I-140 Denied - Appeal and Priority Date Portability Posssibility based on Provisional Degree policy update


Swati2017

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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 a
case-specific analysis to determine whether, at the time a provisional
certificate is issued, a beneficiary has completed all substantive
requirements to earn the degree and whether the university or college
has approved the degree. If the provisional certificate does so
demonstrate, USCIS will consider the date of the provisional
certificate for purposes of calculating post-baccalaureate
experience."

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.

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  • 2 months later...
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.

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