Swati2017 Posted May 23, 2017 Report Share Posted May 23, 2017 My EB2 140 was denied in April 2016 because the USCIS didn't accept evidence that I had completed the requirements of the degree for the purpose of calculating post-baccalaureate experience. The degree issue date (2007) was after 2 years of actual degree completion (2005). Though provisional certificate had actual degree completion date but was not accepted by USCIS even after the appeal and a letter from University confirming that I have obtained the degree as of the date of the provisional certificate. My same employer filed a new case under EB3 category and I have approved I-140 now. My question is based on the update in Policy Memoranda section of the USCIS website: Matter of O-A-, Inc., Adopted Decision 2017-03 PM-602-0144 ""Matter of O-A-, Inc. clarifies that USCIS must conduct acase-specific analysis to determine whether, at the time a provisionalcertificate is issued, a beneficiary has completed all substantiverequirements to earn the degree and whether the university or collegehas approved the degree. If the provisional certificate does sodemonstrate, USCIS will consider the date of the provisionalcertificate for purposes of calculating post-baccalaureateexperience." https://www.uscis.gov/sites/default/files/files/nativedocuments/2017-4-17_PM-602-0144_Matter_of_O-A-Inc-_AAO_Adopted_Decision_2017-03.pdf Is there a possibility for me to appeal the denied EB2 140 case again or atleast port the priority date for the latest EB3 case? Please advise. Link to comment
hibujji Posted August 17, 2017 Report Share Posted August 17, 2017 Involve Murthy law firm, they are very good . One of my friend had same issue, he contacted Murthy firm and the issue is resolved. Thanks Sai Link to comment
JoeF Posted August 17, 2017 Report Share Posted August 17, 2017 2 hours ago, hibujji said: Involve Murthy law firm, they are very good . One of my friend had same issue, he contacted Murthy firm and the issue is resolved. Thanks Sai The employer would have to do that, since the I-140 is the employer's application. Link to comment
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