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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.

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  #16 (permalink)  
Old 01-25-2008, 09:53 AM
Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
03/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Apr 2006
Posts: 65
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Default I 140

Now can he appeal and change the case to pending inorder to extend his H1B and at the same time file for new PERM labor.
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  #17 (permalink)  
Old 01-25-2008, 12:10 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
07/16/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 152
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Default Degree or Equivalent

If the labors says degree or equivalent for educational qualification then he has a good chance of winning the appeal
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  #18 (permalink)  
Old 01-25-2008, 02:48 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB2
I140 Mailed Date
:
12/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
Compare
Join Date: May 2007
Posts: 115
aquarianf is on a distinguished road
Default

Quote:
Originally Posted by summitpointe View Post
Guys,

Need help in this regard ASAP. If you could direct me to a person who has been through the same situation earlier please send me thier contact details so that I can talk with them and find out what he did to overcome this. We went through lot of forums but we could not find a solution to an issue like this. Any help is highly appreciated.

Here is the situation to one of my close friend
  • Came to US in 1998
  • Worked as consultant for few years and joined as full-time in US in one of the multi national company on H1B from 2001
  • Filed Labor in June 2003
  • Waited on retrogession
  • Applied I-140 in early 2007
  • Got an RFE for the educational qualification
  • Replied to RFE in October 2007 with all educational certificates, evaluation certificates
  • Got a I-140 denial letter by mail mentioning educational qualification does not meet the requirements
  • Got the denial letter by mail yesterday
  • Have to appeal in 33 days
  • H1B expires in Septembet 2008. Now on 3 years extn
  • As the company is very big he has to go through lot of hurdles to talk with the attorney or file a perm immediately
  • He did a Bachelor's three year degree course in India . They say this does not match with the labor
  • When applied for ad in 2003 they did not mention that any degree or equivalent. They just mentioned the skills and need a Bachelors degree.
  • He and his wife got the EAD

It will take some time to talk to his attorney about filing a PERM. As it is a big organization , they follow certail rules.

Yesterday night he contacted the college in India where he completed his degree to provide him with the number of hours in each semester, but they said it is really hard to give as he completed his college 20 years before. As you guys know they may not be serious enough to give a letter and at this point this may not even come.

Please let me know the contact details of a person who has been in the similar situation.

Thanking you in anticipation.
You didn't mentoned education details. Pl provide education details and exact wording in RFE. Is he applied in EB2 with 3 yr bachelor degree and 2/3 yr masters degree?
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  #19 (permalink)  
Old 01-25-2008, 02:51 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB2
I140 Mailed Date
:
12/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
Compare
Join Date: May 2007
Posts: 115
aquarianf is on a distinguished road
Default

Quote:
Originally Posted by mp2007 View Post
Ask him to contact Sheila Danzig at http://www.thedegreepeople.com/

She has in the past been successful in showing equivalency between the 3yr Indian degree and a Bachelors. But let me tell you , its very difficult to convince the USCIS on this issue. It really depends on how the LC (part 14 and 15) were originally structured.

Also contacting Murthy or Khanna for a consultation would help.

Best of luck.
search immgration portal dot com forum regarding issues with degree people. I read there that this firm is black listed in uscis not sure how true is that.
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  #20 (permalink)  
Old 01-25-2008, 04:50 PM
Senior Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Pakistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 361
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Default

Quote:
Originally Posted by softcrowd View Post
Unitednations is very good in case of "ability to pay" issues. But what we have here is an educational evaluation issue.

As someone suggested contact Sheila...I think "the degree people" is the place she works (or she owns)...They are specialists in proving that a 3 year indian dgree is equivalent to a BS in USA. See the link below:

http://www.thedegreepeople.com/3yeardegree.html
Education issues; I actually know better. Because my case was originally denied due to this issue; is what started my whole interest in immigration.

First: if it is nebraska then case will get 100% denied again. However; you need to file a motion to reopen (you have 30 days) or file an appeal (you have 30 days).

If you file a motion to reopen the best thing that can happen is that uscis will give another decision and you can re-tweak your answer if they deny it agian and then appeal it. Basically you get two chances to overcome.

Texas has approved these cases but not 100% of the time. There has been a couple of denials.

Interesting thing is that I do know of a person whose case got denied for this issue and they appealed it about two years ago. The appeals office actually sent a very, very long winded request for evidence (it is very rare that they even send a request for evidenc). It went through the whole history of purpose of labor; qualifications; dol rules; uscis memos, etc. However; interesting part is that they have given the company a chance to give the recrutiing information (ie., advertisements) and how many people replied to the advertisements and the lawful reasons that they did not accept the candidates. Essentially; uscis was getting at whether any people were not considered because they didn't have a full four year degree in the field of study required by the labor.

As a minimum; you would need to file an appeal or motion to reopoen to keep h-1b status going. Right now; you would be good on existing h-1b but if you were to try to transfer to someone else; uscis would determine that you are not eligible for extensions because a final decision has been made.
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  #21 (permalink)  
Old 01-25-2008, 05:56 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
03/24/1900
Chargeability
:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
03/24/1900
Compare
Join Date: Apr 2006
Posts: 580
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Default

Hmmm.. that's strange. My I-140 was approved in June 2007 with their credential evaluation as evidence (TSC). Hopefully this is not true. They do a pretty decent job.

Quote:
Originally Posted by aquarianf View Post
search immgration portal dot com forum regarding issues with degree people. I read there that this firm is black listed in uscis not sure how true is that.
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  #22 (permalink)  
Old 03-09-2008, 01:55 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
11/11/1999
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/11/1999
Compare
Join Date: Sep 2006
Posts: 236
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Default

H1B extension BIG RFE -- Can I withdraw App and use EAD

This is also discussed in separate thread but I wanted to hear from UN if he is reading..
--------------------------------------------------------------------------------

Got a BIG RFE for 7th yr extension from CSC PP.
I have applied for 485 (I140 approved), and have EAD/AP from same employer last yr.

I got this RFE and employer may not have/provide all the documents,
My question is can we withdraw H1 and then work on EAD?
Will that adversely affect my case for AOS?

Main list of items required from me,
Last 3 yrs W2, last 3 yr taxes, all i-94 etc. -- No biggie since I have always been working for big company for past 10 yrs. till In switched to this smaller firm last yr.

Main list of docs required from company
1. Offer letter to me.
2. Client letters
3. Last 3 yrs quarterly wage reports with ALL employees SSNs, pays etc.!
4. Last 3 yrs Tax returns
5. Last 3 yrs W2s and W3s for ALL employees

How in the world is one supposed to provide all those ??!! I spoke to the employer, he's very busy (not desi but still a small firm with 1-2 million turnover and maybe 4-500,000 income..)

I can even change employer if needed, but I need to know if it's okay to cancel or withdraw this application of H1B and if that will cause USCIS to reopen my approved I140 or issue RFE for same list of docs at the time I file AC21.

What should I do if employer doesn't comply and just strings me along?
My H1B ends in April first week and Wife's H4 is long expired, We were planning only to keep my h1b as safty..
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