Straight 140 Denials.

sunnyap

Registered Users (C)
Hello All,
Has anyone had a straight denial and based on the rescension of the memo that allowed the above , talked to your lawyer about approaching uscis for reconsideration if so please post your details.
s

Also you can start using thisthread to track 140 straight denials
 
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Sunnyap,

I had a straight denial of I-140 without any options to appeal in Dec 2004. As per my attorney, the only option in such cases is to file the Motion to Reopen (MTR) with all the additional documents to prove the decision was wrong. My MTR was filed in Jan 2005 and am still eagerly waiting to know what happens next.

myslm
 
I have used a Sub Labor to file I-140, and the adjucator of my case has denied the case stating that the previous beneficiary of the Labor was issued PR status.

But, according to my attorney, the I-140 filed against the labor was withdrawn and the previous beneficiary was not qualified for AC21.

myslm
 
Denial

The denial reason was ability to pay.This was a part of the case that UN talked about where USCIS clubbed 4 cases together.
The denial was sent in dec , we filed a MTR in jan , 3 luds in february.
:confused:
 
Denial

My 140 was denied in Dec'04 and appeal was filed in dec. LUD in Feb stating file is transfered to AAO(Washington).
 
Thanks for the update Bala

Thanks for the update Bala, we need to use this as a support group to share any changes updates to our cases. We can also post information on whether we can influence our senators to look into this issue and also any updates from our lawyers.
By the way what was the reason for the denial.
Thanks.
"Remember communication may be the best stress reliever yet"
S
 
Denial

Education grounds. I have 3 years degree with lots of years exp. My LC requires BA/BS or equivalent. The officer overlook the application and missed that word equivalent and denial saying no 4 years of degree which is a requirement.

Looks like the officer was little lazy to turn some pages and go thru the application in full. Anyway he/she is not loosing anything by doing so. Keeping my fingers crossed atleast in the appeal process they would go thru the entire application to find some fault.
 
140 & 485 denied due to experience should occur after degree

My 140 (EB3)& 485 got denied in Dec 04 due the the LC required 5 years of expereince, and the officer assessed it must occur after my bachelors degree, though I had many years of pre bachelors experience, it was not considered.

Later I understood that it is USCIS HQ position that experience prior to the bachelors is accepted under EB3 category, but my 290B appeal was not considered at CSC and they forwarded to AAO Washington DC in Jan 05. It seems it takes 14 months for them to process EB3 appeals.

findgc.
 
Wonder if there is any way to talk to USCIS

May we need to all write to our senators / congressman impressing on the need for direct denial cases to be reconsidered...
What do you guys think.
 
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