EB2 - I140 Denied - Education Eval Mistake by lawyer - Appeal pending
I have "4 year, Bachelor of Engineering Degree" from India. I am working full time at a big retailer.
Labor got approved - April 2010
I140 Applied – April 2010
Mar 2011 - I-140 denied stating that I do not have the equivalent of a US Bachelors.
I spoke to the lawyer and re-looked at the documentation found that the education evaluation was done incorrectly and marked my degree as 3yr degree. The lawyer got another evaluation done and corrected it and filed an appeal and its pending with AAO office.
I have about 1.5yrs left on my H1.
What are my options here?
1) Can I apply a new l-140 with the already approved labor instead of waiting?
2) Can I file a new labor while the current one is pending at the AAO? Lawyer tells me you cannot apply one more labor for the same position from the same company. Can anyone validate.
3) Since it’s a mistake in the documentation, wait for 30months, and hope it gets approved. (Does this really take the amount of time?)
Thanks in advance!!!
I have "4 year, Bachelor of Engineering Degree" from India. I am working full time at a big retailer.
Labor got approved - April 2010
I140 Applied – April 2010
Mar 2011 - I-140 denied stating that I do not have the equivalent of a US Bachelors.
I spoke to the lawyer and re-looked at the documentation found that the education evaluation was done incorrectly and marked my degree as 3yr degree. The lawyer got another evaluation done and corrected it and filed an appeal and its pending with AAO office.
I have about 1.5yrs left on my H1.
What are my options here?
1) Can I apply a new l-140 with the already approved labor instead of waiting?
2) Can I file a new labor while the current one is pending at the AAO? Lawyer tells me you cannot apply one more labor for the same position from the same company. Can anyone validate.
3) Since it’s a mistake in the documentation, wait for 30months, and hope it gets approved. (Does this really take the amount of time?)
Thanks in advance!!!
http://www.uscis.gov/USCIS/Outreach/...%20_040711.pdf
This issue is addressed in the above Q&A.