Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > 140 stage > Priority dates transfers and Post 140-approval options
Click to log in with Facebook
Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 08-17-2010, 12:42 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 6
rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold
Default I-140 got denied - Very Urgent please

Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #2 (permalink)  
Old 08-17-2010, 12:56 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
09/24/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Jan 2006
Posts: 300
ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
Default

If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.



Quote:
Originally Posted by rajubuthi View Post
Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 08-17-2010, 01:02 PM
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2009
Posts: 262
ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

EB2 or EB3?


Quote:
Originally Posted by rajubuthi View Post
Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 08-17-2010, 01:34 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute
Default

EB2 or EB3?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 08-17-2010, 01:35 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by ArkBird View Post
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.
There is a little chance if you had 3+2 years degree and the labor was looking for Bachelorís and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 08-17-2010, 01:38 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 6
rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold
Default

This was filed under EB2
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 08-17-2010, 01:48 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 6
rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold rajubuthi is a splendid one to behold
Default

This was filed under EB2..

PERM went smooth without any audit.. and also There is no RFE for I-140. My company just received a denial letter..
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 08-17-2010, 02:06 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute
Default

What does your attorney say? He/she should have had some idea when they filed under EB2. The attorney should clearly not take a risk regarding educational requirements. Maybe you will have to do the MTR and submit better evaulation (if you feel the degree and experience are suitable). Best
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 08-17-2010, 02:21 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
09/24/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Jan 2006
Posts: 300
ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
Default

Quote:
Originally Posted by snathan View Post
There is a little chance if you had 3+2 years degree and the labor was looking for Bachelor’s and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.
It was PGDST from NCST, Mumbai and will all due respect to other institutes, this is one of the toughest, intense and testing PG courses in Software in Mumbai.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 08-17-2010, 02:43 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 594
dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
Default No chance

EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 08-17-2010, 03:06 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute
Default

Quote:
Originally Posted by dealsnet View Post
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 08-17-2010, 04:35 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 594
dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
Default Aao

This case is pending with AAO from Nov. 2009.
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).

Quote:
Originally Posted by thomachan72 View Post
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 08-17-2010 at 04:38 PM.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #13 (permalink)  
Old 08-17-2010, 05:37 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
09/24/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Jan 2006
Posts: 300
ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
Default

Quote:
Originally Posted by dealsnet View Post
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 08-17-2010, 06:25 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

Quote:
Originally Posted by ArkBird View Post
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

As per INA/USCIS, many of the following won't qualify for EB2:

CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance

Last edited by gc28262; 08-17-2010 at 06:32 PM.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 08-17-2010, 07:42 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
09/24/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Jan 2006
Posts: 300
ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
Default

Oh well... No one ever said life is fair!

Quote:
Originally Posted by gc28262 View Post
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

As per INA/USCIS, many of the following won't qualify for EB2:

CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-140 got denied - Very Urgent please rajubuthi Ability to pay issues and other 140 RFEs etc. 5 08-18-2010 10:12 AM
H1B Denied- Plz help with suggestions (Urgent) GC_1000Watt Non-Immigrant Visa 5 12-15-2009 12:42 PM
I-140 Denied - Urgent Help!!! AB1275 Ability to pay issues and other 140 RFEs etc. 8 07-29-2009 04:34 PM
Urgent help required. 485 DENIED. Working on EAD gxr Receipt tracker of 485, EAD and AP applications 7 05-11-2008 08:05 PM
Urgent Help: 485 Denied on wrong 140 Max AC21 Portability after 180 days of 485 filing 3 04-22-2008 08:40 PM



All times are GMT -4. The time now is 04:14 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org