I-140 & I-485 denied - Currently in AOS - what are my options

[samanan]

Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.

[bec]

what are your educational qualifications?

[eb3retro]

Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.

you can try submitting an education evaluation from licensed evaluators for this purpose. Wait till you get ur letter from USCIS, and contact an attorney for this.

On the bright side for many people here, looks like USCIS is touching application of EB3-I even though they are not able to allocate visa number for them.

[ski_dude12]

Don't be shocked and scared that both I-140 & I-485 have been denied. The I-485 denial is as a result of the I-140 denial. Work with your attorney in filing an MTR and getting the I-140 approved. Also, get an educational evaluation done. There are quite a few threads on this forum related to that.

Good luck.

[samanan]

Thanks for all who responded.
My education qualification is a Bachelors degree of Science (3 years) and Diploma in Computer Science (2 years). Software industry working experience in India is almost 4 years and US experience is since December 2000.
The denial letters are received and going to see the attorney.

Does anybody know can I go back to H1 while I am filing the MTR?

Thanks all.

[reachinus]

First file for MTR and using that you can file for H1 extension. H1 extension cannot be done unless you file for MTR which will be your basis for H1 extension. I suggest that you apply for H1 extension in premium so that you can get the approval fast.

Even if you entered using AP, but if you are still working for the same H1 employer then i am sure you can file for extension.

Hope this helps.

[samanan]

Yes I am with the same employer from the beginning (2000).
Thanks for your advise. Will file MTR and then file for H1.
My H1 is expiring on Dec 6th, so that leave me about another 20+ days.

Getting the evaluation done and then filing MTR - I am looking the earliest could be Friday or Monday (11/17) -(hoping I don't encounter any other hurdle).

Anybody knows how long it will take to get the receipt for MTR?

Thanks.

[javadeveloper]

Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.

If you didn't used 6 years of H1 , your company can apply for H1 again.This is what my company said and I am just passing it to you.

[samanan]

If you didn't used 6 years of H1 , your company can apply for H1 again.This is what my company said and I am just passing it to you.


I had used all the six years... I am in the 8+ year now :(

[gccovet]

Yes I am with the same employer from the beginning (2000).
Thanks for your advise. Will file MTR and then file for H1.
My H1 is expiring on Dec 6th, so that leave me about another 20+ days.

Getting the evaluation done and then filing MTR - I am looking the earliest could be Friday or Monday (11/17) -(hoping I don't encounter any other hurdle).

Anybody knows how long it will take to get the receipt for MTR?

Thanks.

Hi Samanan,
Sorry to hear about your situation. Like some of them have suggested, please go for MTR ASAP, then H1 extension based on MTR.

A quick question, did'nt your lawyer send evaluation document when filing LC and also during H1 extensions?
I wonder, why USCIS did not raise a flag then...

This puts a new twist to GC dream.

GCCovet

[addsf345]

Hi Samanan,
Sorry to hear about your situation. Like some of them have suggested, please go for MTR ASAP, then H1 extension based on MTR.

A quick question, did'nt your lawyer send evaluation document when filing LC and also during H1 extensions?
I wonder, why USCIS did not raise a flag then...

This puts a new twist to GC dream.

GCCovet

Samanan,

As your H1 is expiring soon, you can utilize EAD to keep on working till your MTR is resolved. According to your post, you said that EAD has been revoked. Did you explicitely get a notification from CIS that EAD has been revoked? If not, probably it is still valid.

see this link: http://immigration-information.com/forums/showpost.php?p=25197&postcount=3

Not sure if this is valid in your case or not. I am sure you are talking to a good attorney who would guide you.

[samanan]

Samanan,

As your H1 is expiring soon, you can utilize EAD to keep on working till your MTR is resolved. According to your post, you said that EAD has been revoked. Did you explicitely get a notification from CIS that EAD has been revoked? If not, probably it is still valid.

see this link: http://immigration-information.com/forums/showpost.php?p=25197&postcount=3

Not sure if this is valid in your case or not. I am sure you are talking to a good attorney who would guide you.

My company got the I-140 denial letter and nyself (& for my wife) got a letter from USCIS saying since the I-140 was denied, the corresonding I-485 is also rejected. And any EAD & AP that had been issued based on these were also being revoked.

[bec]

Thanks for all who responded.
My education qualification is a Bachelors degree of Science (3 years) and Diploma in Computer Science (2 years). Software industry working experience in India is almost 4 years and US experience is since December 2000.
The denial letters are received and going to see the attorney.

Does anybody know can I go back to H1 while I am filing the MTR?

Thanks all.

Sorry, I couldn't respond sooner. Yes, I was also thinking of MTR as a recourse with all the education evaluations attached. If I get better info (have a coworker in similar situation) I'll add more updates.

[samanan]

Sorry, I couldn't respond sooner. Yes, I was also thinking of MTR as a recourse with all the education evaluations attached. If I get better info (have a coworker in similar situation) I'll add more updates.

Thanks. Appreciate the help.

[samanan]

Met with a new attorney today. The reason for the rejection is the newpaper advertisement for the requirement was given as "U.S. Bachelor's degree or equivalent". They did not accept my Indian 3 year degree (plus two year diploma) as the equivalent, saying the U.S Bachelors is a four year course and that is the reason they rejected it. The new attorney say the advertisement should have been worded differently to suit the case.

Not sure if the attorney who filed my I-140 & I-485 filed any education evaluation (though got separate money for evaluation). Basically that attorney screwed up my case.

We are going to file the MTR with new education evaluation, then hope God Help Me!

[lazycis]

You can continue working on EAD as I-485 denial does not cancel EAD automatically. File MTR-appeal (I-290B form has 2 options, make sure you chose appeal), gather documents supporting your case. Lawyer is necessary in your case. I believe you have 60 days to file appeal. H1 extension is a good option to switch back to H1 status as others noted, but as soon as MTR is accepted you have AOS status again.

[EB3_SEP04]

How long typically does it take for USCIS to accept the MTR and send a receipt to the appplicant/lawyer. My 485 was denied because my prev employer revoked my approved I140. My current attorney is very good and has filed for MTR. She said it could anywhere from 1 to 6 months for USCIS to send reciept of MTR.

[addsf345]

How long typically does it take for USCIS to accept the MTR and send a receipt to the appplicant/lawyer. My 485 was denied because my prev employer revoked my approved I140. My current attorney is very good and has filed for MTR. She said it could anywhere from 1 to 6 months for USCIS to send reciept of MTR.

were you working on EAD or H1????

I was told by attorney that even if your pervious employer revokes your I-140, and if by mistake if CIS revokes your 485, you can still continue to work on EAD. Isn't this true?

[addsf345]

You can continue working on EAD as I-485 denial does not cancel EAD automatically. File MTR-appeal (I-290B form has 2 options, make sure you chose appeal), gather documents supporting your case. Lawyer is necessary in your case. I believe you have 60 days to file appeal. H1 extension is a good option to switch back to H1 status as others noted, but as soon as MTR is accepted you have AOS status again.

lazycis - I was told by atleast one attorney that if by mistake CIS cancels 485, the EAD still remains valid till the expiry date. this allows one to file appeal.

do you have any info or link, which says it does? I am going to work on EAD, with no H1 to back and my previous employer will be going to revoke my I-140.

[samanan]

How long typically does it take for USCIS to accept the MTR and send a receipt to the appplicant/lawyer. My 485 was denied because my prev employer revoked my approved I140. My current attorney is very good and has filed for MTR. She said it could anywhere from 1 to 6 months for USCIS to send reciept of MTR.

My lawyer also told nowadays the MTR appeals are quicker, any where between 1 to 6 months. In my case that give me very little time for alternative. my unused H1 (I am(was??) in AOS that has been revoked now) is expiring in another 20 days.

Based on my attorney advise I am going to file for H1 extension asking to change the status from AOS back to H1 rightaway, while preparing for the MTR filing. I have to get the H1 approved - otherwise I am in whole lot of trouble, I guess.

[addsf345]

My lawyer also told nowadays the MTR appeals are quicker, any where between 1 to 6 months. In my case that give me very little time for alternative. my unused H1 (I am(was??) in AOS that has been revoked now) is expiring in another 20 days.

Based on my attorney advise I am going to file for H1 extension asking to change the status from AOS back to H1 rightaway, while preparing for the MTR filing. I have to get the H1 approved - otherwise I am in whole lot of trouble, I guess.

well, according to my talk with my lawyer earlier, once you file MTR, untill it gets adjudicated, you should be able to use EAD. It becomes valid again as your appeal is pending. (it shouldn't have revoked in first place till the time you are allowed to file the appeal though)

[samanan]

Anybody knows about any cases which were rejected for "the 3 year Indian degree (+ two years of diploma + 5 years experience) cannot be accepted as equivalent to 4 year US Bachelor degree" or similar reasons.

Have you seen/heared of the appeal agains the denial of such cases has succeeded?

Please share your knowledge.

[kartikiran]

Samannan,

I got my I-140 approved in May 2007, with a 3 year bachelor degree and a 2 year computer diploma from India(NIIT).

I filed under EB3 category & my attorney's advice was to get education evaluation done from World Education Society(http://www.wes.org). They are well-reputed and USCIS has good reputation about them. Recently, they started evaluating all 3 year degrees(Asia, Europe) as USA 4 year bachelor degree equivalent. They have an express service which can get you the evaluation done and certificate mailed to you in less than 5 business days.

Take that route and submit with the MTR. That might resolve your problem in my opinion.

I hope it helps.

[samanan]

Samannan,

I got my I-140 approved in May 2007, with a 3 year bachelor degree and a 2 year computer diploma from India(NIIT).

I filed under EB3 category & my attorney's advice was to get education evaluation done from World Education Society(http://www.wes.org). They are well-reputed and USCIS has good reputation about them. Recently, they started evaluating all 3 year degrees(Asia, Europe) as USA 4 year bachelor degree equivalent. They have an express service which can get you the evaluation done and certificate mailed to you in less than 5 business days.

Take that route and submit with the MTR. That might resolve your problem in my opinion.

I hope it helps.

Thanks for your encouraging message. I really appreciate it.

[punjabi]

You should be fine. I heard from an Educational Evaluation company in the past that 3 years of working experience with 3 years of Bachelors can be converted into 4 years of US equivalent Bachelors. Find a good Educational Evaluation agency and get anotarised letter from them.

You should be okay. Your I-140 will be approved and 485 will be re-opened to pending status.

Good luck.

Thanks for all who responded.
My education qualification is a Bachelors degree of Science (3 years) and Diploma in Computer Science (2 years). Software industry working experience in India is almost 4 years and US experience is since December 2000.
The denial letters are received and going to see the attorney.

Does anybody know can I go back to H1 while I am filing the MTR?

Thanks all.

[samanan]

You should be fine. I heard from an Educational Evaluation company in the past that 3 years of working experience with 3 years of Bachelors can be converted into 4 years of US equivalent Bachelors. Find a good Educational Evaluation agency and get anotarised letter from them.

You should be okay. Your I-140 will be approved and 485 will be re-opened to pending status.

Good luck.

I certainly hope and pray your words come true! Thanks!

[clockwork]

Samanan,
What is your service center? TSC or NSC? Mine also got denied for same reason. I could not file MTR/Appeal since my lawyer/compnay did not receive denial notice until after 33 days passed. So planning to file a new I-140 soon with a edu evaluation from trustforte.

Thanks -

[samanan]

Samanan,
What is your service center? TSC or NSC? Mine also got denied for same reason. I could not file MTR/Appeal since my lawyer/compnay did not receive denial notice until after 33 days passed. So planning to file a new I-140 soon with a edu evaluation from trustforte.

Thanks -

Mine is TSC. So you are planning to file a new I-140 for the same labor?
We are filing the MTR with education evaluation - will have to see how if goes. Good luck to you.

[clockwork]

Mine is TSC. So you are planning to file a new I-140 for the same labor?
We are filing the MTR with education evaluation - will have to see how if goes. Good luck to you.

Best of luck. Mine is also from TSC.

[samanan]

My license was about to expire and was fearing could not renew because the revoked EAD. One of my friend suggested give it a try. Went to a DMV past weekend and used the same EAD. Did not have any problem renewing. So if anybody in the same situation, go ahead and renew your license - one less headache to worry about.

[samanan]

Thought would share this update, if anybody is interested...

Employer just got the approval email for the H1B (premium processing) extension request - valid until 2009 december. This gives me some breathing space. Not clear yet though whether I need to go out and get stamped and come back for the change of status from AOS to H1 to take effect - I came in last time using AP.

No response for the filed MTR yet, keeping fingers crossed!

[Sunx_2004]

Just curious, Your's is EB3 or EB2 case?

Thought would share this update, if anybody is interested...

Employer just got the approval email for the H1B (premium processing) extension request - valid until 2009 december. This gives me some breathing space. Not clear yet though whether I need to go out and get stamped and come back for the change of status from AOS to H1 to take effect - I came in last time using AP.

No response for the filed MTR yet, keeping fingers crossed!

[samanan]

Just curious, Your's is EB3 or EB2 case?

Mine was filed in EB3.

[ashneels2001]

Did you file for a new I140. If not it has to be filed again with the education evaluation. Also, what did your LC state for the job qualification?

[gcfever2007]

Nice to Hear that you have got your h1 done,

Did you get your H1 applied based on your labor i am asking yu because you have already crossed 6 years of h1?

Good Luck with your MTR, i have the same educational credentials with eb3 but my case is still pending i will keep my fingers crossed.

Could you please respond to my question abt H1.

Thanks

[ssdtm]

- You cannot use any experience in lieu of education to prove your equivalence to US bachelor’s degree.

- All you need is a new and detailed evaluation that includes “course-by-course” evaluation.

[gulute]

Cannot blame attorney. This happened to many people whose labor was stuck in BEC. In 2000 it was easy to get I-140 approved even in EB2 for 3 year degree holders. Nebraska became tougher and TSC used to accept Sheila'a evaluation and now it's tough with detailed course-by-course evaluation also!!!

Labor will get approved even in EB2 with 3 year degree, but I-140 denial is for sure if the position is not advertised correctly. For H1 approval it is possible to combine exp, but NOT for I-140!

Met with a new attorney today. The reason for the rejection is the newpaper advertisement for the requirement was given as "U.S. Bachelor's degree or equivalent". They did not accept my Indian 3 year degree (plus two year diploma) as the equivalent, saying the U.S Bachelors is a four year course and that is the reason they rejected it. The new attorney say the advertisement should have been worded differently to suit the case.

Not sure if the attorney who filed my I-140 & I-485 filed any education evaluation (though got separate money for evaluation). Basically that attorney screwed up my case.

We are going to file the MTR with new education evaluation, then hope God Help Me!

[ashneels2001]

Gulute,

With due respect, I disagree that an attorney cannot be blamed. A smart attorney knows what to put on LC application and how to advertise his client's case after reviewing his clients credentials.

Remember, with USCIS, it is how well you present your case and position takes you to the next level.

[gulute]

Yes, but a lot has been changed with USCIS, since 2000. They are becoming smarter after dealt with many questionable credentials!

Gulute,

With due respect, I disagree that an attorney cannot be blamed. A smart attorney knows what to put on LC application and how to advertise his client's case after reviewing his clients credentials.

Remember, with USCIS, it is how well you present your case and position takes you to the next level.

[laksmi]

after batch Degree 3 years + Masters 2 years -----> EB3
after batch Degree 4 years + Masters 2 years ------> EB2

[calif]

If you have US Masters after 3 years of Indian BS, is it still EB3?

after batch Degree 3 years + Masters 2 years -----> EB3
after batch Degree 4 years + Masters 2 years ------> EB2

[samanan]

Nice to Hear that you have got your h1 done,

Did you get your H1 applied based on your labor i am asking yu because you have already crossed 6 years of h1?

Good Luck with your MTR, i have the same educational credentials with eb3 but my case is still pending i will keep my fingers crossed.

Could you please respond to my question abt H1.

Thanks

I applied for the H1 based on my labor as an extension request, has been approved now for one year.

[samanan]

Gulute,

With due respect, I disagree that an attorney cannot be blamed. A smart attorney knows what to put on LC application and how to advertise his client's case after reviewing his clients credentials.

Remember, with USCIS, it is how well you present your case and position takes you to the next level.

I agree with you on this, a good attorney presents the case in the best suiting for the candidate. I took more than one second opinion and all of them pointed to the same issue as the mistake of my original attorney - if the job required/description has been worded differently, they say I should have been fine. :(

[fromnaija]

Thought would share this update, if anybody is interested...

Employer just got the approval email for the H1B (premium processing) extension request - valid until 2009 december. This gives me some breathing space. Not clear yet though whether I need to go out and get stamped and come back for the change of status from AOS to H1 to take effect - I came in last time using AP.

No response for the filed MTR yet, keeping fingers crossed!

If your approved H1 has I-94 attached then you do not need to go get a visa stamp. Also if you work for same H1 employer, using AP does not invalidate your H1.

[samanan]

If your approved H1 has I-94 attached then you do not need to go get a visa stamp. Also if you work for same H1 employer, using AP does not invalidate your H1.


Yes, I got the H1 & H4 notices today, both has the I-94 attached with the same number as of the previous I-94 (in which our status was AOS). This save us from some trouble (and money!).

Nothing on the MTR so far.

[gcfever2007]

Samanan, Thanks for your reply on my H1 question

Good Luck!!

[samanan]

This week we received the information saying "Appeal/Motion/Certification sent to Administrative Appeals Office for review".

What does this mean? Does it mean my MTR was rejected?
And instead they sent it to the appeals office?

What are the probability the appeals office will approve? How long will it take to get a decision from the Administrative Appeals Office?

Sorry for lot of questions, but any insight on these will be greately appreciated.

I have the H1 valid unthis this november (2009) - and am working on starting a new green card process (after 9 years back to square one :( ). Assuming the new GC process is pending on labor approval when my H1 is up for renewal - will I be able to get an extension?

[reddog]

The office adjudicating your case, did not find your evidence sufficient enough and has now sent the case to AAO. AAO will now decide on your application.
It takes about a year to hear back from AAO.

This also means that your MTR was accepted and your case is now under review.
you can extend your H1 based on your appeal.
If you have your EAD or AP, you can use those as well(incase 1485 was also rejected).

good luck.

This week we received the information saying "Appeal/Motion/Certification sent to Administrative Appeals Office for review".

What does this mean? Does it mean my MTR was rejected?
And instead they sent it to the appeals office?

What are the probability the appeals office will approve? How long will it take to get a decision from the Administrative Appeals Office?

Sorry for lot of questions, but any insight on these will be greately appreciated.

I have the H1 valid unthis this november (2009) - and am working on starting a new green card process (after 9 years back to square one :( ). Assuming the new GC process is pending on labor approval when my H1 is up for renewal - will I be able to get an extension?

[samanan]

The office adjudicating your case, did not find your evidence sufficient enough and has now sent the case to AAO. AAO will now decide on your application.
It takes about a year to hear back from AAO.

This also means that your MTR was accepted and your case is now under review.
you can extend your H1 based on your appeal.
If you have your EAD or AP, you can use those as well(incase 1485 was also rejected).

good luck.

Thanks, appreciate your info.

[sri1309]

Thanks, appreciate your info.

I can feel your pain.. Wish you good luck.
But do your best to address your problem and dont depend just on this system. Start writing to change.gov and other sites, officials about the problems you faced in EB3-India (also mention EB2). I am also from EB3, but we must not leave behind EB2-I. Write your story, and do request with your experience in US and by playing by the rules all these years, you are eligible for the GC without questions..

All,
Treat this case also as yours. Dont wait for things like this to happen.. Start writing to whoever we can, at the same time plan major campaigns.No point in waiting for a cake to be served.. Participate more actively in making it. Then the cake tastes better, like the sweat of hard work.. Treat this and other cases as yours and act NOW.

[rajas]

Good luck man.How do you guys keep going?.The system is so broken.You have been here for 9 years and still no end in sight for the GC saga!!!!.

[reddog]

Thanks, appreciate your info.

You are welcome.
If you want to be proactive, and have the resources, go ahead and file a new PERM application with all the right info in the ad.
Then apply for another I140 and there is a way to retain your old PD.

[gcfever2007]

Sent you a PM, could you please respond to it?

Apprecitate your help in advance.