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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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  #1 (permalink)  
Old 11-11-2008, 11:05 PM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default I-140 & I-485 denied - Currently in AOS - what are my options

Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.
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  #2 (permalink)  
Old 11-11-2008, 11:16 PM
bec bec is offline
Junior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
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Join Date: Sep 2008
Posts: 18
bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of
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what are your educational qualifications?
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  #3 (permalink)  
Old 11-11-2008, 11:18 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 837
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Default not sure if this will be of help.

Quote:
Originally Posted by samanan View Post
Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.
you can try submitting an education evaluation from licensed evaluators for this purpose. Wait till you get ur letter from USCIS, and contact an attorney for this.

On the bright side for many people here, looks like USCIS is touching application of EB3-I even though they are not able to allocate visa number for them.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #4 (permalink)  
Old 11-12-2008, 01:00 AM
Senior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
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Join Date: Jul 2007
Posts: 369
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Don't be shocked and scared that both I-140 & I-485 have been denied. The I-485 denial is as a result of the I-140 denial. Work with your attorney in filing an MTR and getting the I-140 approved. Also, get an educational evaluation done. There are quite a few threads on this forum related to that.

Good luck.
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  #5 (permalink)  
Old 11-12-2008, 09:06 AM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Thanks for all who responded.
My education qualification is a Bachelors degree of Science (3 years) and Diploma in Computer Science (2 years). Software industry working experience in India is almost 4 years and US experience is since December 2000.
The denial letters are received and going to see the attorney.

Does anybody know can I go back to H1 while I am filing the MTR?

Thanks all.

Last edited by samanan; 11-12-2008 at 09:06 AM. Reason: typo error
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  #6 (permalink)  
Old 11-12-2008, 09:28 AM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 162
reachinus is just really nice reachinus is just really nice reachinus is just really nice reachinus is just really nice
Default file for MTR...

First file for MTR and using that you can file for H1 extension. H1 extension cannot be done unless you file for MTR which will be your basis for H1 extension. I suggest that you apply for H1 extension in premium so that you can get the approval fast.

Even if you entered using AP, but if you are still working for the same H1 employer then i am sure you can file for extension.

Hope this helps.
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If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
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  #7 (permalink)  
Old 11-12-2008, 10:22 AM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Yes I am with the same employer from the beginning (2000).
Thanks for your advise. Will file MTR and then file for H1.
My H1 is expiring on Dec 6th, so that leave me about another 20+ days.

Getting the evaluation done and then filing MTR - I am looking the earliest could be Friday or Monday (11/17) -(hoping I don't encounter any other hurdle).

Anybody knows how long it will take to get the receipt for MTR?

Thanks.
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  #8 (permalink)  
Old 11-12-2008, 10:35 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
09/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/06/2007
Compare
Join Date: Jul 2007
Posts: 355
javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute
Default

Quote:
Originally Posted by samanan View Post
Labor PD: Dec 2002. Labor approved: Oct 2006 - approval hard copy never received. Filed for I-140 & I-485 in Aug 2007 for EB3.
Applied for H1-B 8th year extension in Sept 2007.
Got EAD and AP in Nov 2007. Went to India and came back in Jan 2008 using AP. Also received H1-B extension in Jan 2008 which is expiring in December 2008.

Now yesterday I-140 & 485 was denied (and hence EAD & AP revoked). Reason for denial is - applicant has three year Indian Bachelor degree and two year diploma, this cannot considered to be equivalent to 4 year US Bachelor Degree.

Have been working in US since 2000. Now shocked and scared because of this. Planning to file for motion of appeal for I-140.

What are my options? PLEASE advise. I am terrified and very depressed. Need help.
If you didn't used 6 years of H1 , your company can apply for H1 again.This is what my company said and I am just passing it to you.
__________________
Contributed $100.
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  #9 (permalink)  
Old 11-12-2008, 10:42 AM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Quote:
Originally Posted by javadeveloper View Post
If you didn't used 6 years of H1 , your company can apply for H1 again.This is what my company said and I am just passing it to you.

I had used all the six years... I am in the 8+ year now
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  #10 (permalink)  
Old 11-12-2008, 11:06 AM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Apr 2008
Posts: 432
gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute
Default

Quote:
Originally Posted by samanan View Post
Yes I am with the same employer from the beginning (2000).
Thanks for your advise. Will file MTR and then file for H1.
My H1 is expiring on Dec 6th, so that leave me about another 20+ days.

Getting the evaluation done and then filing MTR - I am looking the earliest could be Friday or Monday (11/17) -(hoping I don't encounter any other hurdle).

Anybody knows how long it will take to get the receipt for MTR?

Thanks.
Hi Samanan,
Sorry to hear about your situation. Like some of them have suggested, please go for MTR ASAP, then H1 extension based on MTR.

A quick question, did'nt your lawyer send evaluation document when filing LC and also during H1 extensions?
I wonder, why USCIS did not raise a flag then...

This puts a new twist to GC dream.

GCCovet
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
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If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.

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  #11 (permalink)  
Old 11-12-2008, 07:32 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2008
Posts: 318
addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute
Question

Quote:
Originally Posted by gccovet View Post
Hi Samanan,
Sorry to hear about your situation. Like some of them have suggested, please go for MTR ASAP, then H1 extension based on MTR.

A quick question, did'nt your lawyer send evaluation document when filing LC and also during H1 extensions?
I wonder, why USCIS did not raise a flag then...

This puts a new twist to GC dream.

GCCovet
Samanan,

As your H1 is expiring soon, you can utilize EAD to keep on working till your MTR is resolved. According to your post, you said that EAD has been revoked. Did you explicitely get a notification from CIS that EAD has been revoked? If not, probably it is still valid.

see this link: http://immigration-information.com/f...97&postcount=3

Not sure if this is valid in your case or not. I am sure you are talking to a good attorney who would guide you.
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  #12 (permalink)  
Old 11-12-2008, 09:49 PM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Quote:
Originally Posted by addsf345 View Post
Samanan,

As your H1 is expiring soon, you can utilize EAD to keep on working till your MTR is resolved. According to your post, you said that EAD has been revoked. Did you explicitely get a notification from CIS that EAD has been revoked? If not, probably it is still valid.

see this link: http://immigration-information.com/f...97&postcount=3

Not sure if this is valid in your case or not. I am sure you are talking to a good attorney who would guide you.
My company got the I-140 denial letter and nyself (& for my wife) got a letter from USCIS saying since the I-140 was denied, the corresonding I-485 is also rejected. And any EAD & AP that had been issued based on these were also being revoked.
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  #13 (permalink)  
Old 11-12-2008, 10:12 PM
bec bec is offline
Junior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Sep 2008
Posts: 18
bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of bec has much to be proud of
Default

Quote:
Originally Posted by samanan View Post
Thanks for all who responded.
My education qualification is a Bachelors degree of Science (3 years) and Diploma in Computer Science (2 years). Software industry working experience in India is almost 4 years and US experience is since December 2000.
The denial letters are received and going to see the attorney.

Does anybody know can I go back to H1 while I am filing the MTR?

Thanks all.
Sorry, I couldn't respond sooner. Yes, I was also thinking of MTR as a recourse with all the education evaluations attached. If I get better info (have a coworker in similar situation) I'll add more updates.
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  #14 (permalink)  
Old 11-12-2008, 10:16 PM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Quote:
Originally Posted by bec View Post
Sorry, I couldn't respond sooner. Yes, I was also thinking of MTR as a recourse with all the education evaluations attached. If I get better info (have a coworker in similar situation) I'll add more updates.
Thanks. Appreciate the help.
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  #15 (permalink)  
Old 11-12-2008, 10:24 PM
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 20
samanan is on a distinguished road
Default

Met with a new attorney today. The reason for the rejection is the newpaper advertisement for the requirement was given as "U.S. Bachelor's degree or equivalent". They did not accept my Indian 3 year degree (plus two year diploma) as the equivalent, saying the U.S Bachelors is a four year course and that is the reason they rejected it. The new attorney say the advertisement should have been worded differently to suit the case.

Not sure if the attorney who filed my I-140 & I-485 filed any education evaluation (though got separate money for evaluation). Basically that attorney screwed up my case.

We are going to file the MTR with new education evaluation, then hope God Help Me!

Last edited by samanan; 11-12-2008 at 10:25 PM. Reason: missing info
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