I-140 Denied Twice(help please)

[rajvt]

Hi All,

Below is my case, please help with your valuable suggestions.

Have 3year degree in Bachelor of Commerce and Master of Business Administration(Specialized in systems).

My PERM was applied in Nov-2010 under EB3 category and got approved.

Following are the information from the ETA9080 form -

H. Job Opportunity Information -

4.Education Minimum level requirement - Bachelors

4-B.Major field of study - Electronics Engg.

7.Is there an alternate field of study that is acceptable? - Yes

7-A. MIS, CIS or related.

14.Any suitable education acceptable.

I-140 applied and got NOID asking for single source 4year degree.

My attorney replied to the NOID stating that based on the information under "14.Any suitable degree acceptable"

grant the approval under skilled worker.However USCIS denied the I-140.

The denial has been appealed for Motion to reopen with 3 evaluation done for my education to prove my Masters degree (specialized in systems) equivalent to MIS.The MTR got approved and the I-140 was denied.(USCIS rejects the assessment of all the three evaluation)

My H1B got maxed out and 1 year extension has been applied with the above appeal.(which was denied now)

The H1B extension applied is still pending with USCIS and my attorney is preparing for an appeal to AAO.

How can I get my H1B 1 year extension.If USCIS picks my H1 extension application before we appeal the recent denial will the H1 extension be denied?Or will get an RFE.

What could be done to get the 1 year H1b extension.

Thank you.

[IneedAllGreen]

Rajvt,

If your attorney appeal at AAO office for your EB3 case then it will take 3 years before AAO will come up with decision. So relax you will have your H1B approve for 1 year period without any problem. I amwritting this info based on my experience.

[rajvt]

Hi IneedAllGreen,

Thank you very much for sharing your experience.

Hope my H1b extension application which is pending now should not be picked up in the mean time my attorney sends the appeal documents to AAO.

Thank you