I-140 denied, EB3, 3yr Degree

[Manohar2]

Nebraska Service Center , I-140, EB3 denied on Education qualification as 3 yr Bsc degree is not equivalent of US Bachelors degree. Only 1 year left to complete 6 yrs on H1 and the approved H1 validity is only for another 6 months. I have following questions.

1. Appealing the denial decision can be made in premium processing ? It took 6 months for them to decide on I-140.

2. Can they (employer) refile PERM (first) and then I-140 in parallel mentioning US Bachelor equivalent degree is not needed for my IT Analyst work?

3. My H1B can be extended for another 6 months while my I-140 denial is in appeal and while filing a separate PERM/I-140?

I have 10 years of experience in IT and is almost 2+ years with my present employer (consulting firm).

Thanks in advance.

[on_h1b_since_1998]

I have exactly gone thru the same situation back in 2008. My 140 was denied due to 3yrs. bachelors degree but the issue was that my attorney did not file the labor correctly. They did not even use the word equivalent anywhere so it was a straight forward doomed case. I was already past my 6yrs. H1B quota but till date I was able to extend my H1B(latest was Apr. 2011) based on pending appeal with AAO. The bottom line is that as long as you appeal this case and its in pending status you can keep extending your H1B.

1. I don't think there is any option to file an appeal in premium processing. The latest I know is AAO cases for EB3 are taking somewhere bet. 34-36 months. I filed for appeal back in 2008 and withdrew that in Aug. of this year. It was pending throughout.

2. To my understanding a PERM cannot be re-filed with new updates(please confirm with attorney as I am not sure).

3. Yes as long as your case is pending appeal you can keep extending your H1B. I had my 14th yr. H1B extension this year(luckily I got my GC recently so no 15th yr. for me). If you are filing a new PERM labor please do review it and make sure that the wordings are framed correctly to take care of 3yrs. degree.

Best Luck

[Attorney_15]

If a Labor Certification states that a degree or the foreign equivalent is required and one does not have a US or foreign 4 year bachelor's degree, such a case would be extremely unlikely to work. An individual in such a situation typically requires a new Labor Certification. It would be very important in such a situation to consult directly with an attorney for specific legal advice.

[Manohar2]

My i-140 is refiled in EB3 "skilled workers" catagory and is in regular processing time. Previously they tried i-140 in EB3 professional catagory and it was rejected. Employer is saying they cannot file premium since this is refiling of i-140. ANy idea guys?

[Hope77]

Manohar2 any updates on your case with i-140 is refiled in EB3 "skilled workers" catagory ?.

[inviteyour]

Manohar,

You cannot refile in PP since your original labor certificate is already used for your previous I-140. You must request USCIS to obtain another copy from DOL in order to process refiled I-140 application in regular process. Hope this helps you.

Thanks

Raj

[california_it]

I have a 3 year degree followed by 2 years MBA from India. My EB3 also got denied under the reason that i don't have a bachelors equivalent. I was under the impression that a 3 year degree + 2 year masters will be considered equivalent to a bachelor degree.

Does anyone have any suggestions? Can i refile my I140 under skilled worker category?

[IneedAllGreen]

California_it,

According to EDGE database maintain by AACRO if you have 3 + 2 degree from India is equivalent to 4 years BS in USA. You should have labor cert. mentioning about Foreign Equivalent degree is OK. I am surprise to see your rejection from USCIS. Get your Education evaluation done by AACRO and refile instead of Appeal to AAO. Hope this help.

INEEDALLGREEN

[california_it]

indeedallgreen,

Thank you.

on my perm 9089, column 14 says:

Any suitable combination of education, training, or experience is

acceptable. Applicants can met the bachelor's degree requirement based

on a combination of degrees or a combination of education and experience

as determined by an education evaluator.

column 9 says: foreign education equivalent acceptable: yes

EB3 was filed under profession category

I am really puzzled why USCIS has denied the I140.

[mymailbox]

California_it,

According to EDGE database maintain by AACRO if you have 3 + 2 degree from India is equivalent to 4 years BS in USA. You should have labor cert. mentioning about Foreign Equivalent degree is OK. I am surprise to see your rejection from USCIS. Get your Education evaluation done by AACRO and refile instead of Appeal to AAO. Hope this help.

INEEDALLGREEN

1) Can we refile I-140 after the denial ? My I-140 got a denial in Sept 2011 (Mine was I-140 NOT premium one , regular process) ,Got denail bcoz not submitted the right document in right place and time. we submitted the I-290B Notice of appeal Or Motion and now got a letter one Dec 2011 that they sent this case to Administrative Appeals office for review . my attorney said only we can Appeal to AAO.!!!

2) I would like to add some more supporting document to this case , how I can do that , is there any way I can send them some documents to prove my stands ; is there any contact address or number I can or my employer/attorney can send them all these document or create service request..please help ..

3) What should I do now...What is the success rate if case moved to AAO? now going to start an EB3 with same employer and planning to do an PORTING to EB2 with different employer later...

please advise..Thanks

[GC_in_2006]

Appeal takes 2+ years and success rate is < 5%. Would suggest you to withdraw your appeal or application, and refile with new evaluation. all the best

[GC_in_2006]

I really suprised that your petition was denied. Do an MTR and see if they approve it. Don't appeal the case (AAO) and it takes forever (unless you need to buy time for H1b extension). As some one suggested, get evaluation from aacrao and refile it. -- all the best

indeedallgreen,

Thank you.

on my perm 9089, column 14 says:

Any suitable combination of education, training, or experience is

acceptable. Applicants can met the bachelor's degree requirement based

on a combination of degrees or a combination of education and experience

as determined by an education evaluator.

column 9 says: foreign education equivalent acceptable: yes

EB3 was filed under profession category

I am really puzzled why USCIS has denied the I140.

[IneedAllGreen]

@mymailbox

1) yes you can refile your 140 even after rejection but you can not do refilling and Appeal to same 140 case.

2) yes you can send additional doc directly to AAO after appeal. We did same last year for my appeal case.

3) AAO appeal's success rate is real low now a days. But by appealing to your case you can buy some time to get H1B extension etc.

[raj2512]

@mymailbox

I am confused...

How can we refile I140 if the approved labor is valid for 6 months(180 days). i.e. I140 should be filed within 6 months from the date of approval

[IneedAllGreen]

Yes you can refile 140 if you had filed same for the first time before 6 months of expired Labor Certificate. Your labor will not expire once you have filed your 140 once with USCIS. Off course when you refile USCIS expect or try to find that you had submitted new evidence or document to prove your case. Consult your lawyer if you got more questions. As per what Murthy told me 2 years back that I can refile 140 as many times I want. Hope this clears some doubt

[schintala]

180 Days count only for initial I140 filing.

[VAtiger]

Hi Friends,

I am in the same situation now. My I140 got denied on the basis of educational background. Could anybody please let me know if anyone here got approved from MTR. is it a good idea of going for MTR ? Please Help

[california_it]

I really suprised that your petition was denied.  Do an MTR and see if they approve it. Don't appeal the case (AAO) and it takes forever (unless you need to buy time for H1b extension). As some one suggested, get evaluation from aacrao and refile it. -- all the best

Thank you gc_in_2006.

[california_it]

I really suprised that your petition was denied.  Do an MTR and see if they approve it. Don't appeal the case (AAO) and it takes forever (unless you need to buy time for H1b extension). As some one suggested, get evaluation from aacrao and refile it. -- all the best

gc_in_2006, do you know how much time it usually takes for MTR? Thanks..

[IneedAllGreen]

MTR's response is quicker like 1-2 months but appeal is more than 2 years.

[Manohar2]

Finally my I-140 got approved in EB3 "skilled worked category". Now the next headache is getting H1B extended and for that client letter is needed and the client I work for will not give it. I dont know what to do...may be I need to find another client and get client letter from them. My employer says nowadays they are approving H1's only for 8-12 months time period even if the client letter says 18 or 24 months so that USCIS can charge more money when we file extension every time instead of approving it for 3 years. So much headache to work in this country for legal workers when the illegals are enjoying with out paying anything to govt. Indian IT workers who pay correct taxes and contribute towards SS which we never get back are targeted the most.

[Hope77]

Manohar2,

Can you provide details on when your EB3 Skilled category was filed and when was it approved, was it in Texas?.

[california_it]

Finally my I-140 got approved in EB3 "skilled worked category". Now the next headache is getting H1B extended and for that client letter is needed and the client I work for will not give it. I dont know what to do...may be I need to find another client and get client letter from them. My employer says nowadays they are approving H1's only for 8-12 months time period even if the client letter says 18 or 24 months so that USCIS can charge more money when we file extension every time instead of approving it for 3 years. So much headache to work in this country for legal workers when the illegals are enjoying with out paying anything to govt. Indian IT workers who pay correct taxes and contribute towards SS which we never get back are targeted the most.

Hello Manohar2,How much was the processing time for your I140 after it was refiled using the same PERM labor?

[pontevedra8]

Hii Manohar,

Congrats on your approval under EB3 . im also in the same boat like you following the same re-filing path. I would like to know how long did it take to get response under refiling. Did u file first under EB2 and then EB3. my attorney kept goofing up everytime .can i switch from EB2 and do i refile under EB3 how does that work, will USCIS determine EB3 if they think we r not eligible ?

Can you please throw some light on this.

[pontevecchio]

"nowadays they are approving H1's only for 8-12 months time period even if the client letter says 18 or 24 months so that USCIS can charge more money' Absolute nonsense. " So much headache to work in this country for legal workers" It is not a compulsion. Shining India is shining. " when the illegals are enjoying with out paying anything to govt." You have a choice. Secondly the internal affairs of sovereign countries are not your remit. Why is your wonderful Employer not able to hire a Lawyer to explain why he can hire you in H1 status as per the law of the land. It is his remit. Sticking to ones own has a cost.