approved today.

For refiling 140 , you don't need original LC ( you can always refer your old case # in a cover letter)

Good Luck.
 
vka2100, congratulations on your approval.

Was the process of re-filing for EB3 pretty simple? if I get denied EB2, is there anything I need to know in order to file for EB3.

Thanks and good luck to you too,

Suzi
 
Yes, it was pretty simple for me as most of the stuff my laywer did. He attached a cover letter with reference to my previous case as Original LC was with USCIS only. I'm going to request for complete petition copy from him. Let me know if you need more details.
 
Hi vka2100 and suzihere

Can you guys tell me the reasons(possibilities) for the EB2 denial in your respective cases ? I am getting ready to file my I-140 in EB2 category and am just gathering some information.

Thank you
 
Unlucky me

Hi all,

I had the same situation, but my Eb3 I140 was not accepted for premium because my new I140 was taken for processing at NSC, my first EB2 I140 was processed at TSC which had my original LC. My lawyer did keep a cover letter explaining where my original LC is, even then NSC did not agree for Premium processing, they are going to refund the money. My 6th year is expiring on Dec 13 2006, I will be surprised if they approve by then, usually NSC is dead slow in processing I140. My PD is 11/30, so if they can approve it by end Nov 2006 then I can get 3 year extension, otherwise it'll be 1 year :(. I'll be filing my 7th year extension on DEC 1st.

Hi atl72,

Make sure your Job qualifies for EB2. It should be something like "5 years of experience with Bachelors or Masters". In my case when the lawyers placed Ad they did a mistake of stating "2 years of experience with Bachelors or Masters"

Even though I had Masters with 6+ years of experience USCIS denied it stating the minimum requirement does not qualify for EB2!.

All the best and good luck to you.

I am going to write my experience on this forum some time when everything turns ok.

Regards
Raj
 
Hi Raj

Thank you for the valuable information. In my LC it says Bachelors + 5 yrs of experience. But it didnt say the word "progressive". Offered salary is very much on the high side. My lawyer seems to be confident of qualifying in EB2 even though he says having the word "progressive" in the additional requirements section would make it more qualifying. Any thoughts ??

Good luck with your I-140 and HIB extension !

Thanks
 
Hi rajenk.
I would be curious to hear more about your case, because what happened to me was the exact same thing.

I have a masters, but when advertising my lawyer suggested and alterative requirement of Bachelor's + 2 which was a mistake. Had it been 3 it would have been fine, because the DOL and USCIS disagree about how many years are equivalent to a masters, and saying 3 years is just fine, unless you are trying to qualify with just the bachelor's and no masters, in which case it has to be + 5 years experience. Then we applied for Eb2, and cuncurrenlty I-485, and got RFEd. We just replied yesterday.

So they are refusing PP because they have to retrive the LC form TSC?

BTW it took 6 months for the NSC to look at my initial I-140. It is not long but you will have it before your H1B expires. Do you know how Nebraska takes to respond to an RFE?

Hope to hear from you,

Suzi
 
Hi Suzi,

Yes I do qualify for the job and TSC did agree that I got advanced degree in their denial letter. But they simply said the job for which the benificiary is seeking benifts does not qualify under EB2 category and hence this case be denied! End of Story :(

My I140 EB2 was processed at TSC and they only sent a NOID. I have zero experience with NSC. But from what I have heard is they are the slow movers when comparing any other service centers. As you said they took 6 months to look at your case. I'm not surprised if they start processing mine which was filed on Sep 14th 2006 by Sep 2007!. I am certain to say that because they now get lots of PP I140s from all categories so they are prety much busy minting MONEY... big bucks man... if they get $1200 for an application than $200 which one would they care and choose!

Yes NSC refused to process my I140 in premium because they have to retrive my original LC from my first I140 (EB2) which is at TSC!

Lately I have noticed that my TSC case got an LUD on 10/22/06 which is a Sunday and I am woundering who the hell is touching my case on Sunday, it is scary man.

Any way I am hoping for the best soon or later

Regards
Raj
 
Any updates to your case?

Hi Suzihere,

I have the same problem as you. LC just got approved (PD Mar 2004), lawyer made a mistake in the past putting it down as MS or BS +2yrs. How did your reply go - did they accept your explanation? What justification did you use? I'm just starting the 7th year of my H1, and would hate to go to EB3 (worldwide, currently Aug2002)

Thanks.
 
Hi Suzihere, thanks, but did you know just last week the Texas EB3 I-140 dates went back 3 years? Its like we're not even supposed to be EB3 and every step of the way another hurdle comes about because of that.

What happened to your case anyways? Did you manage to get EB2 or are you in the same EB3 boat as me now?
 
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