My I-140 Denied.. Can i appeal ?


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I have,M.Sc(2Yrs) degree from India. In India I have worked 3.5 years. In US company i am working more than 2 years.

My Employer have applied my GC in EB2. first raised RFE for education evaluation. after that my attorney submitted the same, but mine got denied.because of the following reason.

1. USCIS did not consider that BS degree equals a BS from the United States (in spite of evaluation)

2. USCIS did not consider that BS degree and MS degree combined, equals a MS from the United States (in spite of evaluation)

My attorney saying appeal won't work out. my employer also told me hereafter your risk, if you want you can do it.

Please advice me what to do.. any additional info need, also let me know. please clarify my issue.

Thanks in Advance


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Actually your BSC +MSC can be shown as US equivalent to B.S. degree. AAO/USCIS will accept that but your biggest issue will be counting number of years of experience. You must have shown experience from Indian company i.e. 3.5 years to USCIS and combining BS + 3.5 will not be sufficient to qualify for EB2. The only condition based on which you can qualify is to apply GC from another company and show experience from current company plus experience from Indian company. The other way is to apply GC with new job title/position from current company and count your current company’s job experience plus Indian company’s job experience(You might want to verify with your lawyer about this option).

I have gone through several AAO decision on I-140 appeal process and can tell you that both # 1 and # 2 reasons from your posting will not acceptable for AAO. Appeal process will give you enough breathing time in order to extend your H1B or apply another labor and I-140(you can try applying that in EB3).

Please consult your lawyer to verify any of my above information.

Good luck with your Green Card process.



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  • 2 weeks later...

I am in same boat, I got RFE but they havent replied to it yet. I have send my evaluation

I have 4 years Engineering and 2 years MBA from Pune University. Some say MBA from India is not treated as Masters in US. But I have 4+2. Please advice chance of clearing RFE

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