Tracker for EB3 cases
- Thread starter mohanmurali
- Start date
RFE Received--Intent to Deny
Hi Folks,
I received a Intent to Deny notice for my I-140 LC Subs EB3.
INS is not convinced that I have the same educational requirements as stated on the Original AEC.
The AEC Stated: BS in CS/CE/CE or RELATED Degree.
I have BS in CIS and MBA. I guess, INS does not consider CIS to be a related degree to CS
The attorney is now going to argue that CIS is related to CS and that our company has hired people with business degrees too in the past for the same position, thus they consider a business degree related to CS/CE/CS when making hiring decisions for this particular position. Not sure if it is going to help, but now after 10 years being legally in this country (BS, MS and 6 years H1), I am tired and frustated with the system.
Good luck to all you guys out there, hope your cases have a much better outcome as opposed to mine.
If you guys have any suggestions, please shoot. I may help me out.
Hi Folks,
I received a Intent to Deny notice for my I-140 LC Subs EB3.
INS is not convinced that I have the same educational requirements as stated on the Original AEC.
The AEC Stated: BS in CS/CE/CE or RELATED Degree.
I have BS in CIS and MBA. I guess, INS does not consider CIS to be a related degree to CS
The attorney is now going to argue that CIS is related to CS and that our company has hired people with business degrees too in the past for the same position, thus they consider a business degree related to CS/CE/CS when making hiring decisions for this particular position. Not sure if it is going to help, but now after 10 years being legally in this country (BS, MS and 6 years H1), I am tired and frustated with the system.
Good luck to all you guys out there, hope your cases have a much better outcome as opposed to mine.
If you guys have any suggestions, please shoot. I may help me out.
my140denied
Registered Users (C)
140 Denied - EB3 Concurrent filing - Original Labor
Hi All,
My 140 is denied. Here are the details
RD NOV27th (concurrent filing)
RFE Issued on Company Financials - Jan 27th
RFE Received by INS on 21st FEB
Denied on April 1st.
1. Website doesn't show the denied status
2. AVM says the same as website
3. I never got a Denial notice from INS for I - 140.
4. Today I recieved a 485 Denial notice which states that
"485 Denied cos' your 140 is Denied" and that is how I got to know that my I 140 is denied
5. The notice states "Your 485 filed by XXX recieved on Nov 18th " was denied. The funny part is Niether my name nor my Lawyer's name is "XXX" as stated in the message. I didn't even mail my application on Nov 18th. I mailed on Nov 25th so I don't know what's going on. But All the WAC #s(485, 131, 765) are mine on the denial notice. I am terribly confused.
Has anyone ever heard of this situation.....
It will be great if someone can throw some light and what tell me what I should be doing.
Thanks,
Hi All,
My 140 is denied. Here are the details
RD NOV27th (concurrent filing)
RFE Issued on Company Financials - Jan 27th
RFE Received by INS on 21st FEB
Denied on April 1st.
1. Website doesn't show the denied status
2. AVM says the same as website
3. I never got a Denial notice from INS for I - 140.
4. Today I recieved a 485 Denial notice which states that
"485 Denied cos' your 140 is Denied" and that is how I got to know that my I 140 is denied
5. The notice states "Your 485 filed by XXX recieved on Nov 18th " was denied. The funny part is Niether my name nor my Lawyer's name is "XXX" as stated in the message. I didn't even mail my application on Nov 18th. I mailed on Nov 25th so I don't know what's going on. But All the WAC #s(485, 131, 765) are mine on the denial notice. I am terribly confused.
Has anyone ever heard of this situation.....
It will be great if someone can throw some light and what tell me what I should be doing.
Thanks,
Aprilfool2
Registered Users (C)
Mine denied too!
I got a similar denial letter of my I-485. It saids my I-140 was denied in Junuary. But we never receive that denial notice. Both AVM and online saids my I-140 still pending. It is kind of weird if both the mail is missing and they forgot to update online at the same time.
I got a similar denial letter of my I-485. It saids my I-140 was denied in Junuary. But we never receive that denial notice. Both AVM and online saids my I-140 still pending. It is kind of weird if both the mail is missing and they forgot to update online at the same time.
my140denied
Registered Users (C)
Aprilfool2,
So what are you planning to do next? Did you talk to your attorney?
Thanks,
So what are you planning to do next? Did you talk to your attorney?
Thanks,
Aprilfool2
Registered Users (C)
Re:
I guess the only thing I can do is to try to find out the true status of my I-140. Otherwise I can not take any further action, including refiling again. There was no denial notice, no AVM and online update. I just can't believe that they really deny my case. It is really crazy. How about you, please get me informed about your result.
I guess the only thing I can do is to try to find out the true status of my I-140. Otherwise I can not take any further action, including refiling again. There was no denial notice, no AVM and online update. I just can't believe that they really deny my case. It is really crazy. How about you, please get me informed about your result.
my140denied
Registered Users (C)
Hi Aprilfool2,
My Lawyer got a notice that my 140 is denied today. The 140 was denied as INS is not convinced about the company's ability to pay. Our company is well funded , we had 2 approvals of 140 before mine. My lawyer is appealing the case but I have lost hopes.
Will Keep you posted, Could you also keep me posted on yours?
Thanks
My Lawyer got a notice that my 140 is denied today. The 140 was denied as INS is not convinced about the company's ability to pay. Our company is well funded , we had 2 approvals of 140 before mine. My lawyer is appealing the case but I have lost hopes.
Will Keep you posted, Could you also keep me posted on yours?
Thanks
Aprilfool2
Registered Users (C)
Re:
Oh, It is frustrating to hear that. The reason is so wierd. By the way, does it say when your I-140 was denied. Long time ago or just recently? I really appreciate that if you can let me know.
Also want to let you know that reapealing may takes even longer than applying again.
Oh, It is frustrating to hear that. The reason is so wierd. By the way, does it say when your I-140 was denied. Long time ago or just recently? I really appreciate that if you can let me know.
Also want to let you know that reapealing may takes even longer than applying again.
my140denied
Registered Users (C)
Re: Re:
It was denied on 1st April 2003. I have 30 days time to appeal.
Thanks for the info.
It was denied on 1st April 2003. I have 30 days time to appeal.
Thanks for the info.
Hi Aprilfool2,
Do you know why your I-140 was denied. Was is due to financial issues or some other issues, like education or experience.
1)Was this Eb2 or Eb3
2) Was this an original labor or labor substitution?
Can you appeal, did they give you some time to appeal the decision.
Thanks
Do you know why your I-140 was denied. Was is due to financial issues or some other issues, like education or experience.
1)Was this Eb2 or Eb3
2) Was this an original labor or labor substitution?
Can you appeal, did they give you some time to appeal the decision.
Thanks
my140denied
Registered Users (C)
Has anybody ever reapplied for I - 140 after the denial notice, if yes then how long can you wait before you reapply? Can you appeal and reapply at the same time? Please post your reply
Aprilfool2
Registered Users (C)
I-140 denial!
To: my140denied
Apealing will takes as long as one year. It usually tends to keep the original decision. Then you have to go to the federal court. It is time consuming and has small chance to revert the decision (it comes back to the same officier). It also costs a lot of money. That is what I have heard. I guess you can do reaaply and appealing at the same time. But you'd better check with the attorney. By the way, my I-140 denial was confirmed today.
To: obsoza
I was applying for Eb1(b). I just can't believe that they did that. Basically they just claim that we did not provide the information that we have provided. I guess they just deny my application without really looking into it. I don't think I will appeal. It would be pain in vain.
To: my140denied
Apealing will takes as long as one year. It usually tends to keep the original decision. Then you have to go to the federal court. It is time consuming and has small chance to revert the decision (it comes back to the same officier). It also costs a lot of money. That is what I have heard. I guess you can do reaaply and appealing at the same time. But you'd better check with the attorney. By the way, my I-140 denial was confirmed today.
To: obsoza
I was applying for Eb1(b). I just can't believe that they did that. Basically they just claim that we did not provide the information that we have provided. I guess they just deny my application without really looking into it. I don't think I will appeal. It would be pain in vain.
Sorry to hear that Aprilfool2.
I know how it feels to go thru these emotions. However look on the bright side, atleast it is over with and you can move on with your life. Maybe try different avenues to get a GC.
BTW, I think this whole GC situation sucks. Some applicants get their GC even though their case is identical to your's or sometimes less stronger than yours. So much depends on luck, your company your ATTORNEY that I feel in today's times its down to "how lucky you are"
In any event, all the best. Hope it works out for you.
I know how it feels to go thru these emotions. However look on the bright side, atleast it is over with and you can move on with your life. Maybe try different avenues to get a GC.
BTW, I think this whole GC situation sucks. Some applicants get their GC even though their case is identical to your's or sometimes less stronger than yours. So much depends on luck, your company your ATTORNEY that I feel in today's times its down to "how lucky you are"
In any event, all the best. Hope it works out for you.
my140denied
Registered Users (C)
Re: I-140 denial!
Hi Aprilfool2,
The procedure of appeal is as follows:
You send an appeal, it goes to CSC as motion to reconsider and they will review all the paper work. If they believe they have enough to make a positive decision they will do so or else they will send it to the appeals dept. If the CSC is convinced then it takes around 60 - 90 days to get decision. If not then it goes to appeals division (AAU) and they send you an approx time it would take for processing and then if it gets denied we can always reapply. Reapply option is always open for us.
This is what my lawyer told and also one other attorney who's supposed to be pretty good and popular in this area told me. My info may not be accurate... just thought would share what I know.
Thanks,
Hi Aprilfool2,
The procedure of appeal is as follows:
You send an appeal, it goes to CSC as motion to reconsider and they will review all the paper work. If they believe they have enough to make a positive decision they will do so or else they will send it to the appeals dept. If the CSC is convinced then it takes around 60 - 90 days to get decision. If not then it goes to appeals division (AAU) and they send you an approx time it would take for processing and then if it gets denied we can always reapply. Reapply option is always open for us.
This is what my lawyer told and also one other attorney who's supposed to be pretty good and popular in this area told me. My info may not be accurate... just thought would share what I know.
Thanks,
Aprilfool2
Registered Users (C)
Re: my140denied
Hi, my140denied,
Thanks for sharing all the information! Do you know whether the materials will be sent back to the same person or different one for reconsideration? For my case, they are just blind to the materials that we provided and claimed that we did not provide anything. My attorney was in a fury about this.
For the appealing, can we withdraw the appealing if the reconsideration is still negative. If the response is positive, can you reactivate the denied I-485 or you have to file I-485 again?
Also have you the confirmation to do the appealing or reapplying at the same time? My attorney said ok. But he is still trying to get confirmation.
Thanks and wish you the best luck in the apealing.
Hi, my140denied,
Thanks for sharing all the information! Do you know whether the materials will be sent back to the same person or different one for reconsideration? For my case, they are just blind to the materials that we provided and claimed that we did not provide anything. My attorney was in a fury about this.
For the appealing, can we withdraw the appealing if the reconsideration is still negative. If the response is positive, can you reactivate the denied I-485 or you have to file I-485 again?
Also have you the confirmation to do the appealing or reapplying at the same time? My attorney said ok. But he is still trying to get confirmation.
Thanks and wish you the best luck in the apealing.
my140denied
Registered Users (C)
Re: Re: my140denied
Here are the details:
1. I don't know if the same officer adjudicates the appeal.
2. I don't see any reason why you can't withdraw the appeal.
3. You can always appeal and reapply at the same time if CSC doesn't provide a positive decision on the appeal.
4. If CSC considers your "motion to reconsider" and the outcome is positive then 485 gets reopen and is in line with the date of filing. If it goes to AAU and then gets approved (let's say after 6 months) you have to file a fresh 485.
That's the info that I have. Hope that helps.
Thanks
Here are the details:
1. I don't know if the same officer adjudicates the appeal.
2. I don't see any reason why you can't withdraw the appeal.
3. You can always appeal and reapply at the same time if CSC doesn't provide a positive decision on the appeal.
4. If CSC considers your "motion to reconsider" and the outcome is positive then 485 gets reopen and is in line with the date of filing. If it goes to AAU and then gets approved (let's say after 6 months) you have to file a fresh 485.
That's the info that I have. Hope that helps.
Thanks