Pls help... Received a Notice of Intent to Deny on my I-140 Application yesterday.
Urgent !!!! Pls Help...
Received a Notice of Intent to Deny on my I-140 Application yesterday.
I am on H1 B and it is going to expire on April 2016.
My case –
I have 3yr Bachelors (India – Completed 1999) + 1yr NIIT (Completed 2000) + 6 months CDAC (Completed 2001) + 6 months CIC from IGNOU (Completed 2002).
Then I started working in India (2001-2009). In 2009 I Got My 2yr Masters Degree (M.Sc IT).
My valuation is done on the basis of 3yr bachelors + 1yr NIIT (This evolution had been used to file first time H1b in 2007, same evolution they have used for i140.). This has become an issue of i140 denial.
1. Joined current company in April 2013.
2. Labor was filed in October 2014 and Approved on March 2015.
3. Received I140 notice of denial under EB2 yesterday in 15 days (PP).
4. Attorney says that the problem is with both education and experience.
5. Minimum requirements 4yr bachelors + 5 yr work experience for EB2.
If my attorney includes bachelors + Masters (completed in 2009) then I am getting less than 5 years of work experience under EB2 as after 2009 I have completed Master so they will not count previous experience?
The problem started because of 3 year degree and 1 year of NIIT diploma (Valuation).
What are the options I have?
a) Can I use my 3 years bachelor degree in science and 2 year master degree to make 4 years of USA bachelor degree plus experience? If I do then experience become short less than 5 years as I have completed MSC IT in 2009.
b) Can I use my previous experience certificates (2001 to 2012) to make 5 years of experience with 3 year degree and 2 years master ?
c) Can I use 3 years degree and 6 months of CDAC + 6 months of the Certificate in computing diploma (CIC from IGNOU) to make 4 years US equivalent bachelor degree?
d) Is there any situation I can use 1 year of my current company before filing labor.
e) Since it has been 9 month when my labour had been applied can i go for EB 3.
How to resolve this situation.
Looks like you are already what the problem is. The answer to most the questions you ask is probably "No" or a "maybe" at best.
USCIS compares the PERM job requirements with your qualifications.
What did the PERM job description say? 4 yr BS plus 5 yrs? If so, clearly you do not seem to meet the requirement. Ask the lawyer.
I believe best case scenario is to use your 3yrs bachelors and 2 years masters as equivalent to a BS in the US. And use your 10yrs workex from 2001-2009 to show for the 5yr work experience requirement. Ideally just go with what your lawyer tells you.
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