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whattodo
07-27 02:51 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
It seems like you are showing your "bossism" on what we should say here. If people has right to call and publish here, then others have right to criticize their decision to call. We should NOT encourage such irrational behavior of calling USCIS daily for no reason.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
It seems like you are showing your "bossism" on what we should say here. If people has right to call and publish here, then others have right to criticize their decision to call. We should NOT encourage such irrational behavior of calling USCIS daily for no reason.
wallpaper Tango Face Smile clip art
eilsoe
02-05 06:27 AM
"stage" a late comeback...? :bad:
hindu_king
11-03 03:51 PM
My Prediction for Dec bulletin
Eb2 and Eb 1 all others - C
EB2 India & China - Jan 1, 2006
EB 3 India - Jan 1, 2002
EB 3 all others - Jan 1, 2003
All others current...Hope this comes true....:-)
So you think EB2I will be Jan 2006 because your PD is Dec 2005? I like your wishful thinking because my PD is Dec 2005 too and I hope your prediction comes true.
Eb2 and Eb 1 all others - C
EB2 India & China - Jan 1, 2006
EB 3 India - Jan 1, 2002
EB 3 all others - Jan 1, 2003
All others current...Hope this comes true....:-)
So you think EB2I will be Jan 2006 because your PD is Dec 2005? I like your wishful thinking because my PD is Dec 2005 too and I hope your prediction comes true.
2011 Smile Cow clip art. Preview
xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
more...
diptam
06-07 12:12 PM
Hi ,
I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.
"
Current Status: Case received and pending.
On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
"
looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.
Thanks.
I sent all papers in APRIL but the company lawyers filed LATE and USCIS gave the receive date as MAY 16th.... (They might have mailed May 13th or 14th and kept on bluffing ... )
If May 15th is the cut off date - guys like you and me are the worst sufferers... But who knows if the MBS will turnout to be better than the Old system ??
If this BILL becomes LAW we have to apply in MBS immediatly so that we do not get BACKLOGGED there too ....
I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.
"
Current Status: Case received and pending.
On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
"
looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.
Thanks.
I sent all papers in APRIL but the company lawyers filed LATE and USCIS gave the receive date as MAY 16th.... (They might have mailed May 13th or 14th and kept on bluffing ... )
If May 15th is the cut off date - guys like you and me are the worst sufferers... But who knows if the MBS will turnout to be better than the Old system ??
If this BILL becomes LAW we have to apply in MBS immediatly so that we do not get BACKLOGGED there too ....
lazycis
02-28 01:49 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
more...
zbd
01-03 09:43 PM
feel that is shame to tell, but you need to speak out... What to do ?
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
2010 Smile Face clip art. Preview
add78
05-15 01:23 PM
All,
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
Unfortunately MBA does not fall under STEM degree list.
Per the recent OPT extension rule announcement by USCIS, you can write to them as they are taking suggestions with the reasons why MBA should be included. It will be hard to pursue because it is difficult to show shortage of skilled workers with MBA skills needed in US, but you are welcome to send USCIS letters.
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
Unfortunately MBA does not fall under STEM degree list.
Per the recent OPT extension rule announcement by USCIS, you can write to them as they are taking suggestions with the reasons why MBA should be included. It will be hard to pursue because it is difficult to show shortage of skilled workers with MBA skills needed in US, but you are welcome to send USCIS letters.
more...
dixie
11-30 06:19 PM
I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
until 2002 they issued.after that they stopped..
until 2002 they issued.after that they stopped..
hair hi. i am so happy
file485
01-06 06:09 AM
I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
more...
go_guy123
01-04 07:01 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
I am curious to know with whom he spends the night with...only that one is eligible to come on H4.
Damm...my imagination is running wild.
I am curious to know with whom he spends the night with...only that one is eligible to come on H4.
Damm...my imagination is running wild.
hot billy roundhead coy smile
katie335
02-06 05:08 AM
hello
i dont know much about this pixel art thing, but I like the look of souls, its very realistic and full of atmopshere, wel done everyone
kate :love:
i dont know much about this pixel art thing, but I like the look of souls, its very realistic and full of atmopshere, wel done everyone
kate :love:
more...
house Laughter smile / Clipart Gif
Arjun
01-04 12:50 PM
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
tattoo orange smiley toothy smile
chanduv23
12-21 01:13 PM
Recently a friend of mine visited us in Houston and the purpose of his visit was that he surrendered his passports after getting his American Citizenship and waiting for the surrender certificate. He has been waiting for 2 months and still no luck. I am wondering why processing a surrender certificate takes such a long time?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
more...
pictures Smile for mama / Clipart Gif
thamizhan
07-19 09:54 AM
This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
dresses smiley face clip art. happy
senthil1
05-18 12:41 PM
It is good. But .... There were many bills like this in past few years. But it is tough to get even considered unless if you come out a small number like 50k or less. Basically every year immigrant groups were asking unlimited number of GC for US Master degree holders. If they give unlimited gcs for US master degree holders then that number only will add 500K per year as Indian students only have numbers around 80k every year. So with some cap and exemption just for Phd holders will have a better chance of passing in congress.
I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.
I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.
more...
makeup Smile, Smilies | Cliparts
bidhanc
03-22 09:14 AM
All NY members - New York City, upstate ... please join this mailing list
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
Hi,
I have added myself under the name boss_bid.
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
Hi,
I have added myself under the name boss_bid.
girlfriend Vector Clip Art Picture of a
aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
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pointlesswait
11-19 02:28 PM
a self serving proposal..
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
sgupta33
01-24 03:00 PM
bump
pmb76
07-20 04:57 AM
You sure are a spindoctor : You gave yourself a worthy id. Why do you have to call USCIS cruel for the choices you made ? USCIS has not separated you from your wife. You have chosen to live in this country and you have the choice to be with her or not. Remember - no one can force you to do anything in this world. Life is always a tradeoff for every living creature in this world and we must learn to make the best of it. Although I do sympathize with you - you need to grow up and stop blaming others for your mistakes.
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