mrane1
09-26 03:01 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
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nitinms
06-27 04:57 PM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Yes, everyone will wait and file on July 1st.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Yes, everyone will wait and file on July 1st.
mallu
11-30 01:27 PM
http://www.durrani.com/docs/FBI%20Process.pdf
It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.
It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.
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abhijitp
07-08 07:50 PM
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
more...
harish
11-29 07:55 PM
I'm wondering where did you get this information?
From here.... http://www.ilw.com/immigdaily/
From here.... http://www.ilw.com/immigdaily/
crystal
08-21 10:05 AM
I think That is correct. If they use ur money to labor filing preparation they cannot sell it others for sure. But be sure to have enough proof for about what you going to complain.
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
more...
rghrdr777
08-10 12:31 AM
PD: April 1, 2004 (EB2-I)
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
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jsb
01-05 03:00 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
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WaldenPond
03-16 12:20 PM
Here are comments from Senator Specter about the developments.
http://www.bloomberg.com/apps/news?pid=10000103&sid=ag6IQySOv77w&refer=us
http://www.bloomberg.com/apps/news?pid=10000103&sid=ag6IQySOv77w&refer=us
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goel_ar
11-10 11:35 AM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
more...
paragpujara
11-29 12:09 PM
Nah Man. No FP yet. I called USCIS last week and customer service said they have sent some notice and she was not sure about the type of the notice. I will wait till this Friday and will try to contact USCIS again on Monday. Will keep you posted. Also I didn't file DHS 7001.
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
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obviously
03-21 01:01 PM
http://immigrationvoice.org/forum/showthread.php?t=3361&page=2
Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.
Obviously
Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.
Obviously
more...
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njboy
11-02 09:25 PM
If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..
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himu73
10-01 09:08 PM
as you said mine is same case. My wifes 140 approved from NSC so I guess the application will move back to NSC.
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
more...
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H1B-GC
12-04 03:54 PM
Fellas,
Found this news clipping on an Indian newspaper Today. Below is the Link to the news Article and what it says.It's naive to conclude its gonna happen overnight but the issue of getting back our Social security is catching up!!
New Delhi, Dec. 4: India and the United States will discuss the issue of a totalisation agreement next week to allow Indians working in America to avail of social security benefits that they pay while working in the United States. Visiting US secretary, US under-secretary for international trade, Franklin L. Lavin said, United States and India are trying to reach a closure on the matter and the United States will be taking up the matter next week.
Speaking at a function, held in the capital on Monday by the Confederation of Indian Industry (CII), Mr Lavin, who is heading the largest-ever US delegation to India of 250 companies, also revealed that the United States has approved the opening of a consulate in Hyderabad to encourage business with the State.
Noting that the US was looking at various ways to make business with India easier, Mr Lavin said, the idea was to have an independent economic relation. �We have consistently said that companies have to be serious about doing business with India on a standalone basis. It is not a question of whether to invest in India or Brazil or China, but a necessity. We want to make it easier to do business with India,� Mr Lavin said.
On the Doha round of talks of the World Trade Organisation, Mr Lavin said, �We can expect an outcome if Brussels, New Delhi and we, each show our willingness to take things forward.� He also said that several initiatives have resulted in greater Indo-US business cooperation.
These include the Open Skies Agreement in civil aviation, as a result of which passenger traffic has increased 60 per cent in the last one year, reduction of tariffs on industrial goods, a raise in investment caps in retail by India and efforts to liberalise entry of foreign education institutes. Mr Lavin, however, pointed out that there are a number of challenges facing India-US business ties.
Link:
http://www.deccan.com/Nation/NationalNews.asp#Hyderabad%20to%20get%20US%20consu late%20soon
Found this news clipping on an Indian newspaper Today. Below is the Link to the news Article and what it says.It's naive to conclude its gonna happen overnight but the issue of getting back our Social security is catching up!!
New Delhi, Dec. 4: India and the United States will discuss the issue of a totalisation agreement next week to allow Indians working in America to avail of social security benefits that they pay while working in the United States. Visiting US secretary, US under-secretary for international trade, Franklin L. Lavin said, United States and India are trying to reach a closure on the matter and the United States will be taking up the matter next week.
Speaking at a function, held in the capital on Monday by the Confederation of Indian Industry (CII), Mr Lavin, who is heading the largest-ever US delegation to India of 250 companies, also revealed that the United States has approved the opening of a consulate in Hyderabad to encourage business with the State.
Noting that the US was looking at various ways to make business with India easier, Mr Lavin said, the idea was to have an independent economic relation. �We have consistently said that companies have to be serious about doing business with India on a standalone basis. It is not a question of whether to invest in India or Brazil or China, but a necessity. We want to make it easier to do business with India,� Mr Lavin said.
On the Doha round of talks of the World Trade Organisation, Mr Lavin said, �We can expect an outcome if Brussels, New Delhi and we, each show our willingness to take things forward.� He also said that several initiatives have resulted in greater Indo-US business cooperation.
These include the Open Skies Agreement in civil aviation, as a result of which passenger traffic has increased 60 per cent in the last one year, reduction of tariffs on industrial goods, a raise in investment caps in retail by India and efforts to liberalise entry of foreign education institutes. Mr Lavin, however, pointed out that there are a number of challenges facing India-US business ties.
Link:
http://www.deccan.com/Nation/NationalNews.asp#Hyderabad%20to%20get%20US%20consu late%20soon
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kshitijnt
06-12 03:38 PM
Negative testimony can be used by some to harp on issues or get some leverage. However let the truth be there. Not everyone will be happy with legal immigration reform. But in the end, support for these reform is good from business and the immigrants and they are the ones impacted. So I dont think whether republicans or democrats they will politicize the issue. CHC caucus members may considering its sour grapes for them.
more...
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kerstbrd
07-04 05:55 PM
This sounds like a mastercard sponsored thread
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naveenkprasadam
04-13 12:35 PM
I got this crazy ideas earlier this week something like hiring a billboard space or some advertisement space in a popular newspaper.But this one is pretty sophisticated.
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Openarms
06-05 02:29 PM
I dont think so. I believe that EB3 I would get the bare minimum they should get in a year if not more.
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
1) Ron did not say that very few EB3-Ind approvals.
2) Why should EB3-Ind get less approvals?
3) If USCIS approved less, why did DOS state that visas are used up already? that is the point here
4) Is there any discrepancy between USCIS and DOS??
5) Is this something Immigration community can look into?
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
1) Ron did not say that very few EB3-Ind approvals.
2) Why should EB3-Ind get less approvals?
3) If USCIS approved less, why did DOS state that visas are used up already? that is the point here
4) Is there any discrepancy between USCIS and DOS??
5) Is this something Immigration community can look into?
darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
GCard_Dream
12-13 03:27 PM
:D I am with you on this.
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
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