schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
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Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
JunRN
08-21 11:38 AM
Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
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sanju_dba
01-04 12:12 PM
i would prefer to be a documentary instead of a feature film!
more...
pnjbindia
10-08 03:46 PM
There is no way to delay it. The only thing you could have done was, NOT send a document like employment letter, or didnt complete all vaccinations for medical. This wd generate an RFE, but at least wdnt catch you by surprise....
No. Is there any way to get it delayed till my marriage ?
No. Is there any way to get it delayed till my marriage ?
vts31
10-20 02:53 AM
about painter.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
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admin
05-18 11:21 AM
CNN-IBN covered our Issues at the Meet and Greet Event in Washington DC. Here is the full story -
http://www.ibnlive.com/videos/fullbvideo.php?id=10788
http://www.ibnlive.com/videos/fullbvideo.php?id=10788
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LayoffBlog
01-27 01:32 PM
Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)
More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)
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travellertvr
03-22 02:57 PM
hpandey,
Thank you for your reply. Yes, new H-1B comes with new I-94.
Thank you for your reply. Yes, new H-1B comes with new I-94.
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waitin_toolong
07-27 09:37 AM
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
more...
perm2gc
08-30 12:50 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
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rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
more...
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sumant18
07-17 08:03 PM
Today (7/17/08), I received a reply from USCIS by mail in response to an "expedite" service request I opened with regards to my biometric finger printing on last Friday (7/11/08).
Under the heading of status, the letter says:
"Due to the high volume of expedite requests of this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
While your situation appears serious, you have not provded evidence of an extreme emergent need.
A request for finger prints will be sent.
XM0625"
Although the first part says that I have not submitted the evidence, the last but one line above contardicts somewhat, in that it says that the fingerprinting request WILL BE SENT.
Anybody have any idea what this means? Should I be looking forward to somethig or call USCIS? Does "XM0625" mean anything or is is some system generated code?
Under the heading of status, the letter says:
"Due to the high volume of expedite requests of this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
While your situation appears serious, you have not provded evidence of an extreme emergent need.
A request for finger prints will be sent.
XM0625"
Although the first part says that I have not submitted the evidence, the last but one line above contardicts somewhat, in that it says that the fingerprinting request WILL BE SENT.
Anybody have any idea what this means? Should I be looking forward to somethig or call USCIS? Does "XM0625" mean anything or is is some system generated code?
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samuel5028
04-05 05:35 AM
If its illegal, then you have to consult an attrony.
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kondur_007
07-30 09:56 PM
then you are in a good shape. Make sure you keep ur employer and attorney aware of everything.
Good luck.
Good luck.
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lostinbeta
10-03 02:00 PM
horrific....... um...... ok...... if you say so :P
Alright dude, I gotta go now. I can't spam anymore. My girlfriend awaits :)
Alright dude, I gotta go now. I can't spam anymore. My girlfriend awaits :)
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GCWarrior
04-16 02:25 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
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buehler
07-27 09:11 AM
Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site
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singhsa3
07-12 09:20 AM
Remember green card is a privilege and not a right. But your waiting period idea is well taken.
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
gcformeornot
08-21 10:59 AM
Is this anything to do with PD?
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
solaris27
08-15 08:58 AM
http://boards.immigration.com/blog.php?b=36
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