I-140 denied

[sudheergr]

I got 10years of exp as software engineer. But got Bsc(3yrs) in maths, physics and chemistry from India. My I-140 got rejected based on the following reason by USCIS

"The petitioner required that, at a minimum, a prospective employee would have a

U.S. Bachelor's degree(or a foreign equivalent to a U.S. Bachelor's degree) in Electrical or Electronics Engineering, Communications Engineering, Mathematics, or Computer Science. As the evidence clearly demonstrates, the beneficiary does not have the foreign educational equivalent to a U.S Bachelor's degree. Thus regardless of the classification sought, the beneficiary does not meet the labor certification requirements."

My employer is going to restart the GC process by going for new labor certification stating that this job requires "U.S. bachelor's degree or foreign equivalent education or equivalent experience. Is this the right job description to get the approval or not?

Thanks.

Sudheer.

[JoeF]

In that case, it would fall into the "EB3-Other Workers" category, which is even harder to get, because there is no degree requirement.

Both you and your employer should discuss this situation with a good immigration lawyer.

[aryanbayarea]

I got 10years of exp as software engineer. But got Bsc(3yrs) in maths, physics and chemistry from India. My I-140 got rejected based on the following reason by USCIS

"The petitioner required that, at a minimum, a prospective employee would have a

U.S. Bachelor's degree(or a foreign equivalent to a U.S. Bachelor's degree) in Electrical or Electronics Engineering, Communications Engineering, Mathematics, or Computer Science. As the evidence clearly demonstrates, the beneficiary does not have the foreign educational equivalent to a U.S Bachelor's degree. Thus regardless of the classification sought, the beneficiary does not meet the labor certification requirements."

My employer is going to restart the GC process by going for new labor certification stating that this job requires "U.S. bachelor's degree or foreign equivalent education or equivalent experience. Is this the right job description to get the approval or not?

Thanks.

Sudheer.

Please check if you can use the 10 yrs experience for education. I believe you can show 2 or 3 yrs experience as 1 year of education. Please have the Bsc and your experience evaluated by someone. You just have to show that you are BS plus 5 yrs experience for EB2, else EB3 will be better option for you. The evaluator will see if your Bsc and 10 yrs experience is equal to BS plus 5 yrs according to US standards.

[JoeF]

Please check if you can use the 10 yrs experience for education. I believe you can show 2 or 3 yrs experience as 1 year of education.

Not for a GC. For an H1, 3 years of relevant work experience can replace 1 year of missing education. But that doesn't apply to a GC.

[sudheergr]

Thanks a lot for the information. Did any one gone through similar case?

We are planning to appeal I-140 denial to apply for 7th year H1 extension.

Any one know will USCIS approve 7th year H1 extension based on I-140 pending appeal?

What would be the right thing to say in I-140 appeal to increase the chance of approval?

[inviteyour]

Hi Sudheer,

My friend had similar situation and got denial letter even after submitting re-evaluation of his work experience. He had only 3 year Indian degree like you. You cannot replace 3 years of work experience for GC process. I would suggest the following:

1. Appeal for I-140 denial. It takes forever (1-2 years) and get H1 extension. That should work.I think you can even file I-485 if visa date is current and get EAD (you need to spend some money on this). The chances of getting approval is less than 10% only. So follow step#2.

2. Apply for another labor under EB3 category and proceed in parallel for safer side. You can retain priority date of previous labor.

Hope this helps.

Regards,

Raj

[sudheergr]

Hello Raj,

Thanks a lot for your reply.

Applied for I140 appeal.

what would be the correct job description for new EB3 application based on 3yr indian degree and experiance?

Regards,

Sudheer.

[sudheergr]

Hello All,

H1 7th year extension based on I-140 appeal is approved. I just want to share this to give confidence to those who are in the same situation.

Good luck.

Regards,

Sudheer.

[chtummala]

what about priority date will it holds with you .. even u r 140 denied

[JoeF]

what about priority date will it holds with you .. even u r 140 denied

The PD can only be reused if there is an approved I-140.