whattodo
07-27 02:14 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
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mhtanim
11-19 01:51 PM
I never received a transfer notice from NSC, however my wife received a transfer notice long back (some time in Sep')
Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
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07-21 09:03 PM
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wikipedia_fan
04-09 02:42 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.
Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .
Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.
Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .
Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
more...
pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
peacocklover
08-03 07:24 AM
Yes, I agree.. those roaches need to be crushed down with good governance..Unique Identification Authority of India (UIDAI (http://en.wikipedia.org/wiki/Unique_Identification_Authority_of_India)) project is the first step of that process to have transparency to credit system, risk assessment, tax accountability, govt spending, crime control and so many others.. ... I think it will be a reality in next few years. similar development perspective is up with china now..they increased domestic consumption rather focusing only on exports..
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
more...
desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
more...
pady
08-21 10:27 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
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tinku01
02-12 02:37 PM
great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:
more...
sanjose
07-13 03:58 PM
Congratulations !
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
I agree 100%. And send one copy of the news paper clipping to OBAMA !!
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
I agree 100%. And send one copy of the news paper clipping to OBAMA !!
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user2005
06-26 01:19 PM
Hello All,
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
more...
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doggy
07-21 07:41 PM
And you have to fight the Antis online too. I have been doing it for years.
Now they are getting a conference call to "teach" them how to spread propaganda in the comments section of newspapers and blogs!!!
You'll be surprised how racist they are towards Chinese and Indian people, especially when they are discussing amongst themselves in private forums. Not only that, they even malign any sane level-headed Caucasian American who speaks out against their approach.
Now they are getting a conference call to "teach" them how to spread propaganda in the comments section of newspapers and blogs!!!
You'll be surprised how racist they are towards Chinese and Indian people, especially when they are discussing amongst themselves in private forums. Not only that, they even malign any sane level-headed Caucasian American who speaks out against their approach.
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pappu
06-29 09:01 AM
Ok I will file my I1485 only after every immigrant in line gets his/her greencard. Even if it takes 10 years for me I will make that sacrifice. :)
This thread is not helping members. and so it is being closed. Thank you.
This thread is not helping members. and so it is being closed. Thank you.
more...
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tikka
07-06 03:41 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
DUGG
DUGG
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radosav
04-02 03:38 AM
also just now sent fax # 11
more...
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roseball
08-23 11:43 AM
What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
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wcs
03-05 09:32 AM
Hello,
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
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sorcerer666
04-29 01:51 PM
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
prioritydate
08-06 09:21 PM
http://www..com/member/anshu2007/
They are processing cases based on I-140 approval date. It is clear now.
They are processing cases based on I-140 approval date. It is clear now.
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