sparklinks
07-27 02:27 PM
From Murthy..
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
wallpaper Jensen Ackles
masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
decastod
05-15 01:12 PM
All,
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
2011 #39;jensen-ackles-g1.jpg
mailsunnydeol
07-22 01:35 PM
Here are my details on EAD renewal:
Type: e-filed
Self:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/21/08
AD: 07/21/08
Wife:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/16/08
AD: ?
Type: e-filed
Self:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/21/08
AD: 07/21/08
Wife:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/16/08
AD: ?
more...
kumar_77
05-15 09:41 AM
This Is Good for every one , as People With Phd's and Masters degrees will be eliminated from 140K Cap ..which will defenetly double the number of green cards for EB3 ......hope this works
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
vinabath
05-15 10:46 AM
I dont think Ron Hira has ever worked in IT side or on the HR side. Whats wrong if people for pursue for Masters or Phd for GC?. This Guy does not have any idea about the value this techs bring.
He is in the wrong position. He should never be in Public Policy board.
He is in the wrong position. He should never be in Public Policy board.
more...
ivgclive
12-21 12:43 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
You can "bombard" only when there is any space or they care about space.
Try every consulate/embassy's phone numbers, you can't even leave a VOICE MESSAGE.
You send an email to the email addresses, even your 5th generation great grandson won't get a reply.
You can "bombard" only when there is any space or they care about space.
Try every consulate/embassy's phone numbers, you can't even leave a VOICE MESSAGE.
You send an email to the email addresses, even your 5th generation great grandson won't get a reply.
2010 Jensen Ackles
gc_nebraska
03-26 11:44 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
more...
bkarnik
04-01 03:49 PM
Sent faxes. I called my friends and encouraged them to sign up as well. Lets see and hope for the best.
hair Jensen Ackles and Danneel
sunny1000
05-15 01:07 PM
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
I
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
more...
Springflower
11-09 11:47 AM
All the July 2007 filers who are waiting for FP notice and did not open SR, please sign up here.
It helps us to know how many poeple are waiting for FP notices optimistically
without filing a Service Request.
Ours (mine & my wife's) is a july 6th filing. Waiting for FP notices.
Did not file any Service Request.
Please post your replies irrespective of the 'Service Center' your case has been sent to.
Your responses will be appreciated.
Thank you.
-----------------------------------------------------------------
Till now Contributed $150. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Receipts received: 09/12/2007
EAD & AP received: Sept 14, 2007
FP : ?
-----------------------------------------------------------------
It helps us to know how many poeple are waiting for FP notices optimistically
without filing a Service Request.
Ours (mine & my wife's) is a july 6th filing. Waiting for FP notices.
Did not file any Service Request.
Please post your replies irrespective of the 'Service Center' your case has been sent to.
Your responses will be appreciated.
Thank you.
-----------------------------------------------------------------
Till now Contributed $150. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Receipts received: 09/12/2007
EAD & AP received: Sept 14, 2007
FP : ?
-----------------------------------------------------------------
hot and Jensen Ackles Pics
gc_bucs
04-01 06:09 PM
sent fax # 11
more...
house photo of jensen ackles
aadimanav
05-14 08:56 PM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=government&articleId=9085658&taxonomyId=13&intsrc=kc_top
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
tattoo Jensen Ackles 4
sidm
04-10 12:11 AM
Damn, man it feels like you are reading my mind.
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
America was built by immigrants who came here with no sense of entitlement...just hope.....whether it was the Jamestown settlers....the Bavarian farmers....the Irish escaping the potato famine....the East Europeans fleeing communism.....and the recent Indian, Chinese, Japanese and other Asian populations looking to escape corruption and nepotism back home....
I fail to see how people these days forget this....one of my good friends acknowledges that his grandparents came as refugees fleeing strife in Europe but at the same time curses immigrants for the current woes.....and this guy is not a racist....an entire generation has been brought up to use the i-word as the substitute for the n-word since that is now politically incorrect....:mad:
Like the Klan leaders of yesterday, the Lou Dobbs of today never desist in blaming the 'immigrants' for everything....:(
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
America was built by immigrants who came here with no sense of entitlement...just hope.....whether it was the Jamestown settlers....the Bavarian farmers....the Irish escaping the potato famine....the East Europeans fleeing communism.....and the recent Indian, Chinese, Japanese and other Asian populations looking to escape corruption and nepotism back home....
I fail to see how people these days forget this....one of my good friends acknowledges that his grandparents came as refugees fleeing strife in Europe but at the same time curses immigrants for the current woes.....and this guy is not a racist....an entire generation has been brought up to use the i-word as the substitute for the n-word since that is now politically incorrect....:mad:
Like the Klan leaders of yesterday, the Lou Dobbs of today never desist in blaming the 'immigrants' for everything....:(
more...
pictures Jensen Ackles Supernatural
pooja_34
12-21 06:28 PM
DOES ANYBODY KNOW HOW TO GET IN TOUCH WITH MEERA SHANKAR, Indian Ambassador to US.
dresses Jensen Ackles
psolanki
07-06 03:09 PM
http://timesofindia.indiatimes.com/?
more...
makeup This The Jensen Ackles Ring
chtting2me
10-09 07:43 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
Can some on advise me !
girlfriend jensen ackles dating jessica
smuggymba
05-12 11:35 AM
Hispanic community has unity. EB Community has factured groups, each intenet on their narrow goals and aspirations. There is no use commenting on and comparing Hispanic comunity with legal community. Every illegal fights for all the illegals where as every EB immigrant fights for himself and by extension his/her group be it preference category or country category
.................and EB community doesn't even donate 50 dollars for the advocacy event. Did you contribute now that you're giving a lecture.
.................and EB community doesn't even donate 50 dollars for the advocacy event. Did you contribute now that you're giving a lecture.
hairstyles Jensen ackles eddie g
glen
05-25 12:36 PM
Met3259, thanks for informative post. I for sure was not aware.
Springflower
01-28 01:42 PM
We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
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.
No comments:
Post a Comment