I-140 Denied - EB3 - Magic Language - Please help.

[pbabu]

My EB3 - I-140 Denied without an RFE. Reason was magic language used in PERM. "Any suitable combination of education, experience and training are acceptable".

I have see rejections in EB2 due to this. But never in EB3.

Did anyone come acros this kind of situation? My I-140 is applied in EB-3 - Professional.

Do anyone think its worth to re-open this case?

[veni001]

It is best to start all over again!

[Maxine]

What was your educational qualification?

[pbabu]

I have a 3-yr Diploma from State Board of technical Education and 3-Yr engineering. Educational evaluation says equivalent to 4- yr degree.

Did anyone used this magic language on EB-3(Professional) I-140? Is this allowed?

Please help.

Originally posted by Maxine:

What was your educational qualification?

[IneedAllGreen]

Most of us can help you once we know the reason of Denial. I have education just like you(Diploma plus 3 years of engineering) and I got my EB3 category I-140 cleared without any RFE(through premium processing)from NSC. So just relax and find out what was the reason for your I-140 denial.

Once you know the reason you can always go for MTR(Motion to reopen or reconsider) before appeal to AAO( If you do not know what is this then please go through Murthy or other forum then you will have fair idea about it).

Good Luck

INeedAllGreen

[pbabu]

As I mentioned in my original posting, the reason for denial is usage of magic language in my PERM for EB-3.

"Any suitable combination of education, experience and training are acceptable".

Originally posted by IneedAllGreen:

Most of us can help you once we know the reason of Denial. I have education just like you(Diploma plus 3 years of engineering) and I got my EB3 category I-140 cleared without any RFE(through premium processing)from NSC. So just relax and find out what was the reason for your I-140 denial.

Once you know the reason you can always go for MTR(Motion to reopen or reconsider) before appeal to AAO( If you do not know what is this then please go through Murthy or other forum then you will have fair idea about it).

Good Luck

INeedAllGreen

[itsforLCA]

Originally posted by pbabu:

I have a 3-yr Diploma from State Board of technical Education and 3-Yr engineering. Educational evaluation says equivalent to 4- yr degree.

Did anyone used this magic language on EB-3(Professional) I-140? Is this allowed?

Please help.

Originally posted by Maxine:

What was your educational qualification?

Why didn't you go for EB2?

[Attorney_9]

Generally the Kellog language that you refer to should not prevent a finding of EB2 so long as the manner of including of the language on the ETA 9089 form does not create a conflict. The standard for including this language is to place it in Section H-14. Some employer's have mistakenly included this language in H-8 as an alternate combination of education and experience for the position, which does create a potential conflict for EB2 classification.

You and your employer should consult with a competent immigration attorney who has the opportunity to review the ETA 9089 form and your educational docuemntation in order to develop a strategy for moving forward with your case.

[pbabu]

Thanks for the reply Attorney 9.

My I-140 is applied in EB-3 not EB-2. Did you ever come across this situation, EB-3 I-140 denied due to Kellog language?

My PERM is applied in 6th yr of my H1 and only have 4 months left and not sure if have to re-open this case or file a new I-140.

My job requirement says B.S + 5 yrs of experience but my employer refused to put word "progressive" in the requirement to qualify for EB-2. You know its one of those employers.

Any input is greatly appreciated.

Originally posted by Murthy Law Firm Attorney 9:

Generally the Kellog language that you refer to should not prevent a finding of EB2 so long as the manner of including of the language on the ETA 9089 form does not create a conflict. The standard for including this language is to place it in Section H-14. Some employer's have mistakenly included this language in H-8 as an alternate combination of education and experience for the position, which does create a potential conflict for EB2 classification.

You and your employer should consult with a competent immigration attorney who has the opportunity to review the ETA 9089 form and your educational docuemntation in order to develop a strategy for moving forward with your case.

[loyola1234]

I am in a similar situation.I 140 denied because of magic language without rfe.3 year degree with 1 yr course work.H14 says "In lieu of 4 yr degree, employer will accept 3 year degree with 1 yr course work"

Please let me know what happened with your case.

[kamalbalwani2]

Hi Pbabu,

I am same boat.. my I140 got denies for same reason. can you please tell me what you did. Thanks in advance,

[Gc4me2012]

Can anyone please share what was the outcome of these 140 denials? Was it in error? I have been told by my lawyer that my I140 may be denied due to this language in Perm posting and I am trying to find out how to proceed. Appreciate the help.