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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar





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  • uma78
    02-10 08:02 PM
    Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.

    I hope that would be the case. But cannot expect much thinking realistically.

    Uma





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  • Sheila Danzig
    04-19 11:13 AM
    There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.

    As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.

    Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.

    There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.

    I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.





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  • eilsoe
    02-03 03:33 AM
    Ah.. finally placed my vote... :)


    and it was NOT on myself, ask kirupa to check if ya don't believe me :P



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  • cjagtap
    07-07 02:20 PM
    Here is the link to the NY Times Editorial:

    http://www.nytimes.com/2007/07/07/opinion/07sat1.html

    It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .

    The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.





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  • guyfromsg
    07-16 11:05 PM
    expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.



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  • bidhanc
    12-22 03:29 PM
    Sorry partner, I was just sharing info.
    Did not mean to imply you were wrong in any way. :-)

    I merely posted what was on their website. Don't shoot the messenger....





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  • Munshi75
    03-21 11:41 AM
    Pl respond



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  • software7
    05-13 11:38 AM
    Raj,

    Every state has 2 senators. just google to find senators on your state
    go to their websites and their contact details will be ther. You can email or call them.
    Good Luck!!





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  • spicy_guy
    11-07 01:16 PM
    Count me in...

    My tickets / travel (Nov 18th) is at the brink of cancellation.
    RD: 9/2. I raised SR to expedite. Not sure if they accept it.
    Contacted congressman and sent them documents.

    Need to contact Ombudsman.

    Any inputs guys?



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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • MahaBharatGC
    10-08 05:12 PM
    EAD Renewal Filing Date: Sept 12, 2008
    current EAD expired on Sept 30, 2008
    Current Status: Pending:mad:



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  • Libra
    01-11 12:40 PM
    596 members online, but only 12 votes, guys, we can do better than this, it's take only 5 mins to sign a letter and mail it. please do it asap.





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  • redgreen
    11-27 07:03 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!



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  • sanju
    07-06 09:03 PM
    Hopefull,

    Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?

    BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.





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  • pasupuleti
    05-22 03:23 PM
    We should get an amendment to make all H1Bs illegal. so we can easily qualify for this Z visa.

    Actually i see lots of benefits turning into illegal, lets go illegals.



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  • satishku_2000
    05-17 01:15 AM
    Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.

    I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.


    If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.

    Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.

    The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.

    One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.

    what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"

    No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.





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  • se_vnt3
    02-28 02:41 PM
    Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
    you are just telling us your side of a photoshopped story.

    Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.

    Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?

    to make matters worse, you stayed illegally in a country and did not follow the rule of law.

    1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.

    2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.

    3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.





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  • espoir
    07-10 08:36 AM
    Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.





    tiinap
    04-08 04:35 PM
    Very interesting:
    They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!

    We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.

    Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.

    Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?

    The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.

    The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.

    Good luck to everyone in the lottery.





    GCaspirations
    10-01 08:40 PM
    Hello,
    My application was sent on July20th to NSC.
    Today I got a transfer notice saying application is transferred to Texas Service center. question
    1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
    2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
    3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?


    Thanks in advance

    The number starting with A is the Alien registration Number. Should be same as approved I 140.



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