As expected, I got the news from the lawyer that the appeal has been rejected. This will complete my 5 years of wait and frustation, first with LC and BEC and now with I140 and AAO. Time to start all over again... This immigration system is a mockery of a system ...sanbaj said:
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Tracker for appeals/MTR
- Thread starter bcis
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sanbaj said:As expected, I got the news from the lawyer that the appeal has been rejected. This will complete my 5 years of wait and frustation, first with LC and BEC and now with I140 and AAO. Time to start all over again... This immigration system is a mockery of a system ...
So sorry to hear that. All I can say is that hanging on there. The second time will be easier. Keep trying and you will get what you want. Don't give up yet.
waiting_legally
Registered Users (C)
Hi there,
so what was the prob in your labor which made 140 denied?
thanks,
so what was the prob in your labor which made 140 denied?
thanks,
kukuchaku said:I filed 290B in Nov 15th I think. I got the email just last week that its been transfered to AAO. So it took approx two months.
How about your case? are you in same situation? This is my second attempt on I-140 and my first case too denied because labor was not done right.
waiting_legally
Registered Users (C)
Hi marooti, so what what the outcome, im in the same boat too, applyied 140 last week..
EB3, 3yrs BSC plus 3 year GNIIT
thanks
EB3, 3yrs BSC plus 3 year GNIIT
thanks
marooti said:On April 19, 2006, we received this case back from the Administrative Appeals
Office. If any further action is appropriate, we will notify you when it is
taken.
Thanks for your post.
yes I called on my own and opened this enquiry.
I am planning to call back in month to find out again status for the enquiry. The agent was very co-operative and answered all my questions.
Why your I-140 got denied? Mine is for 3 year degree.
Thanks
yes I called on my own and opened this enquiry.
I am planning to call back in month to find out again status for the enquiry. The agent was very co-operative and answered all my questions.
Why your I-140 got denied? Mine is for 3 year degree.
Thanks
snowyday said:Kukuchaku:
Be patient, you should get your inquiry result within a month. Did you call them or did your employer/lawyer call them? I called them once but they refused to discuss the case with me because I am the beneficiary. They only discuss with lawyers and applicants.
snowyday
kukuchaku said:Thanks for your post.
yes I called on my own and opened this enquiry.
I am planning to call back in month to find out again status for the enquiry. The agent was very co-operative and answered all my questions.
Why your I-140 got denied? Mine is for 3 year degree.
Thanks
Hi KC:
It's a long story. The details of my case is in this thread http://boards.immigrationportal.com/showthread.php?t=215047
You are lucky that they are nice to you. I was not that lucky. The agent said he only discuss the case to lawyers or applicants, not beneficiaries. The official time for inquiry is a month. You will get yours soon. Good luck.
snowyday
Sheila R Danzig
Registered Users (C)
combination for the I140 -
Yesterday I received an RFE that was sent (from NSC) for a PREVIOUSLY ACCEPTED I-140 application.
This is what it says - clearly stating that combinations are not acceptable:
"In 1991,the beneficiary obtained a three-year Bachelor’s Degree in the field of xxxxxxxxxxx from the University of xxxxx. This degree was correctly evaluated as being the equivalent of only three years of undergraduate study at a United States university. The beneficiary subsequently completed a one-year certificate course in the field of Computer Programming & System Analysis and Design from the Toolroom & Training Centre in 1993. You submitted an evaluation claiming that the degree and certificate combined are the equivalent of a United States baccalaureate degree in the field of Electrical Engineering with coursework in Computer Programming.
The term “United States baccalaureate degree or a foreign equivalent degree” is interpreted by the Service to mean a United States Bachelor’s degree or a single-source, foreign degree that is equivalent to a U.S. baccalaureate degree. The Service considers a foreign equivalent degree to be a degree that is awarded for completing a course of study at a higher learning institution outside the United States that is similar to a course of study at a higher learning institution inside the United States. A baccalaureate degree is generally found to require four years of education. See Matter of Shah, 17 I&N Dec. 244, 245 (Comm. 1977). Unlike nonimniigrant petitions for temporary workers, employment-based immigrant petitions cannot make allowances to accept a series of certificates granted by different institutions for formal and/or informal study when determining a beneficiary’s educational qualifications. In this case, the beneficiary’s three-year foreign degree is not the equivalent of a United States baccalaureate degree, and may not be combined with a subsequent one-year certificate from a different institution to meet the regulatory requirements."
Yesterday I received an RFE that was sent (from NSC) for a PREVIOUSLY ACCEPTED I-140 application.
This is what it says - clearly stating that combinations are not acceptable:
"In 1991,the beneficiary obtained a three-year Bachelor’s Degree in the field of xxxxxxxxxxx from the University of xxxxx. This degree was correctly evaluated as being the equivalent of only three years of undergraduate study at a United States university. The beneficiary subsequently completed a one-year certificate course in the field of Computer Programming & System Analysis and Design from the Toolroom & Training Centre in 1993. You submitted an evaluation claiming that the degree and certificate combined are the equivalent of a United States baccalaureate degree in the field of Electrical Engineering with coursework in Computer Programming.
The term “United States baccalaureate degree or a foreign equivalent degree” is interpreted by the Service to mean a United States Bachelor’s degree or a single-source, foreign degree that is equivalent to a U.S. baccalaureate degree. The Service considers a foreign equivalent degree to be a degree that is awarded for completing a course of study at a higher learning institution outside the United States that is similar to a course of study at a higher learning institution inside the United States. A baccalaureate degree is generally found to require four years of education. See Matter of Shah, 17 I&N Dec. 244, 245 (Comm. 1977). Unlike nonimniigrant petitions for temporary workers, employment-based immigrant petitions cannot make allowances to accept a series of certificates granted by different institutions for formal and/or informal study when determining a beneficiary’s educational qualifications. In this case, the beneficiary’s three-year foreign degree is not the equivalent of a United States baccalaureate degree, and may not be combined with a subsequent one-year certificate from a different institution to meet the regulatory requirements."
stillwaiiting
Registered Users (C)
Is UnitedNations on Summer Vacation?
AAO - I-140 Processing time
My company tells me that the processing time frame in Administrative Appeals office for I-140 applications is 17 Months. Is this true? Does anyone knows the link to check the processiong time for AAO applications?
My I-140 got denied in Oct 2005,
Appealed on Nov2005
transferred to AAO on JAN 2006.
Anyone knows how much time its taking for I-140's at AAO?
Thsnka
My company tells me that the processing time frame in Administrative Appeals office for I-140 applications is 17 Months. Is this true? Does anyone knows the link to check the processiong time for AAO applications?
My I-140 got denied in Oct 2005,
Appealed on Nov2005
transferred to AAO on JAN 2006.
Anyone knows how much time its taking for I-140's at AAO?
Thsnka
kukuchaku said:My company tells me that the processing time frame in Administrative Appeals office for I-140 applications is 17 Months. Is this true? Does anyone knows the link to check the processiong time for AAO applications?
My I-140 got denied in Oct 2005,
Appealed on Nov2005
transferred to AAO on JAN 2006.
Anyone knows how much time its taking for I-140's at AAO?
Thsnka
Check this link: http://www.immigration.com/processing-times/aao.html
Mine appeal was sent to AAO about the same time as yours. And I haven't got results yet either.
snowyday said:Check this link: http://www.immigration.com/processing-times/aao.html
Mine appeal was sent to AAO about the same time as yours. And I haven't got results yet either.
Thanks for your reply..
This wait is really boring.. I just wish I know the results sooner , no matter whatever the results might be..
thanks
I-140 Denied
Friends,
I came to know from my lawyer today that my pending I140 with AAO was denied completely sometime in the end of April. It was expected.
As a backup, I had refiled my I140 using the evaluation from thedegreepeople.com . I am hoping that my refiled I140 will get approved but can't be very sure.
Also as a 2nd backup, I had filed a fresh labor in July 2004 which is in Backlog and hasn't come thru yet.
If my refiled I140 also gets denied for some reason then I am not really sure if I should stay in US and persue my GC. Even though I know I can keep extending my H1 visa using the 2nd labor, I am not sure if its worth the effort. I have suffered a lot of pain and agony already.
I thought I will share this with you all and would suggest anyone who is waiting to hear back from AAO especially for education related denials to take alternate measures.
Anyone has any advice/suggestions about my situation.
Friends,
I came to know from my lawyer today that my pending I140 with AAO was denied completely sometime in the end of April. It was expected.
As a backup, I had refiled my I140 using the evaluation from thedegreepeople.com . I am hoping that my refiled I140 will get approved but can't be very sure.
Also as a 2nd backup, I had filed a fresh labor in July 2004 which is in Backlog and hasn't come thru yet.
If my refiled I140 also gets denied for some reason then I am not really sure if I should stay in US and persue my GC. Even though I know I can keep extending my H1 visa using the 2nd labor, I am not sure if its worth the effort. I have suffered a lot of pain and agony already.
I thought I will share this with you all and would suggest anyone who is waiting to hear back from AAO especially for education related denials to take alternate measures.
Anyone has any advice/suggestions about my situation.
Last edited by a moderator:
sorry to hear about your denial.
I am in same situation except my I-140 is in AAO since Jan 2006. My labor is also in backlog reduction center.
I am now planning on filing another labor under PERM and do this correctly..
Can I refile the I-140 again if it comes back from AAO. I already sent the new evaluation when I appealed( thedegreeppl.com)
Thanks for sharing this information
I am in same situation except my I-140 is in AAO since Jan 2006. My labor is also in backlog reduction center.
I am now planning on filing another labor under PERM and do this correctly..
Can I refile the I-140 again if it comes back from AAO. I already sent the new evaluation when I appealed( thedegreeppl.com)
Thanks for sharing this information
marooti said:Friends,
I came to know from my lawyer today that my pending I140 with AAO was denied completely sometime in the end of April. It was expected.
As a backup, I had refiled my I140 using the evaluation from thedegreepeople.com . I am hoping that my refiled I140 will get approved but can't be very sure.
Also as a 2nd backup, I had filed a fresh labor in July 2004 which is in Backlog and hasn't come thru yet.
If my refiled I140 also gets denied for some reason then I am not really sure if I should stay in US and persue my GC. Even though I know I can keep extending my H1 visa using the 2nd labor, I am not sure if its worth the effort. I have suffered a lot of pain and agony already.
I thought I will share this with you all and would suggest anyone who is waiting to hear back from AAO especially for education related denials to take alternate measures.
Anyone has any advice/suggestions about my situation.
As per my lawyer, Yes you can refile I-140 after the decision is made by AAO. I refiled late becuase my company delayed a lot to give the finacials and I made the decision sometime in Nov.'05 to Refile even though I came to know that one can refile in June 2005. But I think its better to refile asap so you can get the results of refile sooner. Now I have to wait till at least Aug or Sept to get the results of refiled I140.
kukuchaku said:sorry to hear about your denial.
I am in same situation except my I-140 is in AAO since Jan 2006. My labor is also in backlog reduction center.
I am now planning on filing another labor under PERM and do this correctly..
Can I refile the I-140 again if it comes back from AAO. I already sent the new evaluation when I appealed( thedegreeppl.com)
Thanks for sharing this information
what are the additional evidences in refile? Please let me know
marooti said:As per my lawyer, Yes you can refile I-140 after the decision is made by AAO. I refiled late becuase my company delayed a lot to give the finacials and I made the decision sometime in Nov.'05 to Refile even though I came to know that one can refile in June 2005. But I think its better to refile asap so you can get the results of refile sooner. Now I have to wait till at least Aug or Sept to get the results of refiled I140.
The only thing different in refiled I140 is the evaluation from thedegreepeople.com instead of previous evaluations done by other eval agencies.
Come to think of it, I have already spent about $10K on the process + so much tension + so much time loss. Also, if I would have got my EAD then my wife also could have started working. And still I don't really see light at the end of the tunnel.
Come to think of it, I have already spent about $10K on the process + so much tension + so much time loss. Also, if I would have got my EAD then my wife also could have started working. And still I don't really see light at the end of the tunnel.
A0001 said:what are the additional evidences in refile? Please let me know
marooti said:The only thing different in refiled I140 is the evaluation from thedegreepeople.com instead of previous evaluations done by other eval agencies.
Come to think of it, I have already spent about $10K on the process + so much tension + so much time loss. Also, if I would have got my EAD then my wife also could have started working. And still I don't really see light at the end of the tunnel.
I have already appealed using the degreepeople evaluation. Yes you are correct. You file everything, spend additional money and there is no hope at the end road...
Hummm.. however its good to know you can refile I-140 again if you have more evidence. I am getting my addtional degree details, like number of hours studied, subjects studied (Details syllabus) and making a comparison between US college hours, and Indian 3 yr degree hours. hopefully I find some good point in arguing.
Sorry to hear the news. I am in the same boat. My appeal got denied last week. Thinking of re-filing I140...marooti said:Friends,
I came to know from my lawyer today that my pending I140 with AAO was denied completely sometime in the end of April. It was expected.
As a backup, I had refiled my I140 using the evaluation from thedegreepeople.com . I am hoping that my refiled I140 will get approved but can't be very sure.
Also as a 2nd backup, I had filed a fresh labor in July 2004 which is in Backlog and hasn't come thru yet.
If my refiled I140 also gets denied for some reason then I am not really sure if I should stay in US and persue my GC. Even though I know I can keep extending my H1 visa using the 2nd labor, I am not sure if its worth the effort. I have suffered a lot of pain and agony already.
I thought I will share this with you all and would suggest anyone who is waiting to hear back from AAO especially for education related denials to take alternate measures.
Anyone has any advice/suggestions about my situation.
One question for you as you have already refiled. Can we extend H1B (7th year extension) on this refiled I140 application. Also, if this refiled i140 gets approved, can the denied I485 application be re-opened again or is it need to be refiled?
Let me know your thoughts.
Thanks!
My lawyer has confirmed after her research that the refiled I140 can be tied back to the original I485 once it is approved.
As far as filing H1 is concerned, I will most likely use my 2nd labor's receipt notice which is in Dallas Backlog and was filed in July 2004. I can probably use the receipt notice from refiled I140 also but I haven't asked this to my lawyer yet. If anyone has their opinion about this then please let me know.
As far as filing H1 is concerned, I will most likely use my 2nd labor's receipt notice which is in Dallas Backlog and was filed in July 2004. I can probably use the receipt notice from refiled I140 also but I haven't asked this to my lawyer yet. If anyone has their opinion about this then please let me know.
sanbaj said:Sorry to hear the news. I am in the same boat. My appeal got denied last week. Thinking of re-filing I140...
One question for you as you have already refiled. Can we extend H1B (7th year extension) on this refiled I140 application. Also, if this refiled i140 gets approved, can the denied I485 application be re-opened again or is it need to be refiled?
Let me know your thoughts.
Thanks!
bostonian_27
Registered Users (C)
sanbaj/marooti
My 140 was denied as well and an MTR+appeal filed last month. Not sure if its in AAO office yet. But I have a few questions/thoughts which I want to share.
1. I confirmed with the lawyers that you can file H1b for the subsequent year based on the pending appeal. Again, I would ask you to run this by your attorney as well.
2. Can you not refile the 140 while the appeal is already pending. What is the difference between filing it after the decision is let known on the appeal Vs. filing it when the appeal is pending?
3. When the appeal is pending and ones priority date becomes current, can the person file for 485 with a pending 140 appeal?
I'm seeing the appeal is an eye wash in most of the cases, so I'm not sure if I should keep my hopes on appeal. Lets see how it goes.
My 140 was denied as well and an MTR+appeal filed last month. Not sure if its in AAO office yet. But I have a few questions/thoughts which I want to share.
1. I confirmed with the lawyers that you can file H1b for the subsequent year based on the pending appeal. Again, I would ask you to run this by your attorney as well.
2. Can you not refile the 140 while the appeal is already pending. What is the difference between filing it after the decision is let known on the appeal Vs. filing it when the appeal is pending?
3. When the appeal is pending and ones priority date becomes current, can the person file for 485 with a pending 140 appeal?
I'm seeing the appeal is an eye wash in most of the cases, so I'm not sure if I should keep my hopes on appeal. Lets see how it goes.