gc_chahiye
09-26 04:59 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
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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gdhiren
08-29 10:41 AM
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
cbpds
07-09 11:04 AM
Guys, there is real substance to what oscarzumaran says as well......
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
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ireddy
05-31 10:58 AM
Done
more...
ArunAntonio
08-31 07:21 PM
Lets keep pluggin along and try to think of creative ways to encourage people to come to the rally, In my opinion the most emphasis should be place on recruiting the east coast members to show up for the rally, guys please talk to people and educate them of this effort any one with any sort of clarity of thinking will be able to clearly see that they are the direct benificiaries of this, there are so many people who are putting in so many hours of their personal time to make this a sucess the least other can do is take part in it.
I believe that persistance pays off .. lets keep moving in the right direction.
I believe that persistance pays off .. lets keep moving in the right direction.
gvenkat
11-09 05:28 PM
When should I start rumbling?
Filed Date : Aug 30th 2010
Receiept date : Aug 30th 2010
SLUD's thrice : 09/03,09/10 and 11/05
E-filed, Texas Service center and sent in supporting docs.
No emails or anything so far... Should i wait the whole 90 days before starting to make some noises?
I filed my EAD on the same date at Nebraska recieved that last week.
I just cannot understand why they need to do this filing and can't make EAD/AP a single doc and valid for two years.. Just plain frustrated. :mad:
Filed Date : Aug 30th 2010
Receiept date : Aug 30th 2010
SLUD's thrice : 09/03,09/10 and 11/05
E-filed, Texas Service center and sent in supporting docs.
No emails or anything so far... Should i wait the whole 90 days before starting to make some noises?
I filed my EAD on the same date at Nebraska recieved that last week.
I just cannot understand why they need to do this filing and can't make EAD/AP a single doc and valid for two years.. Just plain frustrated. :mad:
more...
IfYouSeekAmy
04-20 12:02 PM
Good luck with this effort since you are already fighting among yourselves! :D
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prioritydate
08-17 10:55 PM
still waiting patiently :)....
Trust me. You would see an approval this month. Most of the people who got an LUD on their approved I-140 on 07/13/2008 are seeing their GC approved. Only uncertain people are those who hasn't seen any such light.
Trust me. You would see an approval this month. Most of the people who got an LUD on their approved I-140 on 07/13/2008 are seeing their GC approved. Only uncertain people are those who hasn't seen any such light.
more...
Ram_C
11-19 02:05 PM
I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
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meridiani.planum
07-20 03:37 AM
History does not repeat itself. The historians repeat one another.
Max Beerbohm
Sir Beerbohm was a parodist. I hope you have not taken something he said in satire and made it your life's mission statement ;)
If we are going to quote humorists, heres one that shares my view:
You must learn from the mistakes of others. You can't possibly live long enough to make them all yourself. ~ Samuel Levenson
I guess it does make life more exciting when we make decisions without thoughts to the past but I prefer learning from others experiences. Rather make new mistakes than do something stupid that 3 other people had already done.
You are of course entitled to your own views on life and debating this is perhaps of no use.
Max Beerbohm
Sir Beerbohm was a parodist. I hope you have not taken something he said in satire and made it your life's mission statement ;)
If we are going to quote humorists, heres one that shares my view:
You must learn from the mistakes of others. You can't possibly live long enough to make them all yourself. ~ Samuel Levenson
I guess it does make life more exciting when we make decisions without thoughts to the past but I prefer learning from others experiences. Rather make new mistakes than do something stupid that 3 other people had already done.
You are of course entitled to your own views on life and debating this is perhaps of no use.
more...
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rameshk75
02-12 06:25 PM
Hi Shana,
Just came home from work and logged back. My scenario:
- I have my H1 until Sep'09.
- If i change the employer will i get an extension for 3yrs based on the approved 140?
- Do i need to file 140 again with the new employer?
Thanks in advance
Just came home from work and logged back. My scenario:
- I have my H1 until Sep'09.
- If i change the employer will i get an extension for 3yrs based on the approved 140?
- Do i need to file 140 again with the new employer?
Thanks in advance
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JazzByTheBay
02-10 11:54 PM
Not into LUD-watching per se, but I got an email update for my spouse's case - same message. June 30/July 2 filer, TSC -> CSC -> NSC route, RFE responded to recently (1/28) for my own I-485.
Glad to know I wasn't the only one... and it probably doesn't mean a whole lot at this point given the priority dates.
jazz
Glad to know I wasn't the only one... and it probably doesn't mean a whole lot at this point given the priority dates.
jazz
more...
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Anna35
09-19 03:20 PM
You know that's my point. do you really think we can't do nothing more?.....
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
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sanjay
01-26 04:28 PM
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
more...
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himu73
10-01 09:08 PM
as you said mine is same case. My wifes 140 approved from NSC so I guess the application will move back to NSC.
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
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Green06
09-19 12:39 PM
I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.
more...
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looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
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gsc999
09-05 11:00 PM
I am taking Jetblue from Oakland to Dulles Airport in DC reaching on Sunday (09/16)morning
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
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addsf345
01-09 02:55 PM
Also I agree what Logiclife said when it comes to payments..
I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.
ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).
I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period
references for you
http://www.tnhis.com/excchangingjobs.htm
http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
(good and clear one above)
hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...
Thank you, logiclife and everyone for your inputs. This thread contains really useful information for anyone going through either job change or job loss circumstances.
I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.
ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).
I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period
references for you
http://www.tnhis.com/excchangingjobs.htm
http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
(good and clear one above)
hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...
Thank you, logiclife and everyone for your inputs. This thread contains really useful information for anyone going through either job change or job loss circumstances.
laborday
07-17 10:35 AM
The processing time is still as of June 18th... There is no july yet
Close all of your browser and start a new one. This may work.
Close all of your browser and start a new one. This may work.
abhijitp
07-08 11:29 AM
NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.
This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.
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