I-140 Denial, Appeal process in progress


saral.gupta@gmail.com

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Dear Murthy Attorney and other members,

 

Recently my I-140 was denied due to the following -

 

Immigration denied your I-140 because of the date your degree was conferred (December 2012). They are arguing that because of the date the degree was conferred, you could not have gained post-baccalaureate experience before October 2012.

 

I passed my Engineering and secured B.E Computer Science Degree in 2005. In my Degree Certificate it has been mentioned that “having passed its examination in July-2005 in First Class with Distinction the degree of Bachelor of Engineering has been conferred on him at Pune, on the 28th day of the month of December 2012”. My degree was cleared in 2005, but since I was never able to attend my convocation, I was never able to physically pick it up from college.  They did issue me a Provisional Degree Certificate in 2005. They give the Provisional Degree certificate to people if they are not able to attend the Convocation.

 

Thus when the need came for the Green Card, I had to ask my college for the actual degree certificate.  Per the college policies they issue the degree certificate based on the last convocation that happened. The last convocation was held in dec 2012, thus that date being mentioned.

 

My attorneys are going to appeal this decision and are currently looking into relevant case law, as well as contacting an AILA liaison.

 

What do you think are my chances of getting I-140 approved. 

What are my options if it is rejected after the appeal?

What documents should I provide that will strengthen my appeal?

 

Please help with your inputs.

 

 

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