Sorry to use this forum.. My I140 get denied

B

belacut

Registered Users (C)
The letter said, I don't have enough experience (2 years). However, I have all the paperwork and I suspect USCIS just overlooked it. (been in the business more than 10years)

EB3 - ROW

What can I do now? My lawyer said, it may not a good idea to appeal, if not, why not? What's going to happen to me then? :confused:
 
belacut said:
The letter said, I don't have enough experience (2 years). However, I have all the paperwork and I suspect USCIS just overlooked it. (been in the business more than 10years)

EB3 - ROW

What can I do now? My lawyer said, it may not a good idea to appeal, if not, why not? What's going to happen to me then? :confused:
Click to expand...

what kind of a lawyer he is? just leave it?

your lawyer should send a letter with the appeal explaining your situation and your experience and point out politely that USCIS has overlooked your experience ....etc.

USCIS will definetly reconsider if the appeal is written nicely with facts and clear explanation.

good luck. don't loose hope, just keep pushing your lazy lier (i meant lawyer).....
 
unitednations said:
When you appeal a case; uscis can use different legal cases to discount evidence that you are submitting in the appeal. Also, if adjudicating officer wants to be nasty, he can just send it to the appeals office and it will sit there for 18 months.

Your lawyer may think of just re-filing with the correct letters. You will get a faster response and uscis has less legal cases against you when you do a re-filing. In re-filing on same labor you have better chances for success.
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Thank you!
So, even I am being turned down the first time, I can re-file the I140 based on the same labor?
 
Find a better attorney.

Better attorney = attorney who spends his/her time to sit down and explains to you the tac-tic/legal reasons ....on how to overcome in the difficult situation. I'm talking from my personal experience.


belacut said:
The letter said, I don't have enough experience (2 years). However, I have all the paperwork and I suspect USCIS just overlooked it. (been in the business more than 10years)

EB3 - ROW

What can I do now? My lawyer said, it may not a good idea to appeal, if not, why not? What's going to happen to me then? :confused:
Click to expand...
 
songlan said:
Find a better attorney.

Better attorney = attorney who spends his/her time to sit down and explains to you the tac-tic/legal reasons ....on how to overcome in the difficult situation. I'm talking from my personal experience.
Click to expand...

Any good recommendation?
 
unitednations said:
Your denial is a simple denial. Any attorney with 3% of a brain would be able to get it through.

However, for USCIS to deny it; there must be something else.

If you want better advice/recommendations then you should post the reason for denial.

IT IS VERY DIFFICULT FOR PEOPLE TO ADVISE WHEN PEOPLE DO NOT POST THE EXACT REASONS OF THE PROBLEM.
Click to expand...

Thanks UN.
Here is the story. (the exact wording is kinda long but here is what it decribed on the notice)

My company is a large scale HK/US forwarding company, I applied for an I140 with 2 years experience plus some special HK/US forwarding experience including reading/speaking chinese due to the nature of the position.

My I140 get denined due to insufficient experience (less than 2 years.) (At this point, I never work in US before except those business trips I took for my previous company). But the fact is, I have been in the business more than 10+ years plus I supplied all the company letters, employment certications to "my lawyer". The notice only mention part of my experience where it only based on one of the company I serverd but nothing for the other one. (I only worked for 2 companies in the last 9 years, basically, the "KHI" purchased the "AIA" back in 1998 and it went Ch.11 on 2000. That's why when USCIS only looked at my "KHI" company letters, I have have 16 months of experience of the job.)

So, I am very confused becaz if USCIS do read all my company letters, it will tell them I have 10+ years of experience in this field. I don't know what to do now.

I recently 1.5 years ago, I got my MBA, is there a chance I can file for a EB2? (I can have my "future" company to accommodiate my need for the job decription)

EB3 at NSC
Filed for Logistics Specialist
Currently holding a H4 - staying at home
 
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