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.
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anai
07-19 02:41 PM
Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
meg_z
04-03 08:04 AM
At least I think I did.
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ilikekilo
09-19 07:32 PM
any idea how many came to the rally?
more...
Ram_C
11-09 05:16 PM
received FP notice for my wife today, I hope my FP notice will follow soon :)
RD:23rd July 07
ND:17th Sep 07
NSC-CSC-NSC transfer case
received Transfer notice for my wife, haven't received mine so far.
RD:23rd July 07
ND:17th Sep 07
NSC-CSC-NSC transfer case
received Transfer notice for my wife, haven't received mine so far.
mammoy2k
12-28 10:38 AM
Anyone invoking AC21 with unapproved I-140?
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
more...
ireddy
05-31 10:58 AM
Done
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jkays94
07-09 12:00 PM
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
more...
jkays94
04-01 09:24 PM
Sent 10 and 11.
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lost_in_migration
05-29 04:31 PM
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
more...
chakdepatte
08-05 02:38 PM
NSC: July 2nd 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
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ramus
06-27 08:00 AM
I can't believe you are sticking with same idea.....
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
more...
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helmet
02-13 08:12 PM
I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
Is any one's LUD changed recently?
Is any one's LUD changed recently?
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pcs
07-10 08:36 AM
We can keep sending emails / call the CNN President.
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
more...
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bigboy007
10-29 12:14 PM
they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.
ICPS printing problems , Delays in approving will happen even if they make premium - join me in this drive if your EAD Card approved and still waiting... we need more people... let the word spread ASAP.
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1665685-ead-cpo-approved-but-no-card-yet-gather-here-4.html
ICPS printing problems , Delays in approving will happen even if they make premium - join me in this drive if your EAD Card approved and still waiting... we need more people... let the word spread ASAP.
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1665685-ead-cpo-approved-but-no-card-yet-gather-here-4.html
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Soul
02-07 08:58 AM
*shrug* Don't ask me
How fast did I get 6?
You're still winning :P
- Soul :goatee:
How fast did I get 6?
You're still winning :P
- Soul :goatee:
more...
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mrajatish
12-28 10:02 PM
Per AC 21, it is soft quota - if you think about it, it is pretty simple.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
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venky08
01-06 02:48 PM
dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
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brkl1935
04-01 08:33 PM
Both fax sent
willwin
02-18 11:36 AM
:rolleyes:
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
Internet/ssnd03,
I would like to clarify few things on behalf of CP filers:
1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.
2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).
Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!
3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.
You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.
485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!
But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!
If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.
Until then, chill out and do not show your frustrations on CP guys.
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
Internet/ssnd03,
I would like to clarify few things on behalf of CP filers:
1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.
2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).
Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!
3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.
You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.
485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!
But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!
If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.
Until then, chill out and do not show your frustrations on CP guys.
alisa
03-24 03:51 PM
Anyone from Minnesota? I have also asked this question on the state chapter thread. Who can give me the information as to who should I go and meet and where in minnesota? where to call and take the appointment? Local congressman means in minneapolis or He could be anywhere in minnesota.
Please PM paskal. He has a group on google groups too.
Now, anyone from Wisconsin? We need members from different congressional districts.
Please PM paskal. He has a group on google groups too.
Now, anyone from Wisconsin? We need members from different congressional districts.
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