labor cert OK - I-140 denied?

my labor certification was approved with my credentials on the application however, the INS has denied my I-140 petition saying I don't meet the requirements of the labor certification. Has anyone else experienced this? It would seem if the Labor Department approved me for the Labor Certification the INS would accept their findings - can anyone shed any light on this?
Thanks

my labor certification was approved with my credentials on the application however, the INS has denied my I-140 petition saying I don't meet the requirements of the labor certification. Has anyone else experienced this? It would seem if the Labor Department approved me for the Labor Certification the INS would accept their findings - can anyone shed any light on this?
Thanks

[Umesh Passi]

You should seek services of some good Immigration Attorney who has specialization in such cases.
Good luck.

Thanks Umesh, I am working with an attorney but he does not seem to think there is anything we can do about it - the INS can make the final decision regardless of the Department of Labor's findings. Am I correct in assuming that the Department of Labor is deciding if the position is worthy of the Labor Certification rather than the person in line for the position? I am thinking this might be the case as I understand that a Labor Certification can be portable to another applicant. Any thoughts?

Unless your I-140 has been denied with prejudice, then you can file a second petition. A second petition should state your credentials and why you satisfy the requirements of the labor certification.

The labor certification is preliminarily approved by the DOL, but the INS has the final say by approving or denying the I-140.

The labor certification can be used for another employee with similar qualifications. The labor certification belongs to the employer, rather than the employee. The DOL certifies the position, not the person filling it.

info@myronmorales.com

Thanks for your input Myron. My petition was denied because the Labor Certification said the position required a 4 year degree - same job description as my H1B paperwork 5 years ago. The problem is that the INS accepted my work experience (one year college credits plus 9 years experience) towards the 4 year degree requirement for my non-immigrant H1B visa but now say that they do not have to accept the 'equivalency' for an immigrant visa. I just wish I had known they would not accept it because I probably would not have filed the I-140 for this particular position. I believe you are correct that the Labor cert just means the job can't be filled by anyone else at this time rather than that I am the right candidate for the position. I wish my attorney would have advised me that my petition would not fly. Oh Well - I will know for next time

You can get your work experience evaluated by Education Board, if they certify your experience towards 4 years degree, INS has to accept it.

Thanks for your suggestion Mahon but I included an evaluation report with the I-140 petition which stated that my experience plus education was equivalent to a four year degree in the required field. The denial from the INS says " Neither the statute nor the regulations provide for the consideration of a degree equivalency in an immigrant petition." So I am afraid they do not have to accept it if they choose not to.
I understand they can and do accept it for a non-immigrant visa but for an immigrant visa it is a completely different story.

Thanks for your suggestion Mahon but I included an evaluation report with the I-140 petition which stated that my experience plus education was equivalent to a four year degree in the required field. The denial from the INS says " Neither the statute nor the regulations provide for the consideration of a degree equivalency in an immigrant petition." So I am afraid they do not have to accept it if they choose not to.
I understand they can and do accept it for a non-immigrant visa but for an immigrant visa it is a completely different story.

thats true.
can you check the requirement of LC ? sometimes in qualification section it says : 4 years degree or equivalent required. if its not under your job requirement then you are helpless.

Hi Mohan, we put 'Bachelors degree or equivalent' under Question 14 of the ETA-750 in the box marked 'College degree required' but we also put in the box next to it marked 'college' - 4 - as in years of. I didn't think much of it at the time - I knew I didn't actually have a degree and so did my attorney but I am know thinking that we should have been much more specific - the INS would no doubt rule that we meant a degree equivalant to a bachelors (ie a foreign degree) when I assumed we meant equivalent as in the 'equivalent' we used for the HIB. I had no idea (and apparently nor did my attorney) that we could not use equivalency for an immigrant visa. I have missed the 30 day cut off to dispute or appeal the denial - even if I can prove my case, is there any other way after 30 days to appeal? Do I just have to start over with a new and more specifically worded ETA-750 and a new LCA? Any thoughts?