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wandmaker

10-22 10:07 PM

Hello,

Please advice on this.

Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's

My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.

Does anyone have the same issue?

I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.

Does anyone have any info about CCI?

Please advice.

Thanks.

Everyone knows the fact


B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.

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i99

09-26 01:18 PM

Answer to the initital inquiry in this thread:

I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(

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BumbleBee

05-30 12:27 PM

Here we go again....the never ending bad news loop for immigrants (to be)
Source-->
http://www.immigration-law.com/

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


E. Summary of Final Fees

The USCIS Immigration and Naturalization Benefit Application and
Petition Fee Schedule, the proposed fees, and the final fees
established by this rule are summarized in the attached table.

----------------------------------------------------------------------------------------------------------------
Current Proposed
Form No. Description fees fees Final fees
----------------------------------------------------------------------------------------------------------------
I-90.................................. Application to Replace Permanent $190 $290 $290
Resident Card.
I-102................................. Application for Replacement/ 160 320 320
Initial Non-immigrant Arrival-
Departure Record (I-94).
I-129................................. Petitions for a Nonimmigrant 190 320 320
Worker.
I-129F................................ Petition for Alien 170 455 455
Fianc[eacute](e).
I-130................................. Petition for Alien Relative...... 190 355 355
I-131................................. Application for Travel Document.. 170 305 305
I-140................................. Immigrant Petition for Alien 195 475 475
Worker.
I-191................................. Application for Advance 265 545 545
Permission to Return to
Unrelinquished Domicile.
I-192................................. Application for Advance 265 545 545
Permission to Enter As a
Nonimmigrant.
I-193................................. Application for Waiver of 265 545 545
Passport and/or Visa.
I-212................................. Application for Permission to 265 545 545
Reapply for Admission into the
United States After Deportation
or Removal.
I-360................................. Petition for Amerasian, 190 375 375
Widow(er), or Special Immigrant.
I-485................................. Application to Register Permanent 325 905 930
Residence or Adjust Status.
I-526................................. Immigrant Petition by Alien 480 1,435 1,435
Entrepreneur.
I-539................................. Application to Extend/Change 200 300 300
Nonimmigrant Status.
I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
Immediate Relative/Application
for Advance Processing or Orphan
Petition.
I-601................................. Application for Waiver of Grounds 265 545 545
of Inadmissibility.
I-612................................. Application for Waiver of the 265 545 545
Foreign Residence Requirement.
I-687................................. For Filing Application for Status 255 710 710
as a Temporary Resident.
I-690................................. Application for Waiver of 95 185 185
Excludability.
I-694................................. Notice of Appeal of Decision..... 110 545 545
I-695................................. Application for Replacement 65 130 130
Employment Authorization or
Temporary Residence Card.
I-698................................. Application to Adjust Status from 180 1,370 1,370
Temporary to Permanent Resident.
I-751................................. Petition to Remove Conditions on 205 465 465
Residence.
I-765................................. Application for Employment 180 340 340
Authorization.
I-817................................. Application for Family Unity 200 440 440
Benefits.
I-824................................. Application for Action on an 200 340 340
Approved Application or Petition.
I-829................................. Petition by Entrepreneur to 475 2,850 2,850
Remove Conditions on Residence.
I-881................................. NACARA--Suspension of Deportation 285 285 285
or Application for Special Rule
Cancellation of Removal.
I-914................................. Application for T Nonimmigrant 270 0 0
Status.
N-300................................. Application to File Declaration 120 235 235
of Intention.
N-336................................. Request for Hearing on a Decision 265 605 605
in Naturalization Procedures.
N-400................................. Application for Naturalization... 330 595 595
N-470................................. Application to Preserve Residence 155 305 305
for Naturalization Purposes.
N-565................................. Application for Replacement of 220 380 380
Naturalization Citizenship
Document.
N-600................................. Application for Certification of 255 460 460
Citizenship.
N-600K................................ Application for Citizenship and 255 460 460
Issuance of Certificate under
Section 322.
Biometric Services............... 70 80 80
----------------------------------------------------------------------------------------------------------------

BumbleBee

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Robert Kumar

02-11 11:38 AM

My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.

Best of luck with your EB2.

Thanks.
Any more feedback, please.

Bobby.

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March 20th, 2004, 11:43 PM

Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..

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Chicago Desi

03-15 03:39 PM

Yes, wait for an RFE and do what they ask you to do in that RFE.

My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.

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Saralayar

08-11 03:43 PM

What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

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07-17 03:29 PM

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04-23 11:19 PM

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dc2007

07-31 08:17 PM

I am in the same boat.

I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.

The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.

There is a 50-50 chance of getting my RFE cleared. Please suggest:

1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?

Please guide ?

Thanks
DC

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jingi1234

08-19 05:30 PM

Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

For my case �.. no issues providing evidence and everything is straight forward.

But for my wife �.we have some issue (I think)

USCIS wants her status from May 01, 2003 to Mar 01 2006.

She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

What are odds that her case might we rejected�any opinions here.

Thanks,
Jingi

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giddi_raja@yahoo.com

11-02 02:43 PM

It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

I am on the same case, waiting for USCIS reponse. Thanks.

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paulcao1978

01-20 10:16 PM

Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.

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Eternal_Hope

04-07 10:32 AM

Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


Thanks

ALL THE BEST!

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sammas

07-14 12:36 PM

Please look at the text below

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.

Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.

Hope this helps.

Note : I am not an attorney, please make sure to take legal advice.

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joydiptac

04-14 02:58 PM

Hi All,

Please advise me on status below.

My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

Thanks,
Vishwa.

I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.

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waitnwatch

07-06 11:02 AM

I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?

Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.

Any help please.............

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roseball

04-02 12:19 PM

Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna

Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.

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GCNeophyte

09-17 01:47 PM

Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

short answer - i had been in your situation and what my laywer told me is this

doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

Secondly, you are all good to continue working on your H1b even after entering through AP.

this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

Good Luck !!

bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,

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looivy

10-06 02:07 AM

Hi IV Team,

Excellent job building up this team of notable advisors.

Thanks.

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dsneyog

01-14 08:38 PM

I really hope then I will get mine in another 2 weeks. Neither company nor me want to lose any money on cruise and flight booking. it's so hard for them to understand that there could eb issues like this for cruise vacation.AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.

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