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  • I140 Denial Service notice

    Hi ,

    my I140 status says as per the status in uscis .

    "we mailed you a denial decision notice for this case I140 IMMIGRANT PETITION FOR ALIEN WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of January 19, 2011, please call customer service at 1-800-375-5283 for further assistance."
    Generally Is there any spevific reasons of denial?

    Not sure why it got denied? I spoke with my lawyer regarding this and they said they haven't received any mails from USCIS.
    What could be next step? Can i change employer to start my GC from all over again?

  • #2
    You have to know why it got denied before you take steps like changing the employer. You sure can change employer and restart everything but if the denial is due to your qualifications/experience, it would not help much. Also it depends on what period is left on your current nonimmigrant status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for the information!!
      also I filed my case in EB3 category

      Comment


      • #4
        Do you have a 3 year degree + MCA type set-up? These are prime candidates getting EB2 denials in 140 stage.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          I have done BSc computer science which 3 years degree + 4 years of IT experience shown. If change other employer , I will get 7 years of experience totally since the current experience will not calculate as long as i am in the same employer and filing GC process thereitself. I didnot show some more experience from India as that i could not able to get experience letter which might 2 years. So totally I have 9 years of experience if i change employer.Is that good enough for I140 ?
          Pls suggest me.

          Thanks

          Comment


          • #6
            You can give up your hopes on EB2 under any employer and thank the IO if they approve your I140 in EB3 at least. Gone are those days when these used to get approved. No longer possible.

            Experience credit applies only for H1b and not for GC filing. For H1b, every 3 yrs can be considered to 1 year of study but not for GC.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              ok.

              So With 9 years experience + 3 years degree ,can I file under EB3 with the new employer ?

              what would be basic qualification and experience required for EB2 ?. If I complete MCA which is 3 years with those experience , under which category I can file?
              Pls suggest me
              Thanks

              Comment

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