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My I-140's Intent to Deny notice, Need help!

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  • My I-140's Intent to Deny notice, Need help!

    Hi, I have a 3 years B.Sc degree and a 2 years of M.Sc degree (computer science) from India. My education evaluation says the combination of both the degree's to be considered equaling to US bachelor degree.
    Last month my I-140 was filed and today I got Intent to Deny notice.
    My PREM was filed under EB2 category and here is reason for notice

    On ETA Form 9089, the petitioner required, at a minimum, a prospective employee would have the following qualifications:

    - Employer will accept as equivalent to a U.S. Bachelor's degree a combination of diplomas, degrees or certificates determined to be equivalent to a U.S. Bachelor's degree by a professional credentials evaluation service.

    The minimum requirement for the position are less than an advanced degree as it does not require a united States academic or professional degree or a foreign equivalent degree above that of a baccalaureate. In addition, the evidence does not show that the position requires a single United States baccalaureate degree or a foreign equivalent degree that requires four (4) years of education followed by five years of progressive experience.

    My attorney is suggesting to refile case under EB3 now.
    Please help what should i do in this case?
    Thanks

  • #2
    From the NOID information you provided it appears that USCIS feels your I140 to not be a EB2 case. Hence, I agree with your attorney's opinion to file under EB3.
    Just an opinion; Not legal advice.

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