urgent: EB3 I140 Denied without RFE

sid140

Registered Users (C)
#1
Hi,

My I140 application is denied without RFE on the following grounds

1) ability to pay
2) Educational Qualification (Bcom + 1 year pgdca + 9 years experience out of which 3 years in USA and around 1 year in Italy and Singapore)

My lawyer is filing for an appeal, not sure whether I can get my I140 approved, iam sure there are people who have gone through this, and their inputs would be highly appreciated.

We submitted the independent edu evaluation also.

thanks & regards
 

Some_GreenCard

Registered Users (C)
#2
We are very sorry to hear about your denial.
Did you get 2 RFE on same I140?
Reg your Educational RFE - What did your labor say for column 14 and 15? List out all the details on both columns.
Did you do 2nd evaluation through different evaluator?

Ask your lawyer to appeal within 30 days.

SG

Hi,

My I140 application is denied without RFE on the following grounds

1) ability to pay
2) Educational Qualification (Bcom + 1 year pgdca + 9 years experience out of which 3 years in USA and around 1 year in Italy and Singapore)

My lawyer is filing for an appeal, not sure whether I can get my I140 approved, iam sure there are people who have gone through this, and their inputs would be highly appreciated.

We submitted the independent edu evaluation also.

thanks & regards
 

sid140

Registered Users (C)
#3
no RFE, direct denial :). my lawyer is filing an appeal, although I am not sure whether I can get it approved. Labor says software engineer with computer science degree and 2 or 3 years experience.
 

Some_GreenCard

Registered Users (C)
#4
This is very disappointing...without any RFE..direct denial... Iam very sorry again for this mess. Check this thread for more help on your case http://boards.immigrationportal.com/showthread.php?t=133912&page=73

While your case is in MTR/Appeal stage, start filing new labor (may be from different employer) for backup. Consult with your attorney. Good Luck.

SG
no RFE, direct denial :). my lawyer is filing an appeal, although I am not sure whether I can get it approved. Labor says software engineer with computer science degree and 2 or 3 years experience.
 

sid140

Registered Users (C)
#5
applied for an appeal on may 23rd with modified experience letters since they didnt feel that my experience letters were reflecting my experience in software and the responsibilities I was performing.

also attached the proof for eligibility to pay, probably tax returns, bank statements etc.

I have one question though, will an appeal ever get approved in this kind of scenario. How much time it takes to get the result either way.

please let me know

thanks
 

Some_GreenCard

Registered Users (C)
#6
Pl. post your question in this thread...
http://boards.immigrationportal.com/...133912&page=73
there are lots of people there in that thread with similar situation that you are in now. You will be able learn from their experience.

SG

applied for an appeal on may 23rd with modified experience letters since they didnt feel that my experience letters were reflecting my experience in software and the responsibilities I was performing.

also attached the proof for eligibility to pay, probably tax returns, bank statements etc.

I have one question though, will an appeal ever get approved in this kind of scenario. How much time it takes to get the result either way.

please let me know

thanks
 

EricS

Active Member
#7
applied for an appeal on may 23rd with modified experience letters since they didnt feel that my experience letters were reflecting my experience in software and the responsibilities I was performing.

also attached the proof for eligibility to pay, probably tax returns, bank statements etc.

I have one question though, will an appeal ever get approved in this kind of scenario. How much time it takes to get the result either way.

please let me know

thanks
Hello Sid,

Yes, there are chances of approval in such cases. I also got straight denial without RFE and had Ability to pay and education qualification as 2 reasons for denial.

The difference from your case was that I have 4 year engineering degree. The main reason they denied the case was A2P, they added education because my lawyer forgot to attach education evaluation for my degree. If you want you can read more about my case in the thread in my signature.

If your LC only states software engineer with computer science and does not have the magic words "OR EQUIVALENT", then it is tough to get an approval, although not impossible.

Best of luck!
 

sid140

Registered Users (C)
#8
I see that it took only one month to approve your I120B. I hope mine also gets approved as fast :). BTW What is A2P,LUD etc need to learn this lingo And congratulations
 

EricS

Active Member
#10
I see that it took only one month to approve your I120B. I hope mine also gets approved as fast :). BTW What is A2P,LUD etc need to learn this lingo And congratulations
Thanks! There are some threads that discuss Education evaluation in detail. Try to search for posts by Shiela Danzig and A0001.
 

stillwaiiting

Registered Users (C)
#11
Thanks! There are some threads that discuss Education evaluation in detail. Try to search for posts by Shiela Danzig and A0001.
Don't waste your hard earned money on Sheila Danzig. Not worth it. I spent $800+ and I140 denied second time. I think now she is charging $1000+. Anyway, apply fresh labor with proper wording. Good luck.
 

RLNY122004

Registered Users (C)
#12
You have applied as EB2 or EB3 ??


Hi,

My I140 application is denied without RFE on the following grounds

1) ability to pay
2) Educational Qualification (Bcom + 1 year pgdca + 9 years experience out of which 3 years in USA and around 1 year in Italy and Singapore)

My lawyer is filing for an appeal, not sure whether I can get my I140 approved, iam sure there are people who have gone through this, and their inputs would be highly appreciated.

We submitted the independent edu evaluation also.

thanks & regards
 

sid140

Registered Users (C)
#13
mine is eb3. i got my edu evaluation done by trust forte. they equate my education to computer science and business administration grad.

eric you didnt reply how come you got your i140 approved so fast after denial
 

sid140

Registered Users (C)
#14
and on top of this all the eb dates are current as per the latest news. iam in a fix whether to apply for 485 and waste money. or apply fresh labor. if i apply 485 and ead and if it is rejected i have 3 more years on my h1b will it go waste?
 

sunny26

Registered Users (C)
#15
Hi
No matter what happens ur h1b valid till date.if u apply for new labour it wil take min 6month

and on top of this all the eb dates are current as per the latest news. iam in a fix whether to apply for 485 and waste money. or apply fresh labor. if i apply 485 and ead and if it is rejected i have 3 more years on my h1b will it go waste?
 

EricS

Active Member
#16
mine is eb3. i got my edu evaluation done by trust forte. they equate my education to computer science and business administration grad.

eric you didnt reply how come you got your i140 approved so fast after denial
Sid, you didn't ask how I got fast approval, so I didn't reply. Anyway, I did not do anything special. I applied for MTR/appeal (290B). Did very good documentation and presentation. The total number of pages in my MTR were more than 100 and included all possible supporting documents that I could provide. This may have helped in fast approval of 140 after denial. For more details about my case, you an read the thread in my signature.
 

sid140

Registered Users (C)
#17
eric, would you mind sharing your brief, you can strike off your personal details. just want to see if my lawyer is also in the right approach

thanks
 

EricS

Active Member
#18
Don't waste your hard earned money on Sheila Danzig. Not worth it. I spent $800+ and I140 denied second time. I think now she is charging $1000+. Anyway, apply fresh labor with proper wording. Good luck.
Just want to clarify, when I mentioned the user's names, I was trying to help Sid to find the threads that discuss education related RFEs and denials. I was not recommending anyones service. It is good that you posted your experience. Thanks!
 

EricS

Active Member
#19
eric, would you mind sharing your brief, you can strike off your personal details. just want to see if my lawyer is also in the right approach

thanks
Send me a PM (private message) with your email address. I will send you an email explaining what was in my reply.
 
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