quizzer
09-27 02:12 PM
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
What was your I140 receipt date at NSC?
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
What was your I140 receipt date at NSC?
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Better_Days
03-26 03:39 PM
Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?
I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
I feel like this is an example of how messed up this country is becoming. I used to work in Dubai and you need to show a copy of your visa page and employer letter for things like
1. Getting an internet connection . I kid you not: DSL became available thru Etisalat and I needed a copy of my visa page before I could get an internet connection,
2.Driver's License. This one takes the cake: I needed a letter from my employer stating that HE IS OK WITH ME APPLYING FOR A DRIVING LICENSE. Not an EVL but an EAL (Employer Authorizing Letter)
What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.
I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
I feel like this is an example of how messed up this country is becoming. I used to work in Dubai and you need to show a copy of your visa page and employer letter for things like
1. Getting an internet connection . I kid you not: DSL became available thru Etisalat and I needed a copy of my visa page before I could get an internet connection,
2.Driver's License. This one takes the cake: I needed a letter from my employer stating that HE IS OK WITH ME APPLYING FOR A DRIVING LICENSE. Not an EVL but an EAL (Employer Authorizing Letter)
What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.
gc??
04-22 01:30 PM
what are the "legal types" of clothes ;)
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prakgc
07-26 01:07 PM
According to the pattern the next one is due tomorrow,
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
The last link (Times27..) one doesn't open btw
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
The last link (Times27..) one doesn't open btw
more...
Maverick1
10-09 09:02 PM
you can directly go to USCIS website and take printout of your approved I-140.
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
cnndwag
09-27 09:13 PM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
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mmj
04-22 10:34 AM
Thanks hiralal for keeping this thread going - Whats up people - This is the simplest thing that you can do for yourself.
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
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FrankZulu
08-13 10:50 PM
My Treasurer's Check will be void after 90 days of issued date.
Check Issued On: Jun 14th
Applied AOS On: July 5th.
Check Expires On: Sep 13th
Am seriously thinking of applying new AOS without medical exam, EAD & AP after consulting with my lawyer.
IV Core, any input from USCIS on such issue. Please running out of days.
Check Issued On: Jun 14th
Applied AOS On: July 5th.
Check Expires On: Sep 13th
Am seriously thinking of applying new AOS without medical exam, EAD & AP after consulting with my lawyer.
IV Core, any input from USCIS on such issue. Please running out of days.
more...
kevinkris
11-20 06:14 PM
We filed our AOS, EAD and AP on Aug 13th at NSC. We are from Santa Clara county in california. I heard that people from santa clara are getting FP's very late?
We have got our Receipts on Sept 30 and EAD on Oct 28th. No FP and AP yet.
My question is how to create service request?
We are planning out of country. Just waiting for this FP to be done.
Can we postpone FP for a specific period of time?
Thanks,
Kris
We have got our Receipts on Sept 30 and EAD on Oct 28th. No FP and AP yet.
My question is how to create service request?
We are planning out of country. Just waiting for this FP to be done.
Can we postpone FP for a specific period of time?
Thanks,
Kris
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howzatt
07-19 09:58 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
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kode
02-10 10:11 AM
thank you very much legoman =)
and thank you to those who voted for me :)
and a another thank you to eilsoe since hosting the kastle ;) i wanted to say it before but i completely forgot .. sorry :-\
and thank you to those who voted for me :)
and a another thank you to eilsoe since hosting the kastle ;) i wanted to say it before but i completely forgot .. sorry :-\
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Almond
07-17 09:38 AM
It is not. You may need to refresh your page.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
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ashshef
11-02 03:48 PM
I guess might as well as pitch in.
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
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gauravsh
02-21 01:22 PM
I worked at a university and I140 approved TSC/AOS at TSC
Sorry for my ignorance but what is TSC/AOS at TSC?
Did you got your GC yet?
My I140 got approved in sep'08 and I am a permament employe for a american company.
Sorry for my ignorance but what is TSC/AOS at TSC?
Did you got your GC yet?
My I140 got approved in sep'08 and I am a permament employe for a american company.
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pcjandyala
08-05 11:08 PM
Please see the signature
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485Question
10-11 04:29 PM
We are working for the better legal immigration system for the people who are suffering, including like yours.
Welcome and support us.
Welcome and support us.
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gc_chahiye
12-18 08:11 PM
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
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nozerd
01-17 05:57 PM
I have also contacted a lwyer who is different from my company lawyer. She has offered to put my case forward to USCIS (not WOM) for $ 300. She said they have means of bringing the case to their attention if its fallen through the cracks.
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?
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eilsoe
02-03 06:24 AM
:phil: heehee...
cpolisetti
04-03 02:11 PM
DOne.
Done !
Done !
Saralayar
07-27 01:47 PM
Why do you keep calling them everyday? What is the urgency of getting receipts?
This is the attitude of our guys. So desperate. The agents get irritated because of this.
This is the attitude of our guys. So desperate. The agents get irritated because of this.
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