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  #1 (permalink)  
Old 04-25-2012, 09:53 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
03/20/2012
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 16
jayaprabha has a spectacular aura about jayaprabha has a spectacular aura about
Default I-140 Denied - PP -- 3 Year Degree

I have a 3 year Bachelors degree + 14 years of experience. My PERM got approved with a requirement of 'Bachelors + 5 years of experience'. Foreign Education equivalent or combination of work/education is acceptable.

I applied for I-140 in EB2 under Premium Processing. I got an RFE asking to prove 4 year education. My attorney did education evaluation with TrustForte and the evaluator provided equivalency as 'US Bachelors' saying 3 years bachelors + 3 years experience equavelent 1 year education. Plus 5 years experience.

Now, I got my I-140 Denied stating the benefeciary should possess single 4 year degree. My Attorney is suggesting to file for MTR saying, USCIS has not considered my PERM requirement which I satisfy.

Does anybody have any experience getting approved for these kind of RFE/Denials?
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  #2 (permalink)  
Old 04-26-2012, 08:59 AM
Senior Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/04/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
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Join Date: Dec 2010
Posts: 193
chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute chikna has a reputation beyond repute
Default

You are eligible under EB3. It's a waste of time for MTR or appeal. Most experienced lawyers know which category to file. My lawyer messed up too in 2004. By doing that, you loose priority date and fall behind. It's always safe to file in EB3 and re-capture old priority date. Good luck.
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  #3 (permalink)  
Old 04-26-2012, 09:34 AM
Junior Member
Priority Date
:
N/A
Category
:
EB3
I140 Mailed Date
:
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:
I-140+I-485
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Join Date: Jul 2007
Posts: 14
mkrisa is on a distinguished road
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dont even think, just refile in EB3. With 3 year degree there is no way you can file in eb2. no matter how many years experience you have.
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Applied for I140, I485, EAD & AP on Aug15th 2007.
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  #4 (permalink)  
Old 04-26-2012, 10:27 AM
Senior Member
Priority Date
:
Feb-10
Category
:
EB2
I140 Mailed Date
:
03/17/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Oct 2008
Posts: 450
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Default

You can try an Appeal, but that would take more than 18months and would always be in USCIS favor.
At the same time try the EB3 route, that will help you get a Priority date and h1b extensions.
So if the appeal comes in your favor well and good but if not, you have your Eb3.

good luck
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  #5 (permalink)  
Old 04-26-2012, 10:34 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
03/20/2012
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 16
jayaprabha has a spectacular aura about jayaprabha has a spectacular aura about
Default

Can I use the same PERM and file new I-140 in EB3? I am reading that I-140 requires original PERM approval document? How can I get back that from USCIS?
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  #6 (permalink)  
Old 04-26-2012, 12:05 PM
Member
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
02/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Oct 2007
Posts: 26
calif is a jewel in the rough calif is a jewel in the rough calif is a jewel in the rough
Default EB2 in 2007?

Your profile shows your I-140 was approved in EB2 in 2007. Is that correct?

Quote:
Originally Posted by jayaprabha View Post
I have a 3 year Bachelors degree + 14 years of experience. My PERM got approved with a requirement of 'Bachelors + 5 years of experience'. Foreign Education equivalent or combination of work/education is acceptable.
...
Does anybody have any experience getting approved for these kind of RFE/Denials?
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  #7 (permalink)  
Old 04-26-2012, 12:08 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
03/20/2012
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 16
jayaprabha has a spectacular aura about jayaprabha has a spectacular aura about
Default

Yes, but I am doing a fresh AOS processing since I abandoned my earlier GC. Will update my profile. Thanks for pointing it to me.
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  #8 (permalink)  
Old 04-26-2012, 12:12 PM
Member
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
02/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 26
calif is a jewel in the rough calif is a jewel in the rough calif is a jewel in the rough
Default EB2 in 2007?

How did you manage to get EB2 with 3 year degree in 2007? Can you please provide more info?

Quote:
Originally Posted by jayaprabha View Post
Yes, but I am doing a fresh AOS processing since I abandoned my earlier GC. Will update my profile. Thanks for pointing it to me.
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  #9 (permalink)  
Old 04-26-2012, 12:15 PM
Junior Member
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:
N/A
Category
:
N/A
I140 Mailed Date
:
03/20/2012
Chargeability
:
India
Processing Stage
:
I-140
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:
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Join Date: Jul 2007
Posts: 16
jayaprabha has a spectacular aura about jayaprabha has a spectacular aura about
Default

That is what still I cannot understand why USCIS approved my EB2 I-140 during 2007. I was having the same degree but with less experience too. Looks like now USCIS is behaving different.
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  #10 (permalink)  
Old 04-26-2012, 12:24 PM
Member
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
02/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Oct 2007
Posts: 26
calif is a jewel in the rough calif is a jewel in the rough calif is a jewel in the rough
Default EB2 in 2007?

Do you have a copy of EB2 I-140 to make sure it's EB2?

An EB3 with 2012 PD is good only for H1 extn rather than a GC in the near future

With 3 year degree EB2 is impossible, capturing your old EB2 PD is also not practical, Did you think about going back to your old employer and file I-145 now since 2007 Jul is current? (My understanding is that EB2 I-140 is still valid )

Quote:
Originally Posted by jayaprabha View Post
That is what still I cannot understand why USCIS approved my EB2 I-140 during 2007. I was having the same degree but with less experience too. Looks like now USCIS is behaving different.
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  #11 (permalink)  
Old 04-26-2012, 12:35 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
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:
India
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:
N/A
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:
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Default

Quote:
Originally Posted by calif View Post

With 3 year degree EB2 is impossible, capturing your old EB2 PD is also not practical
Mind explaining a bit, why you said that? I don't get it.. Old PD can't be used in different EB ?
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  #12 (permalink)  
Old 04-26-2012, 12:38 PM
Member
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
02/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 26
calif is a jewel in the rough calif is a jewel in the rough calif is a jewel in the rough
Default EB2 in 2007?

What I meant was, capturing that PD in EB2, since with 3 year degree another EB2 is not possible.
Quote:
Originally Posted by gk_2000 View Post
Mind explaining a bit, why you said that? I don't get it.. Old PD can't be used in different EB ?
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  #13 (permalink)  
Old 04-26-2012, 12:51 PM
Member
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
02/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 26
calif is a jewel in the rough calif is a jewel in the rough calif is a jewel in the rough
Default EB2 in 2007?

Let me add more:

My understanding is that capturing an EB2 PD to an EB3 is not practical, since this case is unusual where an earlier I-140 is approved in EB2 and not possible in EB2 anymore with 3 year degree. Most of the cases are the other way where EB3 PD are applied in EB2.

I may be wrong, I do not want to give wrong information. I assume he/she consults attorney.

I take back what I said, if I'm wrong.

I would edit/delete my earlier post, if it was possible OR Admins may delete it

Quote:
Originally Posted by calif View Post
What I meant was, capturing that PD in EB2, since with 3 year degree another EB2 is not possible.
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  #14 (permalink)  
Old 04-27-2012, 11:20 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
03/20/2012
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 16
jayaprabha has a spectacular aura about jayaprabha has a spectacular aura about
Default

1. Will USCIS accept if I file new I-140 in EB3 using the same old PERM? My PERM mentioned YES for the question 'Is this Application for a Professional Occupation'. Does this mean that this PERM is only applicable for EB2?

2. When I file new I-140 in EB3, is it OK to attach PERM copy and mention that USCIS is already having my original PERM? OR we need to request USCIS to return the PERM approval document and then file new I-140?

Appreciate responces.
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  #15 (permalink)  
Old 04-27-2012, 11:30 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default

Your lawyer made lot of money off you. With a 3 year degree you should have filed in eb3. Are you paying more now for MTR?
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