EB2-I140 Denied Labour is not consider in EB2

[chraju]

Hi All,

My I 140 denied the reason is- my layer applied labor the qualification required is bachelor degree or combination degrees is allowd.

denial notice saying the job position not requires advance degree so its not come under 2nd preferences.

please let me know any body have faced same situation.

Can I apply appeal/Motion?

Please suggest me.

Thank.

[Joe.F]

If the minimum requirement is a bachelor degree, the case is in EB3. There is nothing you can do about that. The job requirements determine the category.

[prajarajyam]

Hi Chraju,

Can you please post your advertisement, I think, I am in the same boat.

Mine is "BS in any Computer Sci, Engg or rel fld & 5 yrs exp in offered position or position invol similar duties & technlgy".

I have 10+ years experience.

Thanks/Praja

[chraju]

I dont have exact advert. but they post as "COmputer software engineer, applications.

qualification: Bachelor's degree or its equivalent Combination of degree is allowed. and any suitable combination of education, training and experienceis acceptable and will accept Bachelor's degree or its equivalent , including but not limited to 4 year Bachelor's Degree

so I dont why my lawyer did not mention master degree in that?

what was your case?

[prajarajyam]

I dont have an issue,I was just trying to match my JD with your JD.

I think,the problem in your case is there is no 5 years requirement mentioned.

[srikanth2002]

So Prajarajyam, You got EB2

[srikanth2002]

So Prajarajyam, You got EB2 approved. I have EB3 right now and looking to port it to EB2 filing a new petition. I have over 8 plus expierence and I completed my 6 years in US and I have B.tech in ComputerScience

[prajarajyam]

My EB2 porting is not completed. my company is going thru initial steps to file PERM.

[srini6us]

I was following your posts and I am in the similar situation like yours. PERM was filed for me during the end of June 2011. Attorney informed me that BS + 5 years experience without MS on JD qualifies for EB2.

This is very high level statement since there are many other factors considered for qualifying the case for EB2. Keep me posted on your progress. My email id is

[This message was edited by Admin on July 12, 2011 at 01:54 PM.]

[Attorney_15]

Generally, a PERM that appears to have EB2 requirements will be disqualified from EB2 classification if it has any terms on it that indicate less than a 4 year degree is acceptable.

We are the Murthy Law Firm have handled an array of cases that people have brought to us with various kinds of language on the LC. So what is usually a good idea in this kind of situation is to explore options to identify a strategy for moving forward within the law.

[chraju]

Denial notice said:

Part H, item 8-B of the individual labour certification states " Bachelor's degree or its equivalent. Combination of degrees is allowed*". Part H , Item 14 states" Any suitable combination of education, training and experience is acceptable." Part H, item 14 continues on to state, "*Combination of degree is allowed, will accept Bachelors degree or its equivalent, including but not limited to 4 years Bachelor"

AS mentioned above the listed requisites on the ETA Form 9089 state that, at a minimum, something other than afour-year bachelor's degree and five years of progressive experience in the specialty is acceptable.

therefor the job -offer portion of the indvidual labour certification does not require a member of the professions holding advanced degrees or the equivalent" under section 203(b)(2) as the position does not meet the min requirement of a master's degree or bachelor's degree with five years of progressive exp.

Thanks for reading my post. so wht do you think , is it fair enough to deny in eb2?