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  #1 (permalink)  
Old 05-14-2008, 11:57 AM
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Question 3 year degree filing new application after I140 denial

Hi guys,

My I140 got denied based on the three year degree we made appeal against the decision but also starting the process all over again.

I have contacted three attorneys and all of them gave different opinion the new filing, I want to consolidate all thoughts before moving forward with the application.

Please suggest what would be the best draft for education requirement for degree with math, physics and chemistry.

Your input is highly appreciated thanks in advance.
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  #2 (permalink)  
Old 05-14-2008, 12:02 PM
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Originally Posted by vallabhu View Post
Hi guys,

My I140 got denied based on the three year degree we made appeal against the decision but also starting the process all over again.

I have contacted three attorneys and all of them gave different opinion the new filing, I want to consolidate all thoughts before moving forward with the application.

Please suggest what would be the best draft for education requirement for degree with math, physics and chemistry.

Your input is highly appreciated thanks in advance.
The educational requirement is determined by the job and will be included in the advertisements for the labor cert.. You just have to fit it and it has to be filed in the correct employment based category.
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  #3 (permalink)  
Old 05-14-2008, 12:12 PM
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Job requires a degree and 2 year experience, but do I term the requirement was the question.

One of the Attorney said "Combination of Education and Experience" to make me qualified for the job.

another said I should put any degree is accepted with 2 years experience in computer science can be accepted as bachelors degree.

I have 12 years of experience and out of which 9 is in US.
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  #4 (permalink)  
Old 05-14-2008, 12:24 PM
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Default i have a simmilar case

file for 2 nd labor..do a reasearch on immigration portal..lot of good stuff there.
did you appeal..send it to AA0..did they deny it.did you open MTR
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  #5 (permalink)  
Old 05-14-2008, 12:31 PM
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Quote:
Originally Posted by vallabhu View Post
Job requires a degree and 2 year experience, but do I term the requirement was the question.

One of the Attorney said "Combination of Education and Experience" to make me qualified for the job.

another said I should put any degree is accepted with 2 years experience in computer science can be accepted as bachelors degree.

I have 12 years of experience and out of which 9 is in US.
Why don't you go with the adv which requires only two years of experience (no education). That too would qualify you for EB-3 and you will not have to deal with the headache of 3 year/4 year.
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  #6 (permalink)  
Old 05-14-2008, 12:46 PM
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Quote:
Originally Posted by Humhongekamyab View Post
Why don't you go with the adv which requires only two years of experience (no education). That too would qualify you for EB-3 and you will not have to deal with the headache of 3 year/4 year.
I agree with Humhongekamyab. I had a similar case. My attorney filed with High school & 2 years of experience and both labor & I140 were approved.
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  #7 (permalink)  
Old 05-14-2008, 12:47 PM
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Default You will get lots of response

Quote:
Originally Posted by Humhongekamyab View Post
Why don't you go with the adv which requires only two years of experience (no education). That too would qualify you for EB-3 and you will not have to deal with the headache of 3 year/4 year.
If you adv only for 2 years experience, you will get lots of response and its another headache and time consuming process.
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  #8 (permalink)  
Old 05-14-2008, 01:22 PM
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Vallabhu,

Even I have 3 years degree + diplomas in computers + 10 years exp. I got my i-140 approved year back in EB2.

I got my education evaluated by http://www.trustfortecorp.com/. They equated it with US 4 years graduation, my lawyer used this evaluation to file for labor/i-140.

If you have any diplomas then use it in future filings. Let me know you have any further questions.
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  #9 (permalink)  
Old 05-14-2008, 01:47 PM
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My i-140 go denied on A2p issues .I have a related question .Im filing MTR ans am curious to know if we can start a parallel process for new 140 while ist one is eith at MTR or apeal stage ?Thanks
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  #10 (permalink)  
Old 05-14-2008, 01:53 PM
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Originally Posted by snathan View Post
If you adv only for 2 years experience, you will get lots of response and its another headache and time consuming process.
Right, but it would be safe. I mean if this was his first case it was worth the chance but he has already lost time and money so I think he wants 0 risk this time.
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  #11 (permalink)  
Old 05-14-2008, 01:58 PM
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talash is infamous around these parts talash is infamous around these parts talash is infamous around these parts talash is infamous around these parts
Default

My i-140 go denied on A2p issues .I have a related question .Im filing MTR ans am curious to know if we can start a parallel process for new 140 while ist one is eith at MTR or apeal stage ?Thanks some one reply plz
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  #12 (permalink)  
Old 05-14-2008, 01:59 PM
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Originally Posted by talash View Post
My i-140 go denied on A2p issues .I have a related question .Im filing MTR ans am curious to know if we can start a parallel process for new 140 while ist one is eith at MTR or apeal stage ?Thanks
I don't see a reason why you should not be able to do so. In fact if I were you I would do so. From what I know MTR takes 8-12 months and imagine getting a denial after 12 months and then starting the process again. You would save yourself a lot of time and hassle but simultaneously starting the process again.
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  #13 (permalink)  
Old 05-14-2008, 02:07 PM
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hey thanks for response .I heard MTR takes 6 weeks and if MTR is denied then apeal is next step and apeal take a lot of time like u said .I was planing to see responce to MRT if adverse then apeal and start a parallel process .
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  #14 (permalink)  
Old 05-14-2008, 02:52 PM
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talash,

I am in a similar situation. My I140 got denied by NSC due to 3-Year degree issues for EB2. I filed an MTR/Appeal (I290B) and NSC forwarded it to AAO after 6 weeks. I waited until NSC took action on the MTR (naively hoping that they would approve it) and now preparing my EB3 I140 against the same Labor. My Attorney's reason to wait was to not give NSC a reason to reject the MTR. At least now, I have a chance (even thought only .00001% probability) with AAO for EB2.
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  #15 (permalink)  
Old 05-14-2008, 03:11 PM
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vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Default

Quote:
Originally Posted by spbpsg View Post
Vallabhu,

Even I have 3 years degree + diplomas in computers + 10 years exp. I got my i-140 approved year back in EB2.

I got my education evaluated by http://www.trustfortecorp.com/. They equated it with US 4 years graduation, my lawyer used this evaluation to file for labor/i-140.

If you have any diplomas then use it in future filings. Let me know you have any further questions.
I have PGDCA from an institute in INDIA I don't if that counts.
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