URGENT HELP NEEDED..I 140 Denied

P

parvardigar

Registered Users (C)
My cousine's I 140 is denied and with our luck they mailed the papers on 5/17/04 but his partner was in China and held all his mails. His partner just came back to office on Friday and we got the rejection letter. But we only have until this coming Wednesday to reply as BCIS only gives 33 days to respond and we lost most of the time waiting for the letter.
The reason for denial is "BS is not in the Computer Science" eventhough labor advertisement never put that requirement. My cousine has Bsc/Msc in Botany from India and has been working in computer industry for last four years. He is MCSE and also has taken lots of other computer courses.

1) Is there any way to get more time from BCIS to appeal?
2) Anybody in the same boat, please share your experience about Education
equivalent.
3) Any help, anybody can give me, will be VERY VERY MUCH appreciated as
I'm running out of time and loosing my sleep over this

Regards,
 
Thanks UnitedNations,
I checked the form but it says "it may be granted ONLY for good cause shown.
I'll check Murthy.com, but you've link about making a change in labor certificate, please let me know. Also, do you know how long it takes to make that change in Labor Certificate?
 
parvardigar said:
My cousine's I 140 is denied and with our luck they mailed the papers on 5/17/04 but his partner was in China and held all his mails. His partner just came back to office on Friday and we got the rejection letter. But we only have until this coming Wednesday to reply as BCIS only gives 33 days to respond and we lost most of the time waiting for the letter.
The reason for denial is "BS is not in the Computer Science" eventhough labor advertisement never put that requirement. My cousine has Bsc/Msc in Botany from India and has been working in computer industry for last four years. He is MCSE and also has taken lots of other computer courses.

1) Is there any way to get more time from BCIS to appeal?
2) Anybody in the same boat, please share your experience about Education
equivalent.
3) Any help, anybody can give me, will be VERY VERY MUCH appreciated as
I'm running out of time and loosing my sleep over this

Regards,
Click to expand...

Firstly, you don't have to lose sleep over this, your "cousin" should!

If he has a degree in Botany, then it does not seem to be even remotely related to Computers. Did his Labor Certification petition ETA-750 specifically state that *any* degree is acceptable? Or that work experience instead of degree is acceptable? If it was not stated explicitly so in the Labor certification USCIS is justified in denying his I-140.
Was it EB2 or EB3?
 
NKM-
It's family so I feel the pain. Moreover, he's in India and can not do anything here remotely. So I'm his only hope and I would definately do everything possible to help him. We had the evaluation done and his initial evaluation did have him "BS in Computer Science and MS in Botany". But BCIS said that his experience can not be counted towards his degree and said he did not posses a BS degree and asked us to evaluate again but only considering his college degree. Now his BSc/Msc is in Botany so the evaluation stated that but also proved that he has more than BS. Now when we sent this with RFE(12/3/2003) they came back and said he does not have a BS in Computer Science. Besides BSc/Msc, my cousine has taken several computer courses and also has MCSE. His labor was approved based on all this. Also Advertisemnet for labor specified BS and background in Scince with MCSE preferred as his company have lots of Pharmaceutical clients which requires Computer Networking help.
It's EB2 approved from Del/Philly.
 
parvardigar said:
NKM-
It's family so I feel the pain. Moreover, he's in India and can not do anything here remotely. So I'm his only hope and I would definately do everything possible to help him. We had the evaluation done and his initial evaluation did have him "BS in Computer Science and MS in Botany". But BCIS said that his experience can not be counted towards his degree and said he did not posses a BS degree and asked us to evaluate again but only considering his college degree. Now his BSc/Msc is in Botany so the evaluation stated that but also proved that he has more than BS. Now when we sent this with RFE(12/3/2003) they came back and said he does not have a BS in Computer Science. Besides BSc/Msc, my cousine has taken several computer courses and also has MCSE. His labor was approved based on all this. Also Advertisemnet for labor specified BS and background in Scince with MCSE preferred as his company have lots of Pharmaceutical clients which requires Computer Networking help.
It's EB2 approved from Del/Philly.
Click to expand...

I understand. What exactly is written in his labor certification? Provide EXACT wording. Approval of LC does not mean that the botany degree is accepted as an equivalent degree. USCIS makes that determination. EB2 makes it even worse.
He should reapply under EB3.
 
on Line 14 in Labor Certificate:

College Degree required: Bachelors
Major Field of Study: Computer Science/Information Technology

Experience: Job Offered: 2 years / Related Occupation: 2 years

Now, Can you change the LC from EB2 to EB3? If we've to file all over again, it'll only take 2 years to get the LC approved.
When his labor was filed, they said his experience can be counted towards BS in Computer Science(which evaluation showed as I had stated) but VSC says otherwise.
 
parvardigar said:
on Line 14 in Labor Certificate:

College Degree required: Bachelors
Major Field of Study: Computer Science/Information Technology

Experience: Job Offered: 2 years / Related Occupation: 2 years

Now, Can you change the LC from EB2 to EB3? If we've to file all over again, it'll only take 2 years to get the LC approved.
When his labor was filed, they said his experience can be counted towards BS in Computer Science(which evaluation showed as I had stated) but VSC says otherwise.
Click to expand...

It does not say that a degree/experience equivalent to computer Sc/information technology is accepted. This is BIG problem.
EB2 or Eb3 determination is made by USCIS, not in Labor certification.
 
Thanks for all the reply,
Once I appeal, Can we've the I-140 file parallaly in EB3 category with again the degree and computer courses re-evaluated with the same labor certificatte?. Is it possible? This way, if appeal takes a long time and gets denied(worst case), then we've still have the hope with the other file. As you can see, I'm desperately looking for some game plan.
 
parvardigar said:
Thanks for all the reply,
Once I appeal, Can we've the I-140 file parallaly in EB3 category with again the degree and computer courses re-evaluated with the same labor certificatte?. Is it possible? This way, if appeal takes a long time and gets denied(worst case), then we've still have the hope with the other file. As you can see, I'm desperately looking for some game plan.
Click to expand...

Worst case you may have to start all over again, beginning at LC. I am not sure if going EB3 route will help since LC does not explicitly say that an equivalent degree or education can be substituted for the requirement. But no harm in trying, go ahead and re-file I-140 under EB3. LC remains valid forever as long as the job offered in LC is available with the exact same job responsibilities and requirements.
 
Thanks,
I'll also mention this to lawyer and see how it goes. I'll also explore the possiblity of amending LC as mentioned by United Nations(My only worry there is that now a days Philly/Del takes for ever to get anything done). Lawyer may have more info. on this.

Regards,
 
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