I-140 denied, received an offer from Europe. What to do?
Feb 26th 2018, 4:20 pm
#1
Forum Regular
Thread Starter
Joined: Jun 2016
Posts: 34
I-140 denied, received an offer from Europe. What to do?
Hi everybody,
I'm back to this forum after a while as I am having issues with my GC process and I was wondering if you can suggest what to do. I moved to the US a few years ago with an H1B as I was offered a position at a US University. After a few months, my employer started a new petition for my green card through the EB-2 process. The PERM approval was notified and the application for I-140 was filed shortly after. USCIS issued a RFE, asking for further documentation showing that I had the minimum requirements for the position: the main issue was that the position required a PhD in sociology or related fields and my PhD was not considered to be included in those related fields. We replied to the request for evidence providing a letter from the Dean of the University where I earned my PhD, a letter from the Chair of my department and a letter of support from an expert professor hired by an external company to confirm my credentials. Unfortunately that was not sufficient and the I-140 was denied for not meeting the minimum requirements of the position. I have now filed a new I-140 as the legal department of the university advised against appealing: according to their point of view, in most cases appeals tend to be unsuccessful and they take a lot of time to be processed. We have provided updated documentation in support of the new I-140 petition and the decision is still pending.
I have now received an offer from a company in Europe and I really don't know what to do: I can't find any evidence online about the chances to get the second I-140 approved provided that the first one was denied for lack of qualifications. I was thinking of paying the premium processing fee but the offer expires in one week and it can take up to 15 calendar days to receive a response from USCIS. If this I-140 is denied I cannot submit a new application with the same PERM so I guess I will need to follow a completely different route and I'm not sure I want to be stuck in uncertainty for such a long period of time.
Any suggestions/ideas?
I'm back to this forum after a while as I am having issues with my GC process and I was wondering if you can suggest what to do. I moved to the US a few years ago with an H1B as I was offered a position at a US University. After a few months, my employer started a new petition for my green card through the EB-2 process. The PERM approval was notified and the application for I-140 was filed shortly after. USCIS issued a RFE, asking for further documentation showing that I had the minimum requirements for the position: the main issue was that the position required a PhD in sociology or related fields and my PhD was not considered to be included in those related fields. We replied to the request for evidence providing a letter from the Dean of the University where I earned my PhD, a letter from the Chair of my department and a letter of support from an expert professor hired by an external company to confirm my credentials. Unfortunately that was not sufficient and the I-140 was denied for not meeting the minimum requirements of the position. I have now filed a new I-140 as the legal department of the university advised against appealing: according to their point of view, in most cases appeals tend to be unsuccessful and they take a lot of time to be processed. We have provided updated documentation in support of the new I-140 petition and the decision is still pending.
I have now received an offer from a company in Europe and I really don't know what to do: I can't find any evidence online about the chances to get the second I-140 approved provided that the first one was denied for lack of qualifications. I was thinking of paying the premium processing fee but the offer expires in one week and it can take up to 15 calendar days to receive a response from USCIS. If this I-140 is denied I cannot submit a new application with the same PERM so I guess I will need to follow a completely different route and I'm not sure I want to be stuck in uncertainty for such a long period of time.
Any suggestions/ideas?
Feb 26th 2018, 5:34 pm
#2
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-140 denied, received an offer from Europe. What to do?
It is not a chance based process and the outcome is very specific to your situation, having failed once is not exactly that positive, depends on the quality of the new application.
Feb 26th 2018, 10:00 pm
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: I-140 denied, received an offer from Europe. What to do?
Does your new application meet the requirements?
The lawyer working on your application should know, .... or are they just having another shot and hoping to get lucky?
The lawyer working on your application should know, .... or are they just having another shot and hoping to get lucky?
Feb 26th 2018, 10:58 pm
#4
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: I-140 denied, received an offer from Europe. What to do?
Plenty of folk have gone on to succeed with a 2nd I-140, if you are positive beyond doubt that the shortcomings of the original I-140 have been addressed based on the same PERM (should be a fairly logical deduction given you know why the 1st failed) I would pay. Otherwise it could be 4-6 months before adjudication, or even longer. Or not bother at all and go for the Europe offer.
