My I-140 Denied.. Can i appeal ?

[vn1295]

I have B.sc(3yrs),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

Nataraj

[pontevecchio]

Get a second opinion.

[Joe.F]

They usually deny EB2 cases with a 3-year bachelor degree.

[chraju]

I also got denied for same reason BSC + MCM and I applied a Appeal 3years back still no update.

better go with EB3 if you have enough time, I also applied in EB3 and got 140 approved.

best of luck..

Originally posted by pontevecchio:

Get a second opinion.

[vn1295]

My friend also have same 3+2 degree. also one year lesser experience than me. but his got approved.

I have enough time for EB3 that is not a problem. but it will take at least decade for GC.. So any other opinion please

[chakrakr]

Check this -- http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7651047741&r=2351039351#2351039351

the 3 yr Bachelors + 2 year Masters is not considered equivalent of US Masters. You need to apply in EB 3.

A 3 year Bachelors follwed by a 3 year Masters is generally considered equivalent to US Masters and good for EB2

[IneedAllGreen]

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.

Thanks

INeedAllGreen

[vn1295]

In case, if i go with EB3, can i use the old approved labor or I need to apply the labor again ?

[IneedAllGreen]

Yes you can use same labor for applying I-140 in EB3 category. Once you have applied for for the first time I-140 after you PERM was approved then there is not 180 days of binding. Meaning you can apply for I-140 in EB3 for same labor at any time while your I-140 in EB2 is in appeal process.

Thanks

INeedAllGreen

[vn1295]

if in case I am not going to appeal EB2, then can i use the approved labor for EB3.

[manojp74]

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 is not treated as

[manojp74]

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