Denied I-140

[rajivkumarverma]

Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3

What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise

[leo2606]

Is your degree 3 years, 4 years or AMIE?


Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3

What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise

[rajivkumarverma]

No I did MS in computer Science from here only

[leo2606]

Yes but where did you do your Bachelors and in what?
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).



No I did MS in computer Science from here only

[rajivkumarverma]

From India
in Chemical Technology 4 Yeards B.Tech degree
HBTI Kanpur UP

[seeniraj]

Whats the reason for the denial ?

[talash]

Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .

[talash]

Again always track ur al aplications and DONT depend on lawyer .

[gcformeornot]

was some issues with employer like A2P or something....

[rajivkumarverma]

Again always track ur al aplications and DONT depend on lawyer .

Yes you are right From next time I will do that

[rajivkumarverma]

Whats the reason for the denial ?

My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied

I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates

[rajivkumarverma]

Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .
Hi Talash
If I file my new labor and I-140 will I lose my old priority dates

[ashneels2001]

Rajiv,

Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

Good Luck

Ashish!

[talash]

As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
good luck

[talash]

I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .

[rajivkumarverma]

Rajiv,

Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

Good Luck

Ashish!

Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months

[ashneels2001]

check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3

[talash]

http://www.uscis.gov/files/form/I-290Binstr.pdf
Read where to file .It clearly says 30 to 33 dys

[indyanguy]

My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied

I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates

How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

Anyone care to throw some light on this?