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| Hello, I'm sonekapinjra
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I am from India
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I last logged in on 02 Sep 2008
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I have been a member since 23 Jan 2008
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| I have added
54 posts in trackitt forums
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I added my last post on 02 Sep 2008
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sonekapinjra's Immigration Cases
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| I-140 case:
Denied after 257 days (4 comments) (View approval trend) |
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| User: |
sonekapinjra |
Labor Filing Date: |
02 Feb 2007 |
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| Service Center: |
Nebraska |
Processing Type: |
regular |
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| Category: |
EB2 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
22 May 2007 |
USCIS Received Date: |
25 May 2007 |
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| USCIS Notice Date: |
27 May 2007 |
RFE: |
yes |
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| RFE Reply Date: |
21 Jan 2008 |
I-140 Status: |
denied |
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| Denial Date: |
06 Feb 2008 |
Nationality: |
India |
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| Last Updated: |
08 Apr 2008 |
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| Notes: |
RFE on 12/2008 about use of the term SUBSTANIALLY EQUIVALENT IN THE LC APPLICATION and also 3 year Indian Bachelor's degree which is a big issue now in all service centers.AILA is trying to file a lawsuit but needs adequate numbers of applicants who are |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-140 case:
Approved in 192 days (86 days less than average*) (0 comments) (View approval trend) |
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| User: |
sonekapinjra |
Labor Filing Date: |
21 Jul 2007 |
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| Service Center: |
Nebraska |
Processing Type: |
regular |
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| Category: |
EB2 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
29 Jul 2007 |
USCIS Received Date: |
02 Aug 2007 |
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| USCIS Notice Date: |
18 Sep 2007 |
RFE: |
yes |
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| RFE Reply Date: |
29 Jan 2008 |
I-140 Status: |
approved |
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| Approval Date: |
10 Feb 2008 |
Nationality: |
India |
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| Last Updated: |
25 Aug 2008 |
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| Notes: |
Ability to pay issue for this I1-40 which is a different one from my wife's application which is still pending |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-140 case:
Denied after 78 days (0 comments) (View approval trend) |
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| User: |
sonekapinjra |
Labor Filing Date: |
02 Feb 2007 |
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| Service Center: |
Nebraska |
Processing Type: |
regular |
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| Category: |
EB3 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
15 Jan 2008 |
USCIS Received Date: |
17 Jan 2008 |
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| USCIS Notice Date: |
21 Jan 2008 |
RFE: |
yes |
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| RFE Reply Date: |
06 Feb 2008 |
I-140 Status: |
denied |
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| Denial Date: |
04 Apr 2008 |
Nationality: |
India |
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| Last Updated: |
08 Apr 2008 |
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| Notes: |
Tried to save LC with EB-3 as EB-2 got a RFE and Attorney suggested to save LC by filing EB-3.EB-2 now is AAO.Will be in waiting line forever now |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: I-140 Denied due to Education - HELP NEEDED PLEASE
Sri,
Now it is more clear and I have few feelers which could have caused ur EB2 denial.USCIS has been rejecting many 3 year bachelors if they are trying to upgrade from EB3,Why I am not sure,especially those with 3 year bachelor degree.This is what I have seen in many forums.
I reiterate the words SINGLE SOURCE 4 YEAR DEGREE IS WHAT USCIS IS ASKING FOR.This again is the trend I have seen and is not written in stone.
I have seen few trackitters who had approved EB3 140 and then filed fresh PERM and fresh EB2 140,USCIS then is pulling out old EB3 140 which was approved and denying it.This has been AILA'S number one concern and NSC does not seem to care.
Now the degree evaluators are making money on this.But as DREAMCARD mentioned,USCIS uses only AACRAO.We know that from the 10 page denial letter we got for both our EB2 and EB3 140s.
What do u mean by amendment?did u amend ur LC?am I right?
What is ur next step now? |
Topic: I-140 Denied due to Education - HELP NEEDED PLEASE
Sri,
Let me make it little more clear.If you want USCIS to accept ur BSC+MSC which is total 6 years and use ur 5 year experience as criteria for EB-2,then tell me how long is ur experience in ur previous job/s before u filed ur LC,First update ur profile so I can understand what is going on with ur LC,140,485 etc more clearly.
If ur exp is 5 YEARS EXCLUDING THE TIME IN THE PRESENT JOB,THEN U HAVE A POINT.OTW,this case is as good as gone.This is my knowledge so far.U can talk to ur lawyer though.
If the experience u earned is in a previous job amounting to 5 years,then u can try and fight the case,but still they are asking for a SINGLE SOURCE 4 YEAR DEGREE AND NOT ACCEPTING A COMBINATION OF DEGREES AS BEING EQUAL TO US BACHELORS.This is again not written in stone,it is so horrible that it is totally unpredictable.some get away,some get denied,we r the unlucky ones.:((((
we filed EB3 with same LC,THEY EVEN DENIED THAT TOO!!!which was not surprising to us becos the job needed a MASTERS,then my wife's degree will not be equal to US MASTERS ANYWAYS,BTW,She did not have 5 years US experience.
So we appealed the EB-2 140 only based on a single case cleared by AAO in FEB,2008.
Coming to ur case,appeal it anyway as u have very less time.The old LC ATLEAST gives u yearly extns until u file a new perm as EB-3,then file 140 after which u can get atleast get 3 year renewals of H1B. |
Topic: I-140 Denied due to Education - HELP NEEDED PLEASE
GC2010,
I am not a crystal ball expert,but based on ur case which sounds similar to my wife who is BSC+MSC Micro with similar LC language got RFE in Jan,2008,denied Feb,2008.
Her PD was Feb,2007.The case is now in AAO.I am a pessimistic kinda person,so please take my opinion with careful thought.
If u are lucky to get by a good IO,u might get away,Otherwise RFE from NSC is coming ur way,when and what,I cannot tell u.
Please read all posts in trackitt on 3 year degree and chat with people who got approved to fight ur case.In the mean time do not wait for RFE,file another PERM asap under EB-3 skilled category.I know ur experience qualifies for EB-2,but the language by NSC has been very confusing.Who they are picking and who not is totally in their hands.Read NSC criteria for EB-2 and EB-3 in OH LAW firm website.
Speak to Murthy or Shusterman.take their advice.I am not a lawyer. |
Topic: I-140 Denied due to Education - HELP NEEDED PLEASE
Sri,
USCIS equals ur India's masters to U.S MASTERS,but ur bachelors is NOT EQUAL TO U.S BACHELORS.If this is written as u mentioned in ur LC,then forget about ur case and quickly file a new LC under EB-3.
By now u should have noticed so many denials coming from both NSC and TSC with 3 year degree.AAO has given 1-2 cases approval but that is luck and if u do not have time on ur H1B,file APPEAL right away with DEGREE EVAL from TRUSTEFORTE just becos it is cheaper than DEGREE PEOPLE who charge 1050 $ but ur case still gets denied.This will give u time to extend ur H1B for some time till ur new PERM gets approved.
Read my posts on this topic by clicking on my ID.I am not sure if any gurus differ with me but this has been our personal experience.
Good Luck. |
Topic: RFE on I-140 for 3 Year Bachelors + 2 Year Masters
ramk12345,
I have done tons of research on 3+2.ours got denied for EB-2,we filed in EB-3 and that got denied too.See all my posts when you click on my ID.It will give u an idea of what u might need to do.
As someone already said above that sometime they approve it,sometime they do not.But u have to talk with a good attorney.
khanna charges 2k for this kind of case.
shusterman might tell u to forget about this case and start fresh PERM.Murthy is the cheapest and they will fight the case only to prolong the time,all of them told us no guarantees of approval if they take the case,this is our experience.
U must use trustefortecorp as they are reasonable.We used sheila danzig and paid 1055 and courier charges.we got rejected inspite of sending 700 pages of paperwork she gives u to file with her 2 letters from 2 Indian professors.
THE FACT REMAINS IS INDIAN 3 YR BACHELOR IS NOT EQUAL TO US 4 YR BACHELORS.My wife's EB-2 and EB-3 were denied when we used the same LC.Is urs substitute LC?How much time is left on ur H1B?How big is ur company?
90% chance of getting denied even after full eval by trustforte is my GUESS.10% U MIGHT GET A GOOD IO WHO WILL APPROVE IT WITH EVAL.No need for course by course eval as might not help anyways.just more money.
Good luck and let us know what happened to ur case. |
Topic: Is it possible to upgrade EB3 Labor to EB2 if eligibility matches?
Be careful about denial as you need to make sure someone else did not use the same LC as this is very common nowadays where desi employers are RE-selling and RE-abusing the OLD LCs which you have indirectly purchased [less salary means ur boss gets to pocket the difference.]
Now coming to conversion,you need the I-140 approved before u can upgrade I think.I am not very sure but check with ur attorney.
Even if upgrade,as I said,NSC has strict criteria nowadays about using experience to EQUATE into advanced degree EB-2 category and you can be denied.It is luck nowadays based on what I have seen on the forums.
I would not care to reply but for ur honesty in admitting to the crime,I decide to spend a minute to make u aware.Now Do remember to read all my posts by clicking on my ID and u can to GO those discussions which I had took part in and those are the ones which will give you an idea what is the latest about USCIS saga and land of dreams nightmare. |
Topic: Is it possible to upgrade EB3 Labor to EB2 if eligibility matches?
Sure why not!!
First u jump the line in 2007 with an LC from 2002 and now you want to go ahead to EB-2.Good luck.
Just kidding cohiba....U need to read all the posts in the I140 section in trackitt with eb-3 and eb-2 mentioned in the headers over the last 1 year and you will get a gist of what u need to including the links to learn more about this.
BTW,Is ur LC purchased by you or given for free by ur "Desi" employer?????I am not being rude,but want you to understand the pain and agony of 700,000 persons who applied before you and are struggling every day and night to get justice and here you are asking for a free ride at so many persons expense.
If this LC is given to you in a honest manner,I take back all the words I mentioned above,otherwise you will face the truth sometime in the future in some manner.
Truth always prevails!!
Good luck,Speed king. |
Topic: EB2 question
If ur exper. is 5 years in a prior job,then it is OK,BUT there is still an issue with ur 3 YEAR INDIAN degree which is not equal to US 4 year bachelors.But this has been the true trend in NSC,So I am not sure what ur chances are except if the TSC IO is in a good mood that day.
With my experience,be ready for the following but this is just a worst case scenario,so u could be lucky and get approved,
1.RFE.
2.NOID without any RFE.
3.verification of ur degree with an agency that does it,which again is fine with EB-3,not for EB-2.
4.Start 2nd PERM under EB-3 unskilled worker if u get an RFE as backup.
5.Do not use EAD if u havent.
6.Make sure if u have enough time left on H1B,if not file for extension using approved PERM to buy some time if ur H1B is expiring within 6 months.
7.If experience if in present job,then change job with transfer of H1B and start PERM -EB-3 anyways.
8.Forget about what all I said above and be happy and thankful to GOD that ur application went to TSC and got approved!!!! |
Topic: RFE - good news or bad news
Did u have the xperience in the present job who filed for GC or in a prior job,if it is present job,then it is not counted.
Describe ur experience level when u filed LC both in India and USA. |
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