Approved EB2 I140 revoked - AMIE/AMIETE

[niceguy]

NSC has revoked my previously approved I140 from TSC since, now, NSC have strict interpretation of the degrees. Most of my friends got through with EB2 - AMIETE though that was a while back. It is my own LC and PD is 08/23/2001. They sent an intent to revoke notice before denying my case. We replied with very detailed evaluation equating AMIETE to US BS, but they still denied. The whole problem is because of my LC went to BEC and sat there for 5 years before got approved in Jan 2007. I applied another I140 with my MS (from BITS, Pilani and it was Sub LC) which they rejected too since they were not convinced that my MS is equivalent to US Masters.

Now, I am planning to appeal the decision (my own lc), but I didn't get denial notice yet. I want to get evaluation from two more sources and use them when I appeal. One of them I am thinking is WES. Does any one have success with their evaluation for AMIE or AMIETE from WES or any other agency recently? I believe I will have only 15 days to appeal since it is a revoked case.

Subsequent to I140 revokation, my I485 was also denied.

Any other pointers or help greatly appreciated..

[GC4ALL]

Niceguy,
I'm very sorry to hear your case. I can understand the pain you under go with the outcome, after such a long wait. I myself know how difficult it's to finish AMIETE/AMIE ( I'm also a graduate of AMIETE) compared to the regular B.E/B.Tech degree.

I've also applied for I140 but under EB3. I got it approved.

But I don't understand why they were not convinced with M.S (BITS).

Don't worry and don't give up. Go for appeal and we can do something meanwhile. You'll have the support of all our AMIE(TE) community.

[senk1s]

Sorry to hear about that ...

ece - educational credential evaluators

ierf - intl education research foundation
http://www.ierf.org/SFattorneys.asp

I think they all do a rush service for a fee

[ram04]

Hey,

I myself Being AMIE graduate understand your pain. I agree with nice guy doing self study and preperation with not much guidance it is very difficult course to complete.

May be you can try another evaluation agency and do the appeal.
Generally they convert EB 2 t EB3 if they accept the evaluation.
Not sure why they rejected in total, may be they will do so in appeal process.

Best of luck.

GC04
Chicago chapter member

[Ramba]

The problem is not only due to AMIE=US BS, it may be due to the lack of 4 year college level education to complete the bachelor degree. Any appeal wont help you. It is waste of money and energy. (There are so many court ruling on this matter).

Best advise is, if your LC requires MS degree, your US MS degree will help you.

[fumablanc]

Hi

You did not tell whether your LC requires bachelors degree and masters degree. And also did you do three-year full time diploma or two-year intermediate or plus 2. Did you go for in detail course wise evaluation or just degree evaluation? So without knowing complete details one can't help you.

If you LC requires only BS then your AMIETE + MS should be equivalent to BS or more. For that you need to have detailed evaluation including all the subjects. Then the evaluators goes through all the subjects and say the number of subjects you studied and the hours you spent makes them equivalent to BS in US.

I did Diploma in Electrocnics engg + AMIE + MBA. This evaluated as equivalent to BS + MS in US. For the the evaluator went through all the courses and gave a detailed report.

You need not worry as you have nothing to loose. You have MS from one of the reputed institute in India.

Thanks

Murali

[niceguy]

Thanks! all for the quick replies and encouragements.

My labor says Masters + 3 years or BS + 5 years, so it can be used to file only EB2 I140.

Since my earlier I140 was rejected based on my Masters (and my attorneys didn't want to appeal too - I don't why), this time for intent of revoke case, they used AMIE to evaluate to US BS. I have 10+Diploma in Computer Engg+AMIETE+MS. I can not combine more than one degree to evaluate to US BS or Masters for EB2 case. It has to be single source degree for BS and it should not combine experience.

My evaluation for AMIETE to BS was very detailed credit-by-credit and I think it didn't combine experience. I don't know I can again use MS while appealing.

I applied EB3 PERM last month after my attorney kept it pending for 6 months. This is big corporate attorney firm and takes lot of time to respond and I have to go with them for all my cases and can not hire my own attorney.

The appeal helps me to extend my H1 for one more year and before that hopefully I have my EB3 I140 approved or at least PERM be pending for more than year. My H1 is expiring in Jan 2009.

I will talk to those evaluation services tomorrow. I haven't received the denial notice yet and that may give some pointers on how I can respond too.

Again thanks for all the help..

[amsgc]

Good to see you got some help on this forum. Any chance IV can get some help from you here (http://immigrationvoice.org/forum/showthread.php?t=18790)?

Will appreciate it.


Thanks! all for the quick replies and encouragements.

My labor says Masters + 3 years or BS + 5 years, so it can be used to file only EB2 I140.

Since my earlier I140 was rejected based on my Masters (and my attorneys didn't want to appeal too - I don't why), this time for intent of revoke case, they used AMIE to evaluate to US BS. I have 10+Diploma in Computer Engg+AMIETE+MS. I can not combine more than one degree to evaluate to US BS or Masters for EB2 case. It has to be single source degree for BS and it should not combine experience.

My evaluation for AMIETE to BS was very detailed credit-by-credit and I think it didn't combine experience. I don't know I can again use MS while appealing.

I applied EB3 PERM last month after my attorney kept it pending for 6 months. This is big corporate attorney firm and takes lot of time to respond and I have to go with them for all my cases and can not hire my own attorney.

The appeal helps me to extend my H1 for one more year and before that hopefully I have my EB3 I140 approved or at least PERM be pending for more than year. My H1 is expiring in Jan 2009.

I will talk to those evaluation services tomorrow. I haven't received the denial notice yet and that may give some pointers on how I can respond too.

Again thanks for all the help..

[niceguy]

Do I need to use paypal to contribute?

[amsgc]

Thanks for asking
Please click on the following link and it will take you there:
(You can also use your credit card)

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44


Do I need to use paypal to contribute?

[Humhongekamyab]

http://www.bibdaily.com/pdfs/AACRAO%205-8-08.pdf

[rajum02]

I am worrying now I am also AMIETE graduate, 2 months ago My I485 transferd to NSC. my I-140 approved from TSC .

[pkv]

I may also face this issue.

Does anyone know why are cases are transfered between centers?
My I-140 was approved by TSC. I-485 filed at NSC but transfered to TSC? what are chances that it will be transferred back to NSC ?

[survu]

Hi,
There are many AMIETE graduates. If AMIETE degree is not in the USCIS list then we have to do some thing ASAP.


I graduated with AMIETE in 1995. I went for my first H1 stamping in 1998 at Chennai consulate.
My H1 visa got refused. After 9 months INS asks my H1 employer to prove my graduation is equivalent of Bachelors degree.
Again they submitted the proof about AMIETE education evaluation to INS.
INS sent a original letter in I-XXX form saying that ' Chennai consulate pl grant him the H1 visa'.
I took that original copy of I-XXX form and went for H1 visa stamping. Visa office told me that my Original copy of I-XXX form was not attested by attorney and he did not grant me the H1 visa by giving silly reason .
The complete process took 20 months. At that time I was working in Kuala Lumpur.
I got a letter from Chennai consulate, the reason for Refusing H1 Visa is AMIETE is not a recognized graduation by Chennai consulate.
They have some university list, in that AMIETE was not printed.

If AMIETE is not recognized by US consulate then what is the fun in doing AMIETE which is one of the toughest graduation to pass.
In year 2001 , I prepared a strong two page letter with powerful wording about IETE and emailed that letter to 7 major Indian news paper editors and all regional state IETE Chairman( Chennai, HYD, Bangalore, Calcutta, new Delhi etc). Sent my father to meet Chennai- IETE chairman to discuss about this.
I told him if IETE is not going take action, to convey US consulate about its graduation course, I will take injection order from High court to stop the IETE exams.
There is no point for conducting exams if it is not recognized by US consulate.

Chennai IETE chairman spoke to New Delhi office about the criticality of my case and on the next day two people from IETE , New Delhi flew to Chennai.
They contacted Chennai consulate and submitted/faxed all AMIETE recognition certificates to Chennai Consulate.
After 3 months I got a letter from Chennai consulate asking me to send my passport for Visa stamping. I got the H1 visa after two and half years and spent good amount of money during the process.

Please post if you have more information on (NSC and TSC education list for AMIETE).

[nosightofgc]

I am also a graduate of AMIETE. But I did not have any issues with my first visa or subsequent H1B transfers. When I changed the employer in 2001, that company did the evaluation of the degree and proved that AMIETE is equivalent to Bachelors Degree in the US. Further I had to go through a different evaluation when I applied for MBA. This evaluation was done by AACRAO.

By looking at different cases, do I need to start worry about this?

[rajas]

Hi Guys,
I came across this .Pls go thru it , a good attorney may help you

I-140 Revocation Impermissible if Beneficiary is in U.S.

--------------------------------------------------------------------------------

On August 2, 2004, the Second Circuit Court of U.S. Appeals, in the case of Firstland International, Inc. v. Ashcroft, found that the Immigration and Nationality Act does not permit the USCIS to revoke an approved I-140 petition if the beneficiary has entered the United States. This means that, if an I-140 petition is approved and the beneficiary is in the U.S. or comes to the U.S. before the USCIS gives notice that it intends to revoke the I-140 petition, the revocation will not be effective. This addresses only USCIS-initiated actions to revoke I-140s, such as when an I-140 petition is approved and, at some later stage, the USCIS reviews it and comes to the conclusion that the prior approval was in error. In that event, USCIS would issue a Notice of Intent to Revoke, with a very short response time.

This should not be confused with situations in which the employer chooses to revoke the offer of employment and the I-140 petition. The Second Circuit decision in no way limits the power of the employer to revoke the I-140 upon termination of employment.

Note that the Second Circuit has jurisdiction only over Connecticut, New York, and Vermont, which means that other circuits do not have to follow this decision. When a federal circuit court of appeals issues such a decision, it nevertheless can positively impact decisions of other federal courts on a same or similar issue.

[rajas]

Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree
04

Mar

Posted by: Michael Hammond in: H-1(b) News

The AAO, one of the Courts of Appeals in the immigration system, recently approved an EB2 I-140 for an individual with a full MS degree that had been attained following a 3 yr. Bachelor’s program. This is a major victory as the USCIS Service Center (particularly the Nebraska Service Center) had been issuing denials in such cases and had in fact, created their own policy, commonly referred to as the “6 year rule”, requiring that an individual have 6 years of education to gain EB2 approval when using the Masters degree standard. In the AAO decision, the Court ruled that if a credible education evaluator evaluates the Masters degree as the equivalent of a US Masters degree that the preceding education is not relevant. We praise the AAO for its decision striking down yet another, in a long line of Service Center policies that have no basis in any statute or regulation but, are simply overreaching examples of a bureaucracy run amok. It is not believed that there will be in effect on EB2 cases where the basis of the labor certification is a Bachelor’s plus 5 years of experience and the individual holds a 3 year bachelor’s degree. It should also be noted that the Service Centers routinely choose not to follow AAO decisions and your individual case may need to be litigated in order to achieve the desired result.

[niceguy]

Hi Guys,
I came across this .Pls go thru it , a good attorney may help you

I-140 Revocation Impermissible if Beneficiary is in U.S.

--------------------------------------------------------------------------------

On August 2, 2004, the Second Circuit Court of U.S. Appeals, in the case of Firstland International, Inc. v. Ashcroft, found that the Immigration and Nationality Act does not permit the USCIS to revoke an approved I-140 petition if the beneficiary has entered the United States. This means that, if an I-140 petition is approved and the beneficiary is in the U.S. or comes to the U.S. before the USCIS gives notice that it intends to revoke the I-140 petition, the revocation will not be effective. This addresses only USCIS-initiated actions to revoke I-140s, such as when an I-140 petition is approved and, at some later stage, the USCIS reviews it and comes to the conclusion that the prior approval was in error. In that event, USCIS would issue a Notice of Intent to Revoke, with a very short response time.

This should not be confused with situations in which the employer chooses to revoke the offer of employment and the I-140 petition. The Second Circuit decision in no way limits the power of the employer to revoke the I-140 upon termination of employment.

Note that the Second Circuit has jurisdiction only over Connecticut, New York, and Vermont, which means that other circuits do not have to follow this decision. When a federal circuit court of appeals issues such a decision, it nevertheless can positively impact decisions of other federal courts on a same or similar issue.
Actually, they changed the law immediately after this ruling and now USCIS can revoke any type of petition. The law was approved in such a way that, this ruled case revoked later.

Take a look at this and search for Firstland :
http://www.immigration-law.com/Archive%20XI.html

My status: Still waiting for Denial letter. Also, trying to get the evaluation from WES and AACRAO. Looks like AACRAO evaluation seems to be taking more time and there is no way I can expedite. I don't know the deadline to appeal yet. I am evaluating diploma+AMIETE not masters as the current LC need more experience after masters than that I have. So the attorney screwed up the LC also that was filed in 2001.

nosightofgc:
Do you remember how much time did it take for you to get the evaluation from AACRAO?

Thanks in advance.

[rajas]

Hi,
Did you read my second posting.This was a case recently won.Again did you do an evaluation of your BITS MS to US MS? May be that may help

[niceguy]

Hi,
Did you read my second posting.This was a case recently won.Again did you do an evaluation of your BITS MS to US MS? May be that may help
Thanks! rajas.

Yes, I did read. I have done the evaluation equating BITS MS to US Masters. But they still denied it. I believe, the problem seems to be that, in BITS MS we do only project in 3rd semester. Looking at it, they are saying I actually have 1 year Masters though the courses that I completed in 1 year are 8. Project has 6 credits. So in totaly the # of credits are same as US masters. Some how my attorney messed it up. Attorney should have appealed the first I140 denial using this argument, but they didn't.



Thanks

[rajas]

Yep, The attorney shud have argued that credits are the same!!!Can't he do that again? The fact that MS is 1.5 years is not a reason cuz there are several US ms which is 1.5 years and infact u can complete in 1 year.i am doing another MS now ,which I will complete in less than 1 year.If nothins works, you can try doing what I have suggested as per the second post.Its a EB2 case won for three year degree . Donot give up.fight fight & fight. Those guys donot know, how they are messing up our lives

[nosightofgc]

Actually it was quick. I had it done 4 year back so dont remember th exact time frame. You can call them probably to check whether they have any expedited processing.

Actually, they changed the law immediately after this ruling and now USCIS can revoke any type of petition. The law was approved in such a way that, this ruled case revoked later.

Take a look at this and search for Firstland :
http://www.immigration-law.com/Archive%20XI.html

My status: Still waiting for Denial letter. Also, trying to get the evaluation from WES and AACRAO. Looks like AACRAO evaluation seems to be taking more time and there is no way I can expedite. I don't know the deadline to appeal yet. I am evaluating diploma+AMIETE not masters as the current LC need more experience after masters than that I have. So the attorney screwed up the LC also that was filed in 2001.

nosightofgc:
Do you remember how much time did it take for you to get the evaluation from AACRAO?

Thanks in advance.

[niceguy]

Actually it was quick. I had it done 4 year back so dont remember th exact time frame. You can call them probably to check whether they have any expedited processing.
Thanks. I called them several times, but I can only leave voice mail and no one takes the call. They retrieve the vmails and reply. I sent them several emails too, but no response yet. I have sent all my trasncripts over the email (they are allowing both snail/e mail) and they are not acknowleding them too.

[girishvar]

EB-2 is not only for Advanced Degree, it also includes persons with exceptional ability. AMIE/IETE might qualify as a certification for exceptional ability. I have reproduced the EB-2 exceptional ability rules. If you qualify consult your attorney and do the Motion to Reopen to explore this possibility also. I wish you all the best.

Exceptional ability in the sciences, arts or business

This classification applies to those "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States." In order to receive this classification, the individual must provide documentation of three of the following:

1.
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

2.
Letters documenting at least ten years of full-time experience in the occupation being sought;

3.
A license to practice the profession or certification for a particular profession or occupation;

4.
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

5.
Membership in professional associations;

6.
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.


If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

[niceguy]

Thanks! Girishwar. I am not sure whether I can use exceptional ability.

Update: I received the denial notices for I140 and I1485. But I haven't seen it yet and I have a discussion with my attorney this afternoon. I will be discusing all the details. I have until 06/07/2008 to appeal. Not sure MTR is also an option the denial notice.

I have a question - Can I appeal my I140 and also use the same labor to file another I140? My LC PD is Aug 2001 and I don't want to loose it since my PERM is file last month in EB3 and it takes a way long time to get in.

[niceguy]

I got the denial notice. I wanted to copy it here, but it is a pdf converted from .jpg. Does any one know how to convert it into text so that I can copy the relevant part for every one purpose.

The denial letter looks pretty simple to answer to me. Some how my lawer messed up and the evaluation that they submitted in latest intent to revoke notice was not good. Basically he combined both my AMIETE+MS showed as double degree. And I don't have 5 years experience before PD after my completion of MS. This is totally screwed up. I am getting evaluation from WES and ACCRAO and hope they will accept as new evidence. I have until 6/7 to appeal.

Thanks

[kaisersose]

I got the denial notice. I wanted to copy it here, but it is a pdf converted from .jpg. Does any one know how to convert it into test so that I can copy the relevant part for every one purpose.

The denial letter looks pretty simple to answer to me. Som how my lawer messed up and the evaluation that they submitted in latest intent to revoke notice was not good. Basically he combined both my AMIETE+MS showed as double degree. And I don't have 5 years experience before PD after my completion of MS. This is totally screwed up. I am getting evaluation from WES and ACCRAO and hope they will accept as new evidence. I have until 6/7 to appeal.

Thanks


Go to Rajiv Khanna or Sheela Murthy ASAP.

[niceguy]

Go to Rajiv Khanna or Sheela Murthy ASAP.
Thanks! I can not change my attorney. This is a very big attorney firm and works for my big company. The attorney doesn't know anything and I need to explain to her everything.

I will be consulting Rajeev or Murthy in a day or two.

[easygoer]

I got the denial notice. I wanted to copy it here, but it is a pdf converted from .jpg. Does any one know how to convert it into text so that I can copy the relevant part for every one purpose.

The denial letter looks pretty simple to answer to me. Some how my lawer messed up and the evaluation that they submitted in latest intent to revoke notice was not good. Basically he combined both my AMIETE+MS showed as double degree. And I don't have 5 years experience before PD after my completion of MS. This is totally screwed up. I am getting evaluation from WES and ACCRAO and hope they will accept as new evidence. I have until 6/7 to appeal.

Thanks

Hi Niceguy,

AACRAO takes 4-6 weeks for evalaution. This is for your information as your deadline is 6/7. I wish you all the best.

[niceguy]

Easygoer:
I don't know that they will take that long. I keep pinging them with emails/phone/fax, but not much reponse though. I applied last week and requesting them to expedite the evaluation. But communicating with them is pain. WES evaluation seem to be on track.

Thanks

[niceguy]

I recieved the evaluation from WES for my 3-years diploma, AMIETE, and MS. They showed AMIETE is equivalent to BS in US and MS to US Masters. The only confusing thing is that they mentioned in remarks - "was exempted from part of the program on the basis of study previosly completed #2" - on Masters. But I was not exempted from any course in Masters. He had put similar remark for my AMIETE, but that was true since based on some of the subjects that I completed in Diploma, I was exempted some subjects in AMIETE.

Did any one get such evaluation from WES for Masters with similar degress?

thanks

[niceguy]

I am also a graduate of AMIETE. But I did not have any issues with my first visa or subsequent H1B transfers. When I changed the employer in 2001, that company did the evaluation of the degree and proved that AMIETE is equivalent to Bachelors Degree in the US. Further I had to go through a different evaluation when I applied for MBA. This evaluation was done by AACRAO.

By looking at different cases, do I need to start worry about this?
nosightofgc!
Could you please tell me whether your AMIETE showed as equivalent to US Bachelors degree in "electronics and telecommunication engg" by AACRAO evaluation?

Thanks!

[amsgc]

Do I need to use paypal to contribute?

Did you get a chance to help (http://immigrationvoice.org/forum/showthread.php?t=19224) us out yet?
Thanks in advance.

[bestin]

Did you get a chance to help (http://immigrationvoice.org/forum/showthread.php?t=19224) us out yet?
Thanks in advance.


With all respect ,sir,i would request you not to request donations on general threads.If you are that much dedicated pls post in the relevant threads or send him a PM.This gives out a wrong message to the public watching us.

[amsgc]

With all respect ,sir,i would request you not to request donations on general threads.If you are that much dedicated pls post in the relevant threads or send him a PM.This gives out a wrong message to the public watching us.

It is just that Mr. Niceguy here had earlier asked a question about the manner in which he could contribute. I was just wondering if he had any success or difficulties.

My thought is that you and I are helping this site and initiative going by our humble contributions - money, phone calls, faxes, rallies, TeamIV etc. If a new member is able to save thousands of dollars and months of anxiety because of your invaluable advice, then it is only fair for him/her to return the favor by helping the initiative that solves your real problem. Is that asking for too much?

[santa123]

Actually, they changed the law immediately after this ruling and now USCIS can revoke any type of petition. The law was approved in such a way that, this ruled case revoked later.

Take a look at this and search for Firstland :
http://www.immigration-law.com/Archive%20XI.html

My status: Still waiting for Denial letter. Also, trying to get the evaluation from WES and AACRAO. Looks like AACRAO evaluation seems to be taking more time and there is no way I can expedite. I don't know the deadline to appeal yet. I am evaluating diploma+AMIETE not masters as the current LC need more experience after masters than that I have. So the attorney screwed up the LC also that was filed in 2001.

nosightofgc:
Do you remember how much time did it take for you to get the evaluation from AACRAO?

Thanks in advance.

Do you know if the AACRAO evaluation carries any weight and does it help with I-140 approvals?

[Struggler]

Hello,
I was really amazed to see to find case similar to mine. Recently my already approved I-140 got rejected due to AMIETE equivalance issue. I have done D.E.R.E and AMIETE (1989) - the old course. Here is the brief history of my case..

1. EB3 – LC – Approved- 10 June 2003
2. EB3 – I-140 – Approved - 10 October 2006
3. New EB2 – LC ( PERM ) – Approved – JAN/FEB 2007
4. EB2- I-140 – Approved – 3 April 2007 (retaining priority date 10 June 2003 which was locked by EB3 I-140 approved)
5. I-485 Filed on July 24th using EB2 – I-140 (Alternately it could have filed using EB3 – I-140 if TSC had not approved the EB2 in first place)

6. Amendment filed for EB2 I-140 due to change in company name which was denied (AMIETE equivalance issue) and no Intent To Deny notice was sent.

I found out because received an email on 9/27/2008 from CRIS. My lawyer has not received anything (docs/notice) yet. I forwarded the email to my lawyer who acted promptly. As I understand USCIS must sent 'Intent To Deny' before sending Denial notice. She contacted liaison and found out the reason for rejection. MTR has been filed within 2 days. I belive the attempt is to save 485 rejection. Do we know if 485 still can be rejected while MTR is pending? Also how long it takes to act on MTR?

Niceguy - Thanks for your postings. Can you share how long did it take to act on MTR and what was the final outcome?

We are looking at couple options...
1. Fight of AMIETE equivalance - do new evaluation etc. but looking at this thread it seems TSC is consistent with their decsion but I don't know why it was approved in first place.
2. Make argument that at that time the priority dates were open for all categories and we could have filed using approved EB3 if EB2 was not approved in the first place.
3. So Try to convert EB2 back to EB3 and retain the 485 filing date - I see that based on some posting on other threads this has also some challanges
4. File new 485 again using Approved EB3-140 once date becomes current.

Besides this I am aware of all worst case scenarios and will have to be prepared for that but appreciate if anyone can share their views/comments or other alternatives.
This is my first posting and I see people are quite experienced and knowledgeble on this forum. Thank you all for sharing your cases and views. This really helps.
Regards

[suriajay12]

Hi guyz,

My brother has done his Diploma in ECE after his Intermediate, AMIE in Computer Engineering and MS in Computer Science in the US. He got his AMIE evaluated from WES before applying for MS here. He is filing for his Labor under EB2 and the Ads have been posted with the Masters requirement.

He is going with a very reputed Law firm.

Do you see any risks in going ahead in this route or do you advice applying under EB3.

Your valuable views will be very helpful and highly appreciated.

Thanks,
S

[quizzer]

Hi guyz,

My brother has done his Diploma in ECE after his Intermediate, AMIE in Computer Engineering and MS in Computer Science in the US. He got his AMIE evaluated from WES before applying for MS here. He is filing for his Labor under EB2 and the Ads have been posted with the Masters requirement.

He is going with a very reputed Law firm.

Do you see any risks in going ahead in this route or do you advice applying under EB3.

Your valuable views will be very helpful and highly appreciated.

Thanks,
S

If the labor states MS and if he has US MS degree, i dont see any problem as long as the law firm also tells the same.

[sri1309]

Ajay,

If the requirement is Bachelors, I am sure there is no issue. But since its Master's, I am not sure how much they will look at AMIE (I know what AMIE is, but this is just based on the forum posts here. ). I would wait to hear from other folks here.
Since you did MS in US, I am 99% sure you will not have any issue as they recognize their degrees.

[Struggler]

If labor requirement states Masters or Bachelors + N years and you are applying based on Masters then there is no issue. Your masters will be evaluated and I don't believe AMIE equivalance is in question at that point.

It is actually little funny that Universties accept the equivlance for MS but USCIS does not.

No updates on my case except we officially received the REVOKE notice stating the reason. They have also mentioned that they have right to revoke any approved I-140.

Niceguy - any updates on your case after filing MTR?

[Sheila Danzig]

In addition to a detailed evaluation there is documentation showing the AMIETE equivalent to a US bachelors degree. When that is submitted and referenced in a professors letter and in the lawyers brief they are generally approved.

Thanks! all for the quick replies and encouragements.

My labor says Masters + 3 years or BS + 5 years, so it can be used to file only EB2 I140.

Since my earlier I140 was rejected based on my Masters (and my attorneys didn't want to appeal too - I don't why), this time for intent of revoke case, they used AMIE to evaluate to US BS. I have 10+Diploma in Computer Engg+AMIETE+MS. I can not combine more than one degree to evaluate to US BS or Masters for EB2 case. It has to be single source degree for BS and it should not combine experience.

My evaluation for AMIETE to BS was very detailed credit-by-credit and I think it didn't combine experience. I don't know I can again use MS while appealing.

I applied EB3 PERM last month after my attorney kept it pending for 6 months. This is big corporate attorney firm and takes lot of time to respond and I have to go with them for all my cases and can not hire my own attorney.

The appeal helps me to extend my H1 for one more year and before that hopefully I have my EB3 I140 approved or at least PERM be pending for more than year. My H1 is expiring in Jan 2009.

I will talk to those evaluation services tomorrow. I haven't received the denial notice yet and that may give some pointers on how I can respond too.

Again thanks for all the help..

[Sheila Danzig]

In addition to a detailed evaluation there is documentation showing the AMIETE equivalent to a US degree. When that is submitted and referenced in a professors letter and in the lawyers brief they are generally approved even after a denial. It is unfair that all of the adjudicators just don't understand the AMIETE equivalency but they don't and it has to be spelled out and research material supplied each time.

Thanks! all for the quick replies and encouragements.

My labor says Masters + 3 years or BS + 5 years, so it can be used to file only EB2 I140.

Since my earlier I140 was rejected based on my Masters (and my attorneys didn't want to appeal too - I don't why), this time for intent of revoke case, they used AMIE to evaluate to US BS. I have 10+Diploma in Computer Engg+AMIETE+MS. I can not combine more than one degree to evaluate to US BS or Masters for EB2 case. It has to be single source degree for BS and it should not combine experience.

My evaluation for AMIETE to BS was very detailed credit-by-credit and I think it didn't combine experience. I don't know I can again use MS while appealing.

I applied EB3 PERM last month after my attorney kept it pending for 6 months. This is big corporate attorney firm and takes lot of time to respond and I have to go with them for all my cases and can not hire my own attorney.

The appeal helps me to extend my H1 for one more year and before that hopefully I have my EB3 I140 approved or at least PERM be pending for more than year. My H1 is expiring in Jan 2009.

I will talk to those evaluation services tomorrow. I haven't received the denial notice yet and that may give some pointers on how I can respond too.

Again thanks for all the help..

[Sheila Danzig]

I had a long conversation with an attorney that I respect a great deal. He is refiling any denials having to do with AMIE and AMIETE regardless of when they were filed or denied. He has so much documentation that along with a strong professors letter and evaluation he said they will all be approved and the original date can be kept. He said it is irrefutable that both AMIE and AMIETE are equivalent to a US BACHELOR'S DEGREE.

[ieteguy]

Hi,
I am in similar situation....my labor filed in march'08 and got approved in may. Filed i-140 in June (EB2: BS + 6yrs Exp). Got an RFE in nov. for additional support for IETE as equivalent to US BS. My lawyer responded with just another evaluation from professor stating iete is equivalent to BS in US. NSC denied stating the supporting evidence is not strong enough to prove that IETE is at same par as a BS in US(got denial notice). They clearly mentioned in the letter that the norms during H1-approvals and for VISA's at consulates are flexible but are very stringent at I-140 level. I am planning to appeal for this. If the basic problem is recognizing IETE as US equivalent of BS, then i think, taking EB3 path will not be of greater help.

I never thought that i would face this problem.

I think we all should act and do something to get IETE better recognition. It is very sad that even IETE web page do not have enough evidence to state that IETE is equivalent to BE. It just had some snippets of letters of recogniton from Ministry of HRD of India stating IETE should be accepted for "higher posts"...dont know what one should interpret that. Only soothing thing is UPSC recognition letter has one line stating IETE is equivalent to BE.

rgds

[Sheila Danzig]

There is a good amount of evidence supporting IETE = US bach that would get you an approval. It is the same as AMIETE ... I think a google search for AMIETE may help you.

Hi,
I am in similar situation....my labor filed in march'08 and got approved in may. Filed i-140 in June (EB2: BS + 6yrs Exp). Got an RFE in nov. for additional support for IETE as equivalent to US BS. My lawyer responded with just another evaluation from professor stating iete is equivalent to BS in US. NSC denied stating the supporting evidence is not strong enough to prove that IETE is at same par as a BS in US(got denial notice). They clearly mentioned in the letter that the norms during H1-approvals and for VISA's at consulates are flexible but are very stringent at I-140 level. I am planning to appeal for this. If the basic problem is recognizing IETE as US equivalent of BS, then i think, taking EB3 path will not be of greater help.

I never thought that i would face this problem.

I think we all should act and do something to get IETE better recognition. It is very sad that even IETE web page do not have enough evidence to state that IETE is equivalent to BE. It just had some snippets of letters of recogniton from Ministry of HRD of India stating IETE should be accepted for "higher posts"...dont know what one should interpret that. Only soothing thing is UPSC recognition letter has one line stating IETE is equivalent to BE.

rgds

[kpartha]

I know many cases of AMIE rejected and it is all because of USCIS not recognizing the certificate of AMIE as equivalent to a BS degree. I remember recently reading somewhere one of the attorneys fought the case and got it approved. I dont exactly remember where, I am trying to find out. If I get hold of the name , I will pass it on to you.

[ieteguy]

I got to see my RFE and response made by my law firm couple days ago...After seeing that i learned a lesson...never totally depend on your law firm fully.

The main point USCIS highlighed in RFE is to establish an evidence that either All India Technical Council or Association of Indian Universities has recognized IETE as four year equivalent engineering degree. My attorny totally skipped that step (dint even asked me to provide more details on my degree). Instead a response made totally based on an education evaluation from a prof. Which is definitely good but i think if my attorney would have attached the IETE recognition letters from AIU and Ministry of HRD, India which are directly available from IETE website, hope fully the USCIS decision would have been different.

I am also talking to one of the reputed law firm and their advice is to go for Appeal downgrading the case to EB3 which according to them has more success rate. they said MTR has very little chance of winning. The sad thing is Appeal would take couple of years to resolve and if priority dates open up, i can not apply for 485. But he said we can go for Writ of Mandamus which is an order from federal court to AAO to process the case immediately. But dont know how long to wait to go for writ of mandamus after appealing. Just waiting for response from my attorney. The law firm also suggested to start fresh labor in EB3.

I am planning to take a risk and go for MTR, the decision for which may come in few months. And if it fails, then i can go for Appeal(it is possible to do this, if appeal fails we can go for federal court but all takes time by when i am sure i can complete my doctorate and go for EB1 i guess). thought financial loss is better than falling back 1.5 years in queue and that too in EB3.

I would really appreciate, if you can point me to the case and attorney you are referring who won the appeal in similar case.

Thanks guys

[ieteguy]

HI,

I was wondering if any one submitted the IETE recognition letters from Ministry of HRD, Govt. of India, UPSC, AIU etc. while applying for I-140 or in any response to RFE's. My RFE has indication to establish evidence that IETE is accredited by either AICTE or AIU. Off which AIU accredited IETE.

My attorney did not submit any of these letters in original I-140 or in response to RFE and my petition eventually got denied.

I am filing MTR with these additional letters as evidence.

Any idea if these letters help?

Regards

[Sheila Danzig]

Send the letters and have your attorney review and explain them carefully in his motion. Or have a professor do that and explain the equivalency.

HI,

I was wondering if any one submitted the IETE recognition letters from Ministry of HRD, Govt. of India, UPSC, AIU etc. while applying for I-140 or in any response to RFE's. My RFE has indication to establish evidence that IETE is accredited by either AICTE or AIU. Off which AIU accredited IETE.

My attorney did not submit any of these letters in original I-140 or in response to RFE and my petition eventually got denied.

I am filing MTR with these additional letters as evidence.

Any idea if these letters help?

Regards

[Struggler]

There is a consolidated copy of all recognition letters available on the web (including AIU). Will that help?

[Sheila Danzig]

Yes, but the legal brief and evaluation are also important in explaining these documents.

There is a consolidated copy of all recognition letters available on the web (including AIU). Will that help?

[kba381]

Mine also same qualification
Diploma+AMIE+MBA.. I got Green card in EB2 category. I dint get any RFE on my Qualification(AMIE).


Thanks
Ba

[niceguy]

Just let everyone know, finally, my I140 in EB2 has been approved today. This has PD of 2001. It was earlier approved by TSC and revoked by NSC, and appealed and it sent back to NSC after 2 years, finally NSC stuck to their decision to revoke it. I have labor with BS+5 years or MS+3 years and eduction is Diploma+AMIETE+MS(1.5 years)-Pilani. We refiled the case again last August and received NOID few weeks back. Their point was that MS which is Masters of Science is equivalent to US Bachelors after 3/4-years Indian bachelor. EDGE database has Masters of Science is equivalent to US Bachelors. Since MS is also masters of science and they considering my masters as M.Sc. and sent NOID. I contacted AACRAO EDGE and asked them to clarify on MS and M.Sc. and update their database. They promptly responded and sent a clarifying letter to our attorney and USCIS and said that they would be updating EDGE database too. Looks like my approval is based on MS not on AMIETE.


It has been 11 years in this country and we refiled I140 exactly 10 years after my priority date.


All the best and thanks for reading.


NSC has revoked my previously approved I140 from TSC since, now, NSC have strict interpretation of the degrees. Most of my friends got through with EB2 - AMIETE though that was a while back. It is my own LC and PD is 08/23/2001. They sent an intent to revoke notice before denying my case. We replied with very detailed evaluation equating AMIETE to US BS, but they still denied. The whole problem is because of my LC went to BEC and sat there for 5 years before got approved in Jan 2007. I applied another I140 with my MS (from BITS, Pilani and it was Sub LC) which they rejected too since they were not convinced that my MS is equivalent to US Masters.

Now, I am planning to appeal the decision (my own lc), but I didn't get denial notice yet. I want to get evaluation from two more sources and use them when I appeal. One of them I am thinking is WES. Does any one have success with their evaluation for AMIE or AMIETE from WES or any other agency recently? I believe I will have only 15 days to appeal since it is a revoked case.

Subsequent to I140 revokation, my I485 was also denied.

Any other pointers or help greatly appreciated..

[sparky_jones]

This gives a new perspective to folks like me who think we are the worst off...stuck with a 2003 PD and surviving storms like Backlog Elimination Centers and Retrogression. :)

Good luck, hopefully things will be smoother for you (but don't count on it!). :)
Just let everyone know, finally, my I140 in EB2 has been approved today. This has PD of 2001. It was earlier approved by TSC and revoked by NSC, and appealed and it sent back to NSC after 2 years, finally NSC stuck to their decision to revoke it. I have labor with BS+5 years or MS+3 years and eduction is Diploma+AMIETE+MS(1.5 years)-Pilani. We refiled the case again last August and received NOID few weeks back. Their point was that MS which is Masters of Science is equivalent to US Bachelors after 3/4-years Indian bachelor. EDGE database has Masters of Science is equivalent to US Bachelors. Since MS is also masters of science and they considering my masters as M.Sc. and sent NOID. I contacted AACRAO EDGE and asked them to clarify on MS and M.Sc. and update their database. They promptly responded and sent a clarifying letter to our attorney and USCIS and said that they would be updating EDGE database too. Looks like my approval is based on MS not on AMIETE.


It has been 11 years in this country and we refiled I140 exactly 10 years after my priority date.


All the best and thanks for reading.

[gk_2000]

Just let everyone know, finally, my I140 in EB2 has been approved today. This has PD of 2001. It was earlier approved by TSC and revoked by NSC, and appealed and it sent back to NSC after 2 years, finally NSC stuck to their decision to revoke it. I have labor with BS+5 years or MS+3 years and eduction is Diploma+AMIETE+MS(1.5 years)-Pilani. We refiled the case again last August and received NOID few weeks back. Their point was that MS which is Masters of Science is equivalent to US Bachelors after 3/4-years Indian bachelor. EDGE database has Masters of Science is equivalent to US Bachelors. Since MS is also masters of science and they considering my masters as M.Sc. and sent NOID. I contacted AACRAO EDGE and asked them to clarify on MS and M.Sc. and update their database. They promptly responded and sent a clarifying letter to our attorney and USCIS and said that they would be updating EDGE database too. Looks like my approval is based on MS not on AMIETE.


It has been 11 years in this country and we refiled I140 exactly 10 years after my priority date.


All the best and thanks for reading.

Bravo! Or should I say Jai Ho!

[niceguy]

Good luck, hopefully things will be smoother for you (but don't count on it!). :

Thanks! I agree with you and I surely not counting on anything and assume nothing.

This gives a new perspective to folks like me who think we are the worst off...stuck with a 2003 PD and surviving storms like Backlog Elimination Centers and Retrogression. :)

Good luck, hopefully things will be smoother for you (but don't count on it!). :)

[seattle1972]

For all professional qualifications Expert Opinion letter services request can be placed with us.Our main focus area is AMIE,AeSI,IETE,IME and ICWA besides other non Washington Accord Degree programs. You may also consider any other Professional Engineer services provider in your neighborhood locality who should be able to assist with same.

Email us: info@chartered-engineerusa.org
info@chartered-engineer-usa.com

[miscrash]

Hi niceguy,

This is with reference to your post # 54
http://immigrationvoice.org/forum/3196505-post54.html

I am in a similar situation where I have recieved a notice of Intent to Deny from USCIS on my I-140 petition based on the premise that my masters is equivalent to a bachelors in US.

I have done 4 years of BE and 2 years of MS from BITS Pilani (I also have 8 years of professional experience prior to joining my employer who filed my PERM).

Could you please let me know the details of how you contacted AACRAO EDGE?

Any guidance would be very helpful.

Thanks