Please Help...140 Denied

[depressed]

My 140 online 140 status shows it was denied yesterday.
I still do not know the reason for the same.

My PERM was applied in Jan 2008 and 140 in March 08.
It was applied under EB2 category (BS + 5 yrs experince).

Currently, I'm on the 5th yr of my H1.
What are my options now ?? is it to start a new PERM ?
or can we do something about the denied 140..
if at all we opt for MTR..how long do u think it would take ??

I'm kind of confused n not sure what to do..
please suggest me all the options available to me.

Thanks!

[dealsnet]

Do you know the reason for the denial. Did they send any rfe ?
Is anything to do with 3 year degree or ability to pay issue??

Originally Posted by depressed

My 140 online 140 status shows it was denied yesterday.
I still do not know the reason for the same.

My PERM was applied in Jan 2008 and 140 in March 08.
It was applied under EB2 category (BS + 5 yrs experince).

Currently, I'm on the 5th yr of my H1.
What are my options now ?? is it to start a new PERM ?
or can we do something about the denied 140..
if at all we opt for MTR..how long do u think it would take ??

I'm kind of confused n not sure what to do..
please suggest me all the options available to me.

Thanks!

[depressed]

I don't know the reason yet.
I have a 4 yr Engineering degree from India.

Any idea how long would MTR take ?

[Siboo]

depressed,
First of all, don't panic. Mine got denied two times and second time when it got denied, I was in my 8th year H1B extension.

Did your attorney get any Request for Evidence Letter before the denial?

Wait for the denial letter. It may be a small error from your attorney's part that he/she checked the wrong box in the form. I have heard many cases like that. Or it may be a error from USCIS part and it can be rectified through Motion to Reopen.

Siboo...

[iwantmygreen]

Originally Posted by depressed

I don't know the reason yet.
I have a 4 yr Engineering degree from India.

Any idea how long would MTR take ?

Did you apply for EB 2 category. Probably the PERM application you marked EB3 category. This is one of the reason when USCIS will deny instead of sending RFE now.

[depressed]

Originally Posted by Siboo

depressed,
First of all, don't panic. Mine got denied two times and second time when it got denied, I was in my 8th year H1B extension.

Did your attorney get any Request for Evidence Letter before the denial?

Wait for the denial letter. It may be a small error from your attorney's part that he/she checked the wrong box in the form. I have heard many cases like that. Or it may be a error from USCIS part and it can be rectified through Motion to Reopen.

Siboo...

Siboo, Thanks for the encouraging words.
The thing is my employer never lets me contact the attorney directly.
I think I will wait for the denial letter to conclude things

Did you open a MTR ?? How long did it take ??
If possible please share the information.

Thanks!

[depressed]

Originally Posted by iwantmygreen

Did you apply for EB 2 category. Probably the PERM application you marked EB3 category. This is one of the reason when USCIS will deny instead of sending RFE now.

I applied for EB2. atleast that is what the employer claims.
My employer n attorney never share any papers with me(this is a totally different topic to debate on)...so not sure where it went wrong

[Siboo]

Did you send any experience letters to prove that you had minimum of Five years experience before joining this employer?

Also, did you regulary check status in the USCIS website? If you are sure that they did not send RFE before the denial then it may be a good sign.

I opened MTR, Appeal etc. Nothing worked in my case because the reason was correct in the second time denial.

MTR normally take few months. It may take few days to send the approval, if your attorney clearly proves that the denial was USCIS error or silly mistake from his part.

Just relax and wait. If possible, change your login name...

Siboo.

[depressed]

Originally Posted by Siboo

Did you send any experience letters to prove that you had minimum of Five years experience before joining this employer?

Also, did you regulary check status in the USCIS website? If you are sure that they did not send RFE before the denial then it may be a good sign.

I opened MTR, Appeal etc. Nothing worked in my case because the reason was correct in the second time denial.

MTR normally take few months. It may take few days to send the approval, if your attorney clearly proves that the denial was USCIS error or silly mistake from his part.

Just relax and wait. If possible, change your login name...

Siboo.

Yes, I did send experience letters.

The online status suddenly changed to Denied.
I don't think we ever saw a RFE sent. Does RFE show up online ??

oh ok..hope it is something that can be rectified easily.

hmm..regarding the login name..i created immigration voice id just today..
as i was pretty much depressed cud not think of any other name
do u know how to change it ??

Thanks again Siboo

[polapragada]

What happend to your case?? Hope every thing is getting back on track

[vikki76]

USCIS is very strict on EB2 criteria so if one doesn't have MS degree ,it is very tough to justify EB2 category even with relevant number of experience. I have seen lot of denials cases for this reason.

[gc28262]

http://www.lexisnexis.com/practicear...dfs/web933.pdf

[depressed]

Originally Posted by polapragada

What happend to your case?? Hope every thing is getting back on track

My 140 got approved on Sep 11th
had to open a MTR for it..

[munnu77]

Originally Posted by depressed

My 140 got approved on Sep 11th
had to open a MTR for it..

cud anyone tell me wht an MTR is???

[ImmiLosers]

Originally Posted by munnu77

cud anyone tell me wht an MTR is???

MTR makes packaged food ; check this out http://www.mtrfoods.com/

I guess here it means "Motion to Re-open"