140 Denied - Masters in Management

[july140]

My 140 was denied for qualifications mentioned in the labor is not met.

Labor states minimum education required is US Bach of Computer Sc, or tech related field required.

I do have 3 years Bach of Computer Science from india and over 10 years of experience plus US Masters Degree in Management.

USCIS has denied my 140 stating Indian 3 year Bac degree is not same as US degree and secondly the Master degree is other than tech related field.

I feel this is a done deal case since the lawyer never mentioned that the alternative field of study is accepted like business or management.

What are my other options? I feel it waste of time to file an MTR. If I were to file a new labor what is the important thig I should consider.

I have 3 years Computer Science degree from India and Masters in Management from US. How can proceed with EB2? Do USCIS accept MS in Management degree for someone who is working on IT field?

[schintala]

You can refile or appeal the USCIS decision. In both the cases, it could be same result. If you are within 6 years of H1 limit, you can appeal just to buy the time for H1 extentions and start a new PERM. Make sure job requirements matches to your educational qualifications. You will be qualified under EB2 as you got US master's degree.

[july140]

You can refile or appeal the USCIS decision. In both the cases, it could be same result. If you are within 6 years of H1 limit, you can appeal just to buy the time for H1 extentions and start a new PERM. Make sure job requirements matches to your educational qualifications. You will be qualified under EB2 as you got US master's degree.

Thanks schintala

I am on my 11th year H1B. anyways my EB3 140 was approved and have pending I-1485, so tring to port from Eb3 to EB4. I will have to file new labor as I don't have any hope on MTR.