urgent: EB3 I140 Denied without RFE

3+2 = Bachelor's OFFICIAL FROM AILA

We are at the AMERICAN IMMIGRATION LAWYERS ASSN Conference and the 3 year bachelor's degree + 2 year Masters has been OFFICIALLY clarified. It is being accepted as equivalent to a US Bachelor's degree for EB3 and if you also have 5 years of experience it qualifies for EB2. But remember that the work experience must be progressive and start after the completion of the bachelor's degree - which in this case would likely be after completing the masters degree.

Feel free to contact me if you have any questions.
SHEILA at Danzig dot com
 
what is column 14 and 15. is it the section H of labor.

my column 14 says

"Will accept any suitable combination of education, training and experience." but still nsc rejected it
 
Sheila R Danzig said:
We are at the AMERICAN IMMIGRATION LAWYERS ASSN Conference and the 3 year bachelor's degree + 2 year Masters has been OFFICIALLY clarified. It is being accepted as equivalent to a US Bachelor's degree for EB3 and if you also have 5 years of experience it qualifies for EB2. But remember that the work experience must be progressive and start after the completion of the bachelor's degree - which in this case would likely be after completing the masters degree.

Feel free to contact me if you have any questions.
SHEILA at Danzig dot com
Click to expand...
Sheila,

I have 3 year bachelor's degree + 2 year Masters. My Labor was certified under EB2 category. ALTHOUGH I have experience for 6 years after completion of my Masters THIS FACT WAS NOT MENTIONED IN THE LABOR.

Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.

DO I stand a chance for I-140 getting approved. Please advice.
Thanks,
Neeraj.
 
dont thread jack

neerajkhan said:
Sheila,

I have 3 year bachelor's degree + 2 year Masters. My Labor was certified under EB2 category. ALTHOUGH I have experience for 6 years after completion of my Masters THIS FACT WAS NOT MENTIONED IN THE LABOR.

Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.

DO I stand a chance for I-140 getting approved. Please advice.
Thanks,
Neeraj.
Click to expand...


hi neeraj,

if you have any issue please open a new thread rather than thread jacking. we all want to know resolutions to our issues, but if you mix up with yours to mine then it wont resolve anyones as experienced people would get confused.
 
sid140 said:
how much time it takes for a decision on my appeal.
Click to expand...

No good prediction for that one, I can give you general trend though:
If your appeal gets decided within the service center, then it could take anywhere from 2 months to 6 months.
If it gets transfered to the AAO, then anywhere from 1 yr to 2 yrs.

Check current processing times for AAO on immigration.com.
 
Hi EricS. I sent you a PM. Could you please reply.

Hi EricS. I sent you a PM. Could you please check it and reply. thanks
 
hi ericS and other experts



I am sure you are following my case, and you been replying actively to my queries.

I have few questions again

my case

3 year bachelors of commerce degree + 1 year pgdca. EB3 I140 got denied without RFE on 3 counts
1) A2P
2) education
3) experience letters not in format. (sent them as per the format provided by the attorney along with the brief now)

. Filed an appeal on 23rd march and sent he brief on 21st of this month.

yesterday spoke to my attorney and he told me about this case
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=2420

"In an unpublished decision dated June 14, 2007, the AAO reversed an I-140 denied by the Nebraska Service Center where the labor certification required 4 years of college, a bachelor’s degree in business or related field, “U.S. or foreign equivalent,” and 5 years of experience. The beneficiary had four years of college level education in Canada from three different schools, culminating in a Diploma of Technology. Despite inconsistent credential evaluations in the file, the AAO reversed the NSC decision and approved the case in the skilled worker category, finding that the phrase, “U.S. or foreign equivalent,” taken together with the recruitment posting and advertisements all containing the wording “Bachelor’s Degree in Business or related field or equivalent,” and not foreign equivalent degree, was sufficient to define an alternative requirement to a single source bachelor’s degree. A redacted copy of the AAO decision is provided here. Attorneys should note that the best practice is to include a specific definition of what is meant by “or equivalent” on the labor certification as advised by the NSC Liaison Committee in prior postings. This may not be possible for old cases that are now being certified by DOL; in this situation, the new AAO decision may be useful if (1) the labor certification specifies “bachelor’s or equivalent,” (2) does not define what is meant by “or equivalent,” AND (3) there is documentation that the recruitment that was done for the labor certification included the “or equivalent” wording. While unpublished AAO decisions are not binding and this set of facts may not be common, it may still be worthwhile for attorneys to note that this decision may be persuasive for cases that fit this particular fact pattern."

I guess my attorney pointed out this to USCIS yesterday or day before as soon as he read this. I just wanted to know do you see any chances that they will NSC would reopen the case themselves without AAO. And any chances of approval. appreciate your expert opinion.

thanks
Sid
 
sid140 said:
............

3 year bachelors of commerce degree + 1 year pgdca. EB3 I140 got denied without RFE on 3 counts
1) A2P
2) education
3) experience letters not in format. (sent them as per the format provided by the attorney along with the brief now)

. Filed an appeal on 23rd march and sent he brief on 21st of this month.

........................
Click to expand...

In general, NSC is very picky on the education issue. They try not to approve the cases where US equivalent is being achieved by combination of degrees. As your LC mentions the "equivalent" and "combination" words, there are chances that it may get approved at AAO.

Regarding your Attorney informing the service center about the AAO decision, there are chances that his letter may not reach your file. Even if it reaches, the decision is in the hands of the same officer that denied it. So there are chances of approval at the service center, but I am not too hopeful about that. Your case does stand a chance in AAO.

I hope you have provided good documentation to overcome the rest of the reasons for denial.
 
ya provided them with

1) required documentation for a2p issue.
2) gave them the new experience letters i got from my previous employers in the format asked by my lawyer
3) already gave them the education evaluation by trustforte
 
Hi Eric
here are the details of my labor petition


8) is there an alternative combination of eductaion and experience acceptable? NO
8a) nothing specified
9) Is foriegn educational equivalent acceptable? YES
10) Is experience in alternative occupation acceptable? YES experience 24 months
10B) system analyst or programmer analyst
11) Analyze, design, develop, implement, test and support computer software utilizing J2EE technologies, JAVA Oracle, and MySQL.
12)are job oppurtunity requirement normal for the occupation? YES
13) foriegn language required for the job duties? NO
14) specific skills or other requirements?
Will accept any suitable combination of education, training and experience.

these are the options used in the petition ETA 9089
 
Last edited by a moderator:
hi eric,

the new update is my case moved to AAO. I hope they wont reject it as you predicted.

Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.

On July 3, 2007, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
 
Oh, they do not want to change their decision.....
As your case is EB3, there is a long wait ahead.
http://www.immigration.com/processing-times/aao.html

I will suggest that you also look at some alternatives, like asking your employer if they have another position open with similar requirements. If so, then they can file a PERM labor for that position for you. You will not be able to retain your PD, but atleast you will have a backup in case this 140 does not get approved at AAO.

Best of luck!
 
ya requested my prospective employer to start another process. So does this mean that I can lose hopes on this case since it is in AAO.
 
sid140 said:
ya requested my prospective employer to start another process. So does this mean that I can lose hopes on this case since it is in AAO.
Click to expand...

I am not saying there is no chance of approval, but I do not want you to get your hopes high. There is a chance of approval, but it will take more than a year to get the decision. If that decision is not in favour, then you must have a backup plan to get your GC, so why not start that process now.
 
Eric,

Eric is there any way to contact AAO my application is pending there from oct 2005. I would appreciate if you can help me on this.

Thanks in advance
 
hi eric, on 3rd they sent to AAO, and there is an lud on 4th(i dont know who is working on this day) and lud on 5th as well. whats happening, any idea
 
sid140,
My I140 was denied without RFE. Its EB3/ NSC. My lawyer applied for motion and appeal. It got transferred to AAO on June 30. I have two LUDs on July 2nd and 3rd with same status message as yours.
 
I have 3 year Bsc in chemistry + 1 year PGDC .whereas labor requirement has 4-year bachelors in comp science. Denied on 3 year degree not equivalent to US 4 year deg. My lawyer submitted a brief to consider it as a skilled EB3 category.
 
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