I 140 denied. I am in 3rd year of my H1 B. Suggest me the options

[Kumar1128]

Hello All,

My Perm PD is Aug 2012 and I filed my I 140 regular processing not I got denial notice from USCIS. We don't know the reasons yet. At this point of time what would be my options? Please suggest me some options what I should consider doing

[Kumar1128]

I was denied for a simple query.

"In evaluating the beneficiary's qualifications, USCIS must look to the job offer portion of the labor certification to determine the required qualifications for the position:

In order to be considered to be "qualified", the beneficiary must have met all of the minimum requirements as stated in part H of ETA form 9089, Application for Permanent Employment Certification, as of the date the request for certification was accepted for processing by the Department of labor.

[raghvi]

I was denied for a simple query.

"In evaluating the beneficiary's qualifications, USCIS must look to the job offer portion of the labor certification to determine the required qualifications for the position:

In order to be considered to be "qualified", the beneficiary must have met all of the minimum requirements as stated in part H of ETA form 9089, Application for Permanent Employment Certification, as of the date the request for certification was accepted for processing by the Department of labor.

Without seeing what was filled in the 9089 its impossible to say what went wrong. Seems there was a mismatch between what you qualify for and what the job requirement was . If you see ETA Form 9089 Part H is mentions few things;

4. Education: minimum level required:

None ‰ High School ‰ Associate’s ‰ Bachelor’s ‰ Master’s ‰ Doctorate ‰ Other

If Other is indicated , specify the education required:

4-B. Major field of study

5. Is training required in the job opportunity?

YES /NO

5-A. If Yes, number of months of training required


This is my opinion not legal advice.