View Full Version : Can I file new I-140 app for already denied one?
IneedAllGreen
10-04-2010, 02:45 PM
I would like to know if I can fine new I-140 application for same (EB2) category for already denied application on same labor. The denied I-140 application has gone to appeal process at AAO. Please advise if anyone has done this in past.
IneedAllGreen
10-04-2010, 03:47 PM
^^^^^^^
enggr
10-13-2010, 11:37 AM
I had a similar situation 2.5 years ago. my eb2 I-140 was denied and we were planning to file an EB3 I-140 based on the same labor cert. At that time my attorney said if we file an MTR/appeal for the denied EB2 i-140 we cannot file the new I-140 u nder EB3.
I guess it might be same to you with the only difference the second petition is still EB2. WHAT more evidence do you have while filing the 2nd I-140. more info needed.
IneedAllGreen
10-20-2010, 10:28 PM
I am preparing to get letter from both my Univ and college to show that I got admission into Engineering program based on advance standing. I will get new transcript which will show information on lateral entry into engineering program based on earlier education in Diploma in Engineering. I am planning to get new education evaluation certificate using above described documents. Based on all these document I would like to file I-140 again in EB2 category. There are several cases like mine had successfully approved their cases for I-140 based on Univ/College letter along with excellent education equivalent certificate.
I think my attorney fail to understand how to present my case since its Diploma to Engineering and Engineering in India is a 4 years of course. This time I would like to make my case strong with proper documents and correct wording. Despite of 2 RFE my attorney never able to get the point where he understood my education. At one point of time I explained them everything but I think my attorney never understood it.
So this is the reason I would like to re-file my I-140 with EB2 cause I think mine is genuine case to have 4 years of degree to show equivalent to USA B.S. degree.
I had a similar situation 2.5 years ago. my eb2 I-140 was denied and we were planning to file an EB3 I-140 based on the same labor cert. At that time my attorney said if we file an MTR/appeal for the denied EB2 i-140 we cannot file the new I-140 u nder EB3.
I guess it might be same to you with the only difference the second petition is still EB2. WHAT more evidence do you have while filing the 2nd I-140. more info needed.
enggr
10-20-2010, 11:25 PM
Nice. I wish you all the best for your efforts and win the case very soon. Please let us know the result of the filing and share your happiness.
I am preparing to get letter from both my Univ and college to show that I got admission into Engineering program based on advance standing. I will get new transcript which will show information on lateral entry into engineering program based on earlier education in Diploma in Engineering. I am planning to get new education evaluation certificate using above described documents. Based on all these document I would like to file I-140 again in EB2 category. There are several cases like mine had successfully approved their cases for I-140 based on Univ/College letter along with excellent education equivalent certificate.
I think my attorney fail to understand how to present my case since its Diploma to Engineering and Engineering in India is a 4 years of course. This time I would like to make my case strong with proper documents and correct wording. Despite of 2 RFE my attorney never able to get the point where he understood my education. At one point of time I explained them everything but I think my attorney never understood it.
So this is the reason I would like to re-file my I-140 with EB2 cause I think mine is genuine case to have 4 years of degree to show equivalent to USA B.S. degree.
vBulletin® v3.7.4, Copyright ©2000-2013, Jelsoft Enterprises Ltd.