Using old I-140

M

modem

New Member
Hi,
My company filed an I-140 for an former employee and he left the company.Can I make use of this I-140 my submitting any amendments.

The educational req in I140 is

Edu req : BS
Major Field : Computer Science, Electrical Engineering or related field.

Mine is BS in Civil Engineering + Diploma in Computer Applications..

Can I use the above I-140 ?

Thanks,
Sekhar.
 
Originally posted by modem
Hi,
My company filed an I-140 for an former employee and he left the company.Can I make use of this I-140 my submitting any amendments.

The educational req in I140 is

Edu req : BS
Major Field : Computer Science, Electrical Engineering or related field.

Mine is BS in Civil Engineering + Diploma in Computer Applications..

Can I use the above I-140 ?

Thanks,
Sekhar.
Click to expand...

You cannot use the (approved) I-140. You can however use the Labor Certification to file for a new I-140. I don't think you can amend a pending I-140 application to change the beneficiary.

Also the Educational requirement does not seem to match yours, unless you can prove that the educational qualification you have are equivalent to the requirement.
 
U can do it but ur company needs to withdraw approved I-140 first and apply I-140 and i-485 for u but in this case ur education doesn't match with labor.

Edu req : BS
Major Field : Computer Science, Electrical Engineering or related field ( Related field means physics, maths etc....)
 
Hi Modem,

You cannot use the approved I-140, but you can use the approved labor.

Regarding education not being an exact match. Look at the thread below. This gentleman had a mechanical eng degree when the required degree was CS or related. So not sure how INS evaluates "related". I would say, get an evaluation report and say it is a related degree based on your core engineering courses. It could work.

http://boards.immigrationportal.com/showthread.php?s=&postid=424038#post424038

obsoza.
 
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