H1B 9th year extension, but I-140 denied

[nchendica]

Originally Posted by madhuvj

Try the thedegreepeople.com. These people can evaluate your degree/Diploma course by course specifically for Immigration purpose with in 4-5 business days and you can consult with your lawyer to appeal against the I-140 rejection. They offer you good help when you reach them thru the phone, they have one of the best Free consultation service ( And I dont work for them .. ! lol ! ). Their rates are nominal. Iam sure this is gonna help you.

Good Luck

Thank you very much Madhu. I looked at their website and it is very interesting. I recommeded my attorney to talk to them.

Thakns,
Naga

[nchendica]

Originally Posted by rameshvaid

Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.

Good Luck..

Ramesh

Thanks for your update Ramesh. My labor substituion is EB2. Prior to the filing I have 12 years of experience with 18 years of education. Now going for EB3 is filing a new labor under EB3 or file a new I-140 and say it is EB3 and not EB2. Could you please help me by providing more info on this?

Thanks,
Naga

[kumar1]

Get enrolled in GNIIT course. They will teach you Java, .net, networking, datbase, algorithms and everything else that I did not put here and may be after that you can apply in EB-1 category. I am not mad but, if you do not have 4 year college degree, you should not have gone for EB-2 that too with labor substitution. It is a F***ed up system.

[niceguy]

nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.

You can email me the details to gcperm@gmail.com

thanks in advance.

[nchendica]

I got my H1B approval. As USICS opened premium for I-140, I am trying to file another labor in EB3 and get an ed eval from thedegreepeople.com.

Thanks,
Naga

Originally Posted by niceguy

nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.

You can email me the details to gcperm@gmail.com

thanks in advance.

[umeshsak]

I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?

Thanks

[rockstart]

Your BE degree will be considered equivalent to guys who have 12 + 4 from India. After all you have a fulltime 16 years education with same degree that 12+ 4 guys have. I think AMIE is getting the flak because its considered part time degree ( I know how difficult it is to manage job & AMIE studies) but that is how USCIS is interpreting it at the moment.

Originally Posted by umeshsak

I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?

Thanks

[nchendica]

It depends mainly on your ED evaluation, and also other officer, who got your file.
Some of them got approvals and some rejected.

Hope for the best.

Thanks,
Naga

Originally Posted by umeshsak

I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?

Thanks

[vactorboy29]

Originally Posted by umeshsak

I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?

Thanks

I have same credential in Mechanical engineering. I got 140 approved last year. don’t worry .You will be fine.

[rsilswal]

Here are the details of my case:

Hi All –

Please I need some help urgently!!! Here is what I am going through …… My I-140 got denied on Aug 28, 2008.

My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

In my labor it’s clearly stated that the bachelor equivalent is needed.

Labor Priority date: 5/10/2007

8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.


9/25/2007 USCIS Receipt Notice received.

10/23/2007 EAD approved and valid till Oct 2008.

6/20/2008 EAD renewal application filed.

Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

In the mean while, my wife got a job. I asked my lawyer if it’s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

7/1/2008 RFE Submitted

08/28/2008 I-140 / I-485 got denied

I still have valid H1.

I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011

My questions are …

Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

How do I convince my attorney that we should go ahead and file the MTR.

Please help!!!

Thanks

[desi3933]

Approved EB2 I140 revoked - AMIE/AMIETE

Link (Approved EB2 I140 revoked - AMIE/AMIETE)

[ImmiLosers]

Originally Posted by ski_dude12

Substitution is fair? How about the people who he cut off?

With your attitude, IV would die soon...

I was not aware about EB2/EB3 when I filed my 1st Labor. Attorney did not educate me either. I changed my job (due to other reasons) and availed that opportunity to substitute PD. SUBSTITUTION OF I-140 is not only fair but helps shorten EB3 line as well. It also helps people who gets laid off while awaiting PD to get current.

Naga - Do you have I-140 for EB3?

[nchendica]

I reuquested my employer to file appeal for 140 denial, but they are not doing it and saying they didn't the denial notice by mail i.e. papaer copy.
We called USCIS several times and they have mailed copies several times.
Looks like my employer might have got it, but saying not received.
So I lost hopes on this and moved on to a different employer.
I have another backup labor (PD-Dec'2004) and filed 140 last year ~ Feb.
Now I moved to a different employer with this backup 140 and it is EB3 still pending with USCIS. Even though this is EB3, it has the Bachelors mentioned in the qualifications. So I am just doubtful on this one too.

[nchendica]

I don't know how much time you took to complete AMIE.
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.

Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.

My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.

It is always better to go for EB3 new labor as you have some time.

Thanks and all the best.

Originally Posted by rsilswal

Here are the details of my case:

Hi All –

Please I need some help urgently!!! Here is what I am going through …… My I-140 got denied on Aug 28, 2008.

My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

In my labor it’s clearly stated that the bachelor equivalent is needed.

Labor Priority date: 5/10/2007

8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.


9/25/2007 USCIS Receipt Notice received.

10/23/2007 EAD approved and valid till Oct 2008.

6/20/2008 EAD renewal application filed.

Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

In the mean while, my wife got a job. I asked my lawyer if it’s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

7/1/2008 RFE Submitted

08/28/2008 I-140 / I-485 got denied

I still have valid H1.

I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011

My questions are …

Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

How do I convince my attorney that we should go ahead and file the MTR.

Please help!!!

Thanks