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  • I140 denied & sent to AAO. what to do.

    please i need ur advice.
    my husband did mbbs in India. he came here & cleared his step1, 2 ,3 & csa.he did residency program for 3yrs m.d in internal medicine. he's got ECFMG certificate, foreign evaluation services evaluation saying mbbs is equal to m.d in u.s. he got m.d certificate, Florida license & is now practicing in fl.we are in 5th yr H1. our 6 yrs H1 expires on apr 2010.
    In short he's got all proper documents necessary
    we filed labor under EB2 was a simple case but my lawyer complicated it by ticking NO in labor certificate by error or negligence (ETA form 9089) to (Q).IS foreign education equivalent acceptable ?he ticked NO instead of YES.
    in sep we got intent to denial from TSC saying that mbbs is not m.d degree but its old lawyer sent an explanation that mbbs is m.d & sent foreign credential evaluation certificate instead of ECFMG certificate.
    we got a letter for TSC saying they sent our file to AAO & we need to appeal in 30 days.
    now we went to a new lawyer.our new lawyer is saying that tsc may not have noted that the answer to foreign education equivalent acceptable NO cos in their intent to denial they haven't specified anything about it but are concerned about educational evaluation.he's saying still we have 0% chance of winning appeal as he cannot argue 100% that our client is fulfilling all the requirements according to labor certification, as our labor certificate base itself is wrong & we should apply for new labor. but he says we need to file an appeal for extra cushion for 7TH yr H1 extension ,in case we're not able to file labor before apr 2009.
    my question is (1). why to appeal when its got 0% chance & if we cant file labor before apr 2009 ,how can it help us. if AAO denies appeal before we try to extend 7th yr in apr 2010 ,it'll be a waste & moreover if we want to apply for new I 140 ,anyway we need to withdraw our old I140 appeal.But our new lawyer says we need not withdraw our OLD I140 appeal ,when we file for new it true?
    i heard it'll take 3 mons to apply for labor. if so then why appeal when its got 0% chance.. is my lawyer saying to appeal to get his lawyer fees from us.
    (2). can we file our labor before our dead line apr 2009, if we start the process now.will it be any problem in getting labor because of our previous I140 denial.
    (3). can we use labor certification substitute from another employer.i heard that DOS is not allowing labor it true.
    (4). will they be any problem to get approval when we file our new I140 because of old I140 denial.
    when can we apply for 7th yr it true we can apply 6 mons before our h1 expiry date.if so should we apply for extension based on I140 appeal or our new labor
    (5)how can we save our self from further trouble.

  • #2
    Re: I140 denied & sent to AAO. what to do.

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302