aroranuj
04-15 08:57 PM
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.
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.
wallpaper never say never,
xyz
07-13 08:16 PM
Yes, DREAM Act should not discriminate documented children against the undocumented ones. IV should support amending the DREAM act to include documented children too, since IV is fighting for the issues of legals, law-abiding people like us.
yabadaba
08-10 09:56 AM
I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
2011 dresses Selena Gomez @ quot
jediknight
04-22 04:34 PM
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
more...
akred
07-14 06:35 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
pappu
09-21 02:15 PM
Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
more...
jasguild
07-17 09:12 AM
There is a petition to capture lost visa. If lost visas are recaptured, there will be some relief.
At least that would definetely help. Apparently over the past 5 years they have lost 180,000 visas just becuase.
jasquil
At least that would definetely help. Apparently over the past 5 years they have lost 180,000 visas just becuase.
jasquil
2010 selena gomez never say never dress. Selena Gomez looked fabulous
nrk
10-26 11:39 PM
Sending it to DOS would be a problem ??
But why are they sending it to DOS unless you file for Consular processing?
But why are they sending it to DOS unless you file for Consular processing?
more...
gcformeornot
12-13 04:10 PM
I work for a very large Auto company. Now a days most of the new guys are coming on L1 visas. They work like H1 would work at client.
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
hair selena gomez never say never
new_horizon
11-04 01:13 PM
He's a full blown liberal both fiscally and socially.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
more...
reddymjm
05-05 04:33 PM
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If at all EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
EB3 Jul 03 will be an easy target than EB2 Jun 2006 in my opinion. If you are lucky it could be before the year end or early next year. And if you are too lucky it could be before Oct 08.
1) Wait out till July 2003 under EB3-India become current
2) If at all EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
EB3 Jul 03 will be an easy target than EB2 Jun 2006 in my opinion. If you are lucky it could be before the year end or early next year. And if you are too lucky it could be before Oct 08.
hot His girlfriend Selena Gomez on
GC_LOOKIN
07-22 01:43 PM
E-Filed: May 30th, 2008
FP: June 28th, 2008
EAD Status: Pending:mad:
FP: June 28th, 2008
EAD Status: Pending:mad:
more...
house dresses Selena Gomez
tinku01
02-19 12:57 PM
rb3_napa you are absolutely right but as we all have been working together to resolve all these GC issues therefore it becomes necessary to consider everybodies problems in the group. As this goup was earlier started by all 485 filers then it's not a good sense to ask 485 releives although CP filers have also joined this group later.
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
tattoo selena gomez never say
satyab7
04-01 09:12 PM
Dear IV Members,
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
more...
pictures selena gomez never say
El_Guapo
04-13 06:28 PM
While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.
Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.
Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.
Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.
Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.
Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.
Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
dresses dresses Selena Gomez At The
bskrishna
05-15 01:53 AM
How come such legislative efforts are not even in IV's radar now....
more...
makeup Compare. Selena Gomez
willwin
10-11 04:44 PM
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
girlfriend dresses Say Never movie
pat123
10-28 03:40 PM
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
The signature Quote of yours give an answer for your view point.
Read your Katha upanishad quote:
Wise take the path of joy and Fools take the path of pleasure. I leave it your discretion whom you are!!!:p
The signature Quote of yours give an answer for your view point.
Read your Katha upanishad quote:
Wise take the path of joy and Fools take the path of pleasure. I leave it your discretion whom you are!!!:p
hairstyles makeup selena gomez never say never selena gomez never say never dress.
gc28262
06-10 05:21 PM
We shouldn't give much significance to what USCIS and DOS officials say. Both of these departments don't have a grasp on what is happening in their respective organizations.
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
H1bslave
11-19 03:35 PM
Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?