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I-140 denial after DOL accepted applicant

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  • Guest's Avatar
    Guest replied
    yes, you can initiate an appeal process and/or several motion to reconsider your case. Check out this link:
    http://www.immigration.gov/graphics/...pealDenial.htm

    The problem is there's no telling how long these appeal process will take, and the end result could just be another denial. I'll be more inclined to restart the AOS process again with a new labor certification.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    thank you

    You say "hard" does that mean there is a way of overturning BCIS ruling ?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Not AFAIK. BCIS reserve ruling based on their interpretation. But judging from the wording of "4years degree AND 4years experience", it'll be hard to overturned BCIS decision if you indeed doesn't have the degree.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I have been issued a denial by DHS because I have 20 years experiance but not a 4 year degree. The labor cert stated 4 year degree and 4 years exp. This was approved by DOL. DHS does not agree. Is there an operating instruction / case law that states DHS/INS have to accept DOL findings and therefore allow the I-140?
    Thanks

    Leave a comment:


  • Guest's Avatar
    Guest started a topic I-140 denial after DOL accepted applicant

    I-140 denial after DOL accepted applicant

    I have been issued a denial by DHS because I have 20 years experiance but not a 4 year degree. The labor cert stated 4 year degree and 4 years exp. This was approved by DOL. DHS does not agree. Is there an operating instruction / case law that states DHS/INS have to accept DOL findings and therefore allow the I-140?
    Thanks
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