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I-140, EB2 got denied and I m in 6th Year of H1B- Please help

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Posted by nill82 (1) 05 May 2011#1
Hello All Gurus

I have filed my Labor (ETA 9089) in Aug 29 2010, which got approved in skill level II with minimum required Masters in Electronic or Equivalent. Labor approved with validity from 10/19/2010 to 04/17/2011

Than we filed I 140 in November 2010 in EB 2 with my BSC(3 year in Electronic) + MSc(2 year as master of Electronic) We added evaluation from Morningside Evaluation consulting New york which stat my degree is equivalent to Master of Science in Electronics. I have Degrees from India.

We file this in Nebraska Center.

Now my I 140 got denied on April 28 2011(Last Week) with reason like my degree is not equivalent to 3 + 3 and so it is not Master and also the Labor is only approved for Master not for other degree or equivalent experience.

Now I m in 6th year of my H1B and it is expiring in Sep 31 2011.

My questions to gurus are.


1> If we file MTR can we able to file for H1 B 7th Year Extension and able to get it approved or not.
2> If we file AAO can we able to file H1 B 7th Year Extension as AAO take 6 to 10 month to get approved.
3> Can I able to file new I 140 in EB3 as Premium or not? If I file what is the chance to get it approved as my labor already expired on 04/17/2011 plus labor is approved based on Masters or Equivalent.
4> What other Option I Have to stay on H1 B in 7th Year.
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Posted by VATiger (18) 15 Feb 2012#2
Hi Friend, I am in the same boat and i was wondering how did you respond to this issue? Did you file MTR and if yes did you get an approval? How long did MTR process take? any advice for me on this issue would be really helpful
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Posted by soumyasaha21 (19) 24 Mar 2012#3
to VATiger:

Hi Friend,
I am in same boat and need yours kind help and suggestion.
How can I contact you
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Posted by soumyasaha21 (19) 24 Mar 2012#4
to nill82:

Hi Friend,
I am in same boat and need yours kind help and suggestion.
How can I contact you
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Posted by VATiger (18) 24 Mar 2012#5
to soumyasaha21:

Soumyasaha21... You can reach me at vatiger2575@yahoo.com .....
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Posted by mirage111 (16) 30 Sep 2017#6
to nill82:

What happened in your case , did you get 7th year extension based on the MTR/appeal ?
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Posted by BePositive77 (87) 03 Oct 2017#7
"Than we filed I 140 in November 2010 in EB 2 with my BSC(3 year in Electronic) + MSc(2 year as master of Electronic) We added evaluation from Morningside Evaluation consulting New york which stat my degree is equivalent to Master of Science in Electronics"

The evaluation seems wrong to me to begin with. How can 3+2 years be equivalent to 4+2 which is what it takes to get MS degree in USA.? I know of some cases like yours (3+2) where the evaluation shows them equivalent to Bachelors in US.
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