enggr
09-26 02:37 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
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mheggade
08-01 01:15 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
Just use the search option. I think this question has been answered several times
Just use the search option. I think this question has been answered several times
sheela
02-21 01:17 PM
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
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RajForGC
06-07 12:10 PM
EB3 140 is already approved on Jan 2006, we re-applied 140 again on EB2 but got the Priority date of EB3 for EB2 of Sep 2005. But I Think priority date is only for Labor not 140, so my 140 for EB2 is still May 21 isn't it?
more...
nozerd
01-04 01:05 PM
If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
Alsas the US doesnt reconize domestic partners :)
Alsas the US doesnt reconize domestic partners :)
paskal
07-14 05:47 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
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
more...
sanz
05-11 12:28 PM
agree with black tongue... at least we are much better than their scenario
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
more...
pd_recapturing
06-19 10:12 AM
^^^^BUmp^^^^
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sanbaj
05-05 03:10 PM
Sanbaj, Is there any update regarding your case ?
None so far. No updates from the Lawyer or any LUD change. My I485 RD is 08/16/07, and NSC has not reached that date as yet. My lawyer's office called and the response was "The request is attached to the file (485)". I called NSC and the IO there DO NOT know the meaning of Interfiling and the IO I got was very rude and in a hurry to finish the call. She said that these officers should not give us (AOS Adjustees) any info, please inform me if any USCIS officer has broken that rulw. I said no one has and finished the call. Now, I am waiting, as have been for last six years for various things on the GC journey, for NSC I485 Processing status to go beyond Aur/16/2007. Once it does, I will call them again.
Sorry, I was late in the response as I did not check this thread for a month or so.
The story continues...
None so far. No updates from the Lawyer or any LUD change. My I485 RD is 08/16/07, and NSC has not reached that date as yet. My lawyer's office called and the response was "The request is attached to the file (485)". I called NSC and the IO there DO NOT know the meaning of Interfiling and the IO I got was very rude and in a hurry to finish the call. She said that these officers should not give us (AOS Adjustees) any info, please inform me if any USCIS officer has broken that rulw. I said no one has and finished the call. Now, I am waiting, as have been for last six years for various things on the GC journey, for NSC I485 Processing status to go beyond Aur/16/2007. Once it does, I will call them again.
Sorry, I was late in the response as I did not check this thread for a month or so.
The story continues...
more...
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rolrblade
07-19 10:35 AM
Just so you dont miss this. I also PM'ed you.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
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natrajs
08-06 04:37 PM
Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
EB2-I RIR - NJ , BEC - Philly Approved on 12/20/2006 - PD - 06/18/04
I140 - Approved on 06/04/07
RD : 08/08/07 - TSC
ND : 09/28/07
FP : 11/1/07
I485 : !@#????????????? - I don't know (planning to buy Mega million and Power ball lotto with my own algorithm which I believe that I have chance to win, How ever I can not predict the USCIS process)
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
EB2-I RIR - NJ , BEC - Philly Approved on 12/20/2006 - PD - 06/18/04
I140 - Approved on 06/04/07
RD : 08/08/07 - TSC
ND : 09/28/07
FP : 11/1/07
I485 : !@#????????????? - I don't know (planning to buy Mega million and Power ball lotto with my own algorithm which I believe that I have chance to win, How ever I can not predict the USCIS process)
more...
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raamskl
07-31 08:48 PM
How did you get the LIN number for this case?
Hm.. I was thinking that these are random #'s that I had typed in earlier and which IE had saved in the form box. But now I think about it, I believe i got these numbers from this forum on some thread long time back.. Don't know which one, I have edited the post now to mask the LIN #.
Cheers.
Hm.. I was thinking that these are random #'s that I had typed in earlier and which IE had saved in the form box. But now I think about it, I believe i got these numbers from this forum on some thread long time back.. Don't know which one, I have edited the post now to mask the LIN #.
Cheers.
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pasupuleti
05-22 03:23 PM
We should get an amendment to make all H1Bs illegal. so we can easily qualify for this Z visa.
Actually i see lots of benefits turning into illegal, lets go illegals.
Actually i see lots of benefits turning into illegal, lets go illegals.
more...
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losthope
06-11 12:46 AM
# of votes are less. many people don't know about this?
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ash0210
03-21 05:40 PM
sent PM to ALL Columbus, OH guys...Nat23, riazahamed, martinez43123, probe!! Hope, someone will definatly respond....If no one responds, I will meet alone along with my wife (possibly with kids, if they are not in school!)
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
more...
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neverbefore
07-14 11:38 AM
Your spouse applied for H4/H1? Which one?
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
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Macaca
09-21 11:47 AM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
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bestia
08-31 03:55 PM
Good Find
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
hazishak
07-31 11:21 PM
I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
CADude
07-27 05:25 PM
Good one!!
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
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