My I-140 is denied today. What are my options?

[IneedAllGreen]

After gap of 2 years and 2 RFEs on my I-140 processing. Today I got status update online that my I-140 has been denied. We do not have any detail yet. I am requesting any one can explain what are my options? Appealing or Motion to reconsider? Guys any input is welcome. More I will update this thread as and when I get info from my attorney or my employer.

Mine is EB2 and its at NSC.

Below detail was shown on USCIS tracking site.


Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Denial Notice Sent

On April 22, 2009, we mailed you a denial decision notice for this case I140 IMMIGRANT PETITION FOR ALIEN WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from April 22, 2009, please call customer service at 1-800-375-5283 for further assistance.



Thanks

[gcbikari]

From what I understand from prior posts, MTR is the better option since you get a tracking #. If you go for appeal, you can not track the status. Gurus can correct me if I am wrong.

Originally Posted by IneedAllGreen

After gap of 2 years and 2 RFEs on my I-140 processing. Today I got status update online that my I-140 has been denied. We do not have any detail yet. I am requesting any one can explain what are my options? Appealing or Motion to reconsider? Guys any input is welcome. More I will update this thread as and when I get info from my attorney or my employer.

Mine is EB2 and its at NSC.

Below detail was shown on USCIS tracking site.


Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Denial Notice Sent

On April 22, 2009, we mailed you a denial decision notice for this case I140 IMMIGRANT PETITION FOR ALIEN WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from April 22, 2009, please call customer service at 1-800-375-5283 for further assistance.



Thanks

[thomachan72]

very sorry to hear that. what were the previous complications? did you have any salary/payment, qualification issues? been on bench? etc etc
I guess the option would be MTR after you get the denial notice and see what is on there.

[ski_dude12]

Start gathering information about MTR and also talk to your lawyer regarding next steps. You will get a better idea/inputs after getting the denial reason.

[IneedAllGreen]

I don't know what Information that I should gather for filling MTR? Is there is time limit to file MTR? But I am working closely with company who is calling attorney for notice detail. I guess before end of the week I will know some detail on why I-140 was denied. For anwer to earlier person's question is that I had 2 RFE in past before denial. 1st RFE looks pretty standard they ask for paystub,w2 and employer's financial health. 2nd RFE was more into detail of everything they ask in 1st RFE plus they ask for my college transcript and experience letter from all earlier employer. I had been bench in and out for 2-3 weeks from past 3-4 years but I was fully paid all time. I have all my paystub with me. Now I have done 3 + 3 engineering in India. 3 years diploma course and 3 years engineering in computer engg. After completing diploma course I got admission directly to 2nd year of engg.(Which is common in India). I confirm that in my labor certificate they sepcified about combination of degree. Besides before joining this employer I had 5+ more years of experience to qualify as EB2 candidate. Thats all I got.

Originally Posted by ski_dude12

Start gathering information about MTR and also talk to your lawyer regarding next steps. You will get a better idea/inputs after getting the denial reason.

[number30]

Originally Posted by IneedAllGreen

I don't know what Information that I should gather for filling MTR? Is there is time limit to file MTR? But I am working closely with company who is calling attorney for notice detail. I guess before end of the week I will know some detail on why I-140 was denied. For anwer to earlier person's question is that I had 2 RFE in past before denial. 1st RFE looks pretty standard they ask for paystub,w2 and employer's financial health. 2nd RFE was more into detail of everything they ask in 1st RFE plus they ask for my college transcript and experience letter from all earlier employer. I had been bench in and out for 2-3 weeks from past 3-4 years but I was fully paid all time. I have all my paystub with me. Now I have done 3 + 3 engineering in India. 3 years diploma course and 3 years engineering in computer engg. After completing diploma course I got admission directly to 2nd year of engg.(Which is common in India). I confirm that in my labor certificate they sepcified about combination of degree. Besides before joining this employer I had 5+ more years of experience to qualify as EB2 candidate. Thats all I got.

This is problem they are creating. They think 3+3 as 3 year degree as usual. It is Four year degree with credit being earned for the first year in the Other institute. that needs to explained to them.
When you do MTR add the Brochure from the university or Collage. Also add the relevant websites.

E.G. http://www.dayanandasagar.edu/diploma.php
http://cet.kar.nic.in/dip_not.htm

They will understnd only if some one goes to court.

[Sheila Danzig]

The 3+3 is generally approved when clearly explained with an evaluation / expert opinion letter adn in the Motion. There is an AAO case of a 3+1 that is closely related in so far as the 1st degree/diploma was required for entry into the second so it is not combining.

Originally Posted by number30

This is problem they are creating. They think 3+3 as 3 year degree as usual. It is Four year degree with credit being earned for the first year in the Other institute. that needs to explained to them.
When you do MTR add the Brochure from the university or Collage. Also add the relevant websites.

E.G. http://www.dayanandasagar.edu/diploma.php
http://cet.kar.nic.in/dip_not.htm

They will understnd only if some one goes to court.

[gapala]

Originally Posted by IneedAllGreen

Now I have done 3 + 3 engineering in India. 3 years diploma course and 3 years engineering in computer engg. After completing diploma course I got admission directly to 2nd year of engg.(Which is common in India). I confirm that in my labor certificate they sepcified about combination of degree. Besides before joining this employer I had 5+ more years of experience to qualify as EB2 candidate. Thats all I got.

Sorry to hear about your situation dude.. I guess the Education could be the reason for denial... We all know that Combination of degrees work fine for EB3 but EB2 require single professional degree equivalent to 4 years US Degree and other details are below for reference.

Here's what is required for EB2.

EB-2 Eligibility and Filing

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

Letters documenting at least ten years of full-time experience in the occupation being sought;

A license to practice the profession or certification for a particular profession or occupation;

Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


Membership in professional associations;

[Sheila Danzig]

But his 3+3 with advanced standing is NOT combining.

Originally Posted by gapala

Sorry to hear about your situation dude.. I guess the Education could be the reason for denial... We all know that Combination of degrees work fine for EB3 but EB2 require single professional degree equivalent to 4 years US Degree and other details are below for reference.

Here's what is required for EB2.

EB-2 Eligibility and Filing

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

Letters documenting at least ten years of full-time experience in the occupation being sought;

A license to practice the profession or certification for a particular profession or occupation;

Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


Membership in professional associations;

[IneedAllGreen]

Thanks Sheila for your response. I have talk to my employer about you and your service on how you help people on degree evaluation. If 140 denial notice is about education then I might contact you. About 3+3 is not combining is good point on my education evaluation because you can get in to Engineering by 10+3 or 10+3 years of study. Phew man I have been in USA for more than 9 years and USCIS are denying my I-140. This is my second attempt for my GC. Man I dont want to loose this chance of MTR on my I-140.

Originally Posted by Sheila Danzig

The 3+3 is generally approved when clearly explained with an evaluation / expert opinion letter adn in the Motion. There is an AAO case of a 3+1 that is closely related in so far as the 1st degree/diploma was required for entry into the second so it is not combining.

[nkrishna]

this policy of this country where people live for 10 years legally and don't have a green card, should be taken and addressed to the congress some way or other seriously. I know people who had got their GC in 4 years, don't know how luckily they got it though.

[vamsi_poondla]

Originally Posted by IneedAllGreen

Thanks Sheila for your response. I have talk to my employer about you and your service on how you help people on degree evaluation. If 140 denial notice is about education then I might contact you. About 3+3 is not combining is good point on my education evaluation because you can get in to Engineering by 10+3 or 10+3 years of study. Phew man I have been in USA for more than 9 years and USCIS are denying my I-140. This is my second attempt for my GC. Man I dont want to loose this chance of MTR on my I-140.

Dont lose your heart. You have a genuine case and a fair chance of winning through MTR. All the best.

Personally I studied with exceptional diploma + Engg grads in my college days. I wish you all the best,

[Sheila Danzig]

Yes, this is a strong case. I have seen a number of people with your education approved when it is explained properly. Some times the attorneys do not understand the education.

Originally Posted by vamsi_poondla

Dont lose your heart. You have a genuine case and a fair chance of winning through MTR. All the best.

Personally I studied with exceptional diploma + Engg grads in my college days. I wish you all the best,

[hiralal]

Originally Posted by nkrishna

this policy of this country where people live for 10 years legally and don't have a green card, should be taken and addressed to the congress some way or other seriously. I know people who had got their GC in 4 years, don't know how luckily they got it though.

it is bad timing I guess. if economy was booming ..this would not have been a issue but now they are looking at cases with strong inclination to deny where they can.
everyone should have a strong plan B and C

[IneedAllGreen]

I thought to update you all on my case and get input from you all.

This week Monday after 19 days of online update on I-140 Denial notice my attorney received notice from USCIS. As we were expecting USCIS denied my I-140 based on 3 years of degree. Which I do not have instead I have 10+3+3 years of education.In this notice they written Mr. Shah's example who had 3 years of B.COM or B.Sc degree from India. Man there is huge difference in studying both above degrees and doing Engineering in India. I had worked damn hard go get my Engg. degree compare to those who had done B.COM and B.Sc. How come USCIS officer know about it? USA is rich country but unfortunately with lots of their people with Poor knowledge.

In the same notice Dumb USCIS has wrote that my employer had not paid prevailing wage during year 2006 (that same year we had filed for my labor). Unfortunately this rich guy didn't bother to find out that I joined my employer in middle of the year and did not calculate that my salary that year would have been more than prevailing wage. We had send two W2 for year 2006. One for previous employer and another from current employer.I think officer only saw W2 of my current employer and had not confirmed when I joined them. What a mess? I will tell you these people(USCIS officers) should be sent to some other country and understand what kind of immigration issue that they might face there and compare their position with ours here in USA. Damn we know English so well but what will these USCIS officer's will do if they don't know their immigrating foreign country's language...aha!! all trouble starts form there....

Anyways after convincing my employer that I requested Sheila Danzing to do education evaluation in my case. Its so frustrating that I have to go through same document and information for so many times with different companys/agency to get one Green Card...

I am loosing faith in US immigration system. I just hope(I stopped praying for a while cause god is not listening to my pray) that with help of Shiela Danzing and Attorney's explanation on I-140 appeal I might get I-140 approval. I have waited for 2 years and 3 months before they Denied my case they would have done earlier to make things easy.



officer wrote

Originally Posted by Sheila Danzig

Yes, this is a strong case. I have seen a number of people with your education approved when it is explained properly. Some times the attorneys do not understand the education.