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View Full Version : I-140 Denied - PP -- 3 Year Degree


jayaprabha
04-25-2012, 09:53 PM
I have a 3 year Bachelors degree + 14 years of experience. My PERM got approved with a requirement of 'Bachelors + 5 years of experience'. Foreign Education equivalent or combination of work/education is acceptable.

I applied for I-140 in EB2 under Premium Processing. I got an RFE asking to prove 4 year education. My attorney did education evaluation with TrustForte and the evaluator provided equivalency as 'US Bachelors' saying 3 years bachelors + 3 years experience equavelent 1 year education. Plus 5 years experience.

Now, I got my I-140 Denied stating the benefeciary should possess single 4 year degree. My Attorney is suggesting to file for MTR saying, USCIS has not considered my PERM requirement which I satisfy.

Does anybody have any experience getting approved for these kind of RFE/Denials?

chikna
04-26-2012, 08:59 AM
You are eligible under EB3. It's a waste of time for MTR or appeal. Most experienced lawyers know which category to file. My lawyer messed up too in 2004. By doing that, you loose priority date and fall behind. It's always safe to file in EB3 and re-capture old priority date. Good luck.

mkrisa
04-26-2012, 09:34 AM
dont even think, just refile in EB3. With 3 year degree there is no way you can file in eb2. no matter how many years experience you have.

sac-r-ten
04-26-2012, 10:27 AM
You can try an Appeal, but that would take more than 18months and would always be in USCIS favor.
At the same time try the EB3 route, that will help you get a Priority date and h1b extensions.
So if the appeal comes in your favor well and good but if not, you have your Eb3.

good luck

jayaprabha
04-26-2012, 10:34 AM
Can I use the same PERM and file new I-140 in EB3? I am reading that I-140 requires original PERM approval document? How can I get back that from USCIS?

calif
04-26-2012, 12:05 PM
Your profile shows your I-140 was approved in EB2 in 2007. Is that correct?

I have a 3 year Bachelors degree + 14 years of experience. My PERM got approved with a requirement of 'Bachelors + 5 years of experience'. Foreign Education equivalent or combination of work/education is acceptable.
...
Does anybody have any experience getting approved for these kind of RFE/Denials?

jayaprabha
04-26-2012, 12:08 PM
Yes, but I am doing a fresh AOS processing since I abandoned my earlier GC. Will update my profile. Thanks for pointing it to me.

calif
04-26-2012, 12:12 PM
How did you manage to get EB2 with 3 year degree in 2007? Can you please provide more info?

Yes, but I am doing a fresh AOS processing since I abandoned my earlier GC. Will update my profile. Thanks for pointing it to me.

jayaprabha
04-26-2012, 12:15 PM
That is what still I cannot understand why USCIS approved my EB2 I-140 during 2007. I was having the same degree but with less experience too. Looks like now USCIS is behaving different.

calif
04-26-2012, 12:24 PM
Do you have a copy of EB2 I-140 to make sure it's EB2?

An EB3 with 2012 PD is good only for H1 extn rather than a GC in the near future :)

With 3 year degree EB2 is impossible, capturing your old EB2 PD is also not practical, Did you think about going back to your old employer and file I-145 now since 2007 Jul is current? (My understanding is that EB2 I-140 is still valid )

That is what still I cannot understand why USCIS approved my EB2 I-140 during 2007. I was having the same degree but with less experience too. Looks like now USCIS is behaving different.

gk_2000
04-26-2012, 12:35 PM
With 3 year degree EB2 is impossible, capturing your old EB2 PD is also not practical

Mind explaining a bit, why you said that? I don't get it.. Old PD can't be used in different EB ?

calif
04-26-2012, 12:38 PM
What I meant was, capturing that PD in EB2, since with 3 year degree another EB2 is not possible.
Mind explaining a bit, why you said that? I don't get it.. Old PD can't be used in different EB ?

calif
04-26-2012, 12:51 PM
Let me add more:

My understanding is that capturing an EB2 PD to an EB3 is not practical, since this case is unusual where an earlier I-140 is approved in EB2 and not possible in EB2 anymore with 3 year degree. Most of the cases are the other way where EB3 PD are applied in EB2.

I may be wrong, I do not want to give wrong information. I assume he/she consults attorney.

I take back what I said, if I'm wrong.

I would edit/delete my earlier post, if it was possible OR Admins may delete it

What I meant was, capturing that PD in EB2, since with 3 year degree another EB2 is not possible.

jayaprabha
04-27-2012, 11:20 AM
1. Will USCIS accept if I file new I-140 in EB3 using the same old PERM? My PERM mentioned YES for the question 'Is this Application for a Professional Occupation'. Does this mean that this PERM is only applicable for EB2?

2. When I file new I-140 in EB3, is it OK to attach PERM copy and mention that USCIS is already having my original PERM? OR we need to request USCIS to return the PERM approval document and then file new I-140?

Appreciate responces.

waitingnwaiting
04-27-2012, 11:30 AM
Your lawyer made lot of money off you. With a 3 year degree you should have filed in eb3. Are you paying more now for MTR?