niidawg3
01-26 06:01 PM
So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.
My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing
It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.
I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"
Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.
I know i would have lost my job if i made such a life-altering and blatant error!!
I cant believe an Infopass can't resolve this, and I need to go down the MTR route.
My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing
It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.
I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"
Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.
I know i would have lost my job if i made such a life-altering and blatant error!!
I cant believe an Infopass can't resolve this, and I need to go down the MTR route.
wallpaper Be Wild Removable Tattoo
gotgc?
07-20 12:32 PM
Check your PM. This is what i sent.
Hi,
Could you please send me this copy as well?
Thanks a lot!!!
Hi,
Could you please send me this copy as well?
Thanks a lot!!!
cal97
12-03 03:21 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I got an automated response from ombudsman saying that I will have to fill out a formal inquiry in the form of 7001. That's the form to fill out if you want ombudsman to inquire into your case.
I got an automated response from ombudsman saying that I will have to fill out a formal inquiry in the form of 7001. That's the form to fill out if you want ombudsman to inquire into your case.
2011 Starry Tribal Elephant Tattoo
karthiknv143
05-15 12:30 AM
I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...
more...
sixpockets
07-02 04:59 PM
Medical exam = $400
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
more...
bigboy007
11-03 11:37 AM
all it matters is what individual members will vote if we have time we should go and meet our lawmakers who ever runs for president in 2012 will have this in his/her campaign.. but who ever becomes the president its the congress which does the voting and decides the fate of the bills.. only if we have more ppl meeting with each of lawmakers on regular basis we have some future either with CIR or w/o CIR via piecemeal
2010 took their wild tattoos
TwinkleM
07-15 02:29 AM
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
more...
chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
hair of sketches of tattoos or
easygoer
12-04 01:23 PM
was it EB2 or EB3?
It was approved under EB2
It was approved under EB2
more...
jonty_11
11-30 04:11 PM
Well you might be the lucky few, but Discover mostly reject non PR folks. I know 4 guys..including me. But we cannot prove as they never give you a reason. Go figure.
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octoberbloom
01-12 03:27 PM
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
more...
house Wild Tattoo »
eilsoe
02-05 06:27 AM
"stage" a late comeback...? :bad:
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DSJ
06-19 08:53 PM
common guys why are you making it as bigger issue.
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
more...
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Gravitation
12-04 07:20 PM
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
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Almond
11-03 01:03 PM
En tout pays, il y a une lieue de mauvais chemin....Nous devons Le mieux est l'ennemi de bien.
...Please. Show off. :rolleyes:
...Please. Show off. :rolleyes:
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bestia
08-31 03:55 PM
Good Find
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
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yabadaba
05-22 03:04 PM
seriously...quit your job and work at a gas station for a few months...u will be all set
hairstyles is your first tattoo then
mpadapa
05-15 02:23 PM
Please work on the following action item. It is very time critical.
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Ruben Hinojosa
phone: 202-225-2531
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Hilda Solis
202 225 5464
Senator Robert Menendez
202 224 4744
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Ruben Hinojosa
phone: 202-225-2531
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Hilda Solis
202 225 5464
Senator Robert Menendez
202 224 4744
GCneeded
07-13 02:30 PM
Congratulations and Thanks for the contribution.
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.
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