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  #16 (permalink)  
Old 05-15-2008, 05:36 PM
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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.
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  #17 (permalink)  
Old 05-16-2008, 04:49 PM
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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. Bachelorís 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 ď6 year ruleĒ, 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 Bachelorís plus 5 years of experience and the individual holds a 3 year bachelorís 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.
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  #18 (permalink)  
Old 05-16-2008, 08:35 PM
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Quote:
Originally Posted by rajas View Post
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.

Last edited by niceguy; 05-16-2008 at 09:24 PM. Reason: Clarifying on evaluation
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  #19 (permalink)  
Old 05-16-2008, 09:00 PM
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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
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  #20 (permalink)  
Old 05-16-2008, 09:10 PM
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Quote:
Originally Posted by rajas View Post
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
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  #21 (permalink)  
Old 05-16-2008, 11:26 PM
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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
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  #22 (permalink)  
Old 05-17-2008, 10:14 AM
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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.

Quote:
Originally Posted by niceguy View Post
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.
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  #23 (permalink)  
Old 05-17-2008, 10:40 AM
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Quote:
Originally Posted by nosightofgc View Post
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.
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  #24 (permalink)  
Old 05-17-2008, 10:50 AM
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Default EB-2 Exceptional Ability

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.
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  #25 (permalink)  
Old 05-20-2008, 02:56 PM
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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.
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  #26 (permalink)  
Old 05-20-2008, 05:00 PM
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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

Last edited by niceguy; 05-20-2008 at 06:43 PM.
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  #27 (permalink)  
Old 05-20-2008, 05:30 PM
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Default

Quote:
Originally Posted by niceguy View Post
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.
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  #28 (permalink)  
Old 05-20-2008, 06:46 PM
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Quote:
Originally Posted by kaisersose View Post
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.
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  #29 (permalink)  
Old 05-20-2008, 07:19 PM
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Default Accrao Takes 4-6 Weeks For Evaluation

Quote:
Originally Posted by niceguy View Post
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.
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  #30 (permalink)  
Old 05-20-2008, 08:10 PM
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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
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