Immigration Issues/I-140 denied

Advertisement


Question
Hi Ajay,I did my 3 yr BCA(Bachelor of computer application) then 3yr MCA.Received REF on I-140 related to education. then attorney replied then with professor evaluation, later received I-140 denial. I am waiting for denial explanation but I suspect it might have denied on the same reason.
My H1B max out(6yrs) is in Jan 2017.
Can you please help me with what are the options available for me to stay in US and best way to get the I-140 approved.

Answer
Hi,

Based on the 3 year undergraduate degree, your particular educational background is generally equivalent to a 4-year U.S. bachelor's degree for PERM and if PERM was filed as an EB2 instead of EB3 position, that is a possible reason for I-140 denial.

In any event, there is a tradeoff in filing an appeal, which will allow you to extend H1B beyond 6 years in one year increments while the appeal is pending versus the disadvantage of an appeal filing, namely that another PERM application cannot be filed through the same employer if an appeal is filed. The ultimate decision will be made with the input of your current immigration attorney.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.