I-140 denied, EB3, 3yr Degree

Manohar2

By Manohar2,
in I-140

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  • 10 months later...
amitseth79 Newbie

amitseth79

Posted
Posted

Anyone got info on how long will it take to get a response from USCIS (which says initial review frm the past 90days) for i-140 refiling after initail denial. 3year +2 years master + 2 years Diploma from Aptech EB2 filing

 

 

Our i-140 refiled under EB2. USCIS recieved it on Dec 24......We are still waiting

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  • 1 year later...
Sheks Newbie

Sheks

Posted
Posted

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

 

what are the clause for PERM approval with BSC degree ?

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