Mr. K. had held an H1-B visa for six years. Because he was on EAD/Parole, he could not apply for a 7th. He applied for an I-140 and was subsequently denied.
Executive Director Sheila Danzig was able to issue an educational evaluation that indicated that Mr. K’s 3-year degree was the U.S. equivalency of a four-year Bachelor Degree. With the evaluation report and an expert opinion by Professor John Kersey, Mr. K’s attorney immediately filed a motion to reopen his case.
The client’s I-140 was subsequently approved. Our client had the following advice to offer other persons in the same situation:
Apply for MTR/Appeal within 30 days from the date of rejection(please be strict with this time line, even a day delayed will take the case to AAO, which takes like 15 months for a decision, and the decision will mostly likely be negative if you go to AAO).
2. Do NOT send evaluation from two evaluators, I have heard from my lawyer that those cases have been denied stating the reason that evaluations are not exactly similar.
3. Have a Subject by Subject evaluation to prove that you have at least 120 credits (equivalent of US Bachelor Degree).
This worked well for our client!
This article was written by Staff