Discuss hraina's Tier 1 (General) USCIS Case

Tier 1 (General) case: Approved in 27 days (33 days less than average)
19 Jun 2008
19 Jun 2008
19 Jun 2008
19 Jun 2008
16 Jul 2008
18 Jul 2008
27 days
30 Nov -0001
18 Jul 2008
Refused first time because english language rqmt not met although my bachelors degree is from UK itself! Points scored - 80. Applied under Tier 1 and got it.

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Users currently watching this case: achundru, SamB 14 Comments

Posted by achundru
07 Mar 2008 #1
Can you please give the email id where in we can ask for the reference number
Posted by hraina
07 Mar 2008 #2
Here it is:

[email protected]
Posted by hraina
17 Mar 2008 #3
Called BIA a couple of days ago and they told me that a decision has not been made on my application yet. This could be because I had sent them additional documents on Feb 26th - would have reached them on Feb29th. Maybe my time starts from Feb 29th now??? No idea.....

The only thing I am sure about is that when/if I get the approval by the end of March, then I will have to apply for EC after April 1st (when Tier 1 takes over). Not sure what the new requirements would be in my case then.
Posted by hraina
22 Mar 2008 #4
Received emial from BIA on 20/3/08 sayin a decision has been made and the documents are ready for courier pickup. Sent the info to Mail Boxes Etc. but seems it is the long weekend in the UK and MBE will be able to collect the docs on Tuesday now.

Fingers crossed - it took 49 days for the BIA to take a decision on my application. The delay could be because I sent additional docs on Feb. 26 and maybe my application was removed from the regular queue and my time started from Feb 29 - i.e when they received the additonal docs.

Will post the decion on here once I receive the docs.
Posted by hraina
30 Mar 2008 #5
Some bad news. I received the docs via courier yesterday and they have refused my application.

I have scored 80 points but failed English Language Requirement. Partly my mistake and partly the illogical approach at the BIA.

I have a bachelors degree from UK itself. But BIA has asked for the supporting letter from the university stating that the degree was taught in english, which I did not provide, thinking that a UK degree is anyway taught in english. They have refused the application saying this supporting letter was not included.

Now they have given me two options
1. One free review of the application within 28 days from decision date (March 17). I have to write to them why I think their decision is incorrect without sending any additional evidence.

2. Apply afresh

Now the question is - if I ask for review after April 1st then what rules will be applicable on this review - Old HSMP or Tier 1??
If they apply Tier 1, then I meet the english language requirement automatically. According to the Tier 1 rules, a degree taught in UK and some other designated countries automatically meets the english language requirement. In this case I am not sending any new evidence also.

I have Canadian natiionality - that is also one of the ways to get the english language rqmt automatically met as per Tier 1 rules.

If my review will be according to the old HSMP rules then I don't think there is any other way but to apply afresh.

Any ideas?? Thanks.
Posted by worriedmr
31 Mar 2008 #6
Hi hraina
i am really sorry about ur refusal. Had u told beofore that u did not send any docs for english i would have forewarned u and u would have send docs along with additional docs u sent.
Anyways for ur query- review will be under old HSMP rules.So decision will remain the same. I know its illogical since u have done ur degree from UK but rules are rules -they require a document. Even BIA realised this mistake and therefore they have corrected it in Tier-1 but unfortunately u cannot use the new rules right now.
If u want to apply fresh either provide english proof doc or wait till tier-1 applies for canadian nationals. Tier-1 does not apply on u right now. So wait till summer BIA has given no definete date just summer 2008.
Best of luck for future
Posted by neens
01 Apr 2008 #7
Oh no! I noticed that requirement too. I went to school in the US and I included a letter saying that my degree was in English because some website said I'd still have to. It's a DUMB requirement which makes no sense.

But I guess it is possible for someone to get a degree in an English-speaking country which isn't taught in English, just as it's possible to get a degree taught in English from a non-English speaking country.

Good luck and sorry about your rejection. :(
Posted by hraina
02 Apr 2008 #8
well thats that!

i just find it amusing rather than upsetting. looking at the tier 1 thing, i think they have left a dozen ways to reject now than before. first of all as far as i know it is illegal to ship a passport outside india for an indian national....the list goes on and on

someone needs to do some thinking at BIA...
Posted by AbdulQadeer
20 May 2008 #9
hi hraina,

My consultant Mr. SRINIVAS from "Sritech Consulting Group" is a specialist in getting approval for rejected cases, he has a proven track record for the same.

If u want to discuss your case with him then you may call at the following number for appointment - 0091-40-66320032. You may give my reference as MOHAMMED ABDUL QADEER (HSMP APPLICANT).

I believe at times even a simple piece of advice does wonders. So give it a try and best of luck for the same :)

Posted by SamB
21 Sep 2008 #10
Hello Hraina,

Congratulations on your approval! I am a bit in the same situation as my HSMP application was rejected because my income tax forms did not indicate the dates - only the year. Therefore, I am now applying under the Tier 1 process. I have 2 questions:
1) did you only provide the original certificate for your qualifications or did you also include the academic transcripts?
2) when filling the VAF9, at the question where they ask if you've ever been refused a visa for the UK, did you answer yes or no? I've called WorldBridge and they told me that HSMP was not a visa so I should answer no but still give the letter of rejection in appendix. Is that what you did?

Thanks for your help!
Posted by hraina
21 Sep 2008 #11
Hello SamB,

1) I provided my award certificates only. Not the transcripts.
2) HSMP is not a visa, so you were not refused a visa. You can choose 'no' as the answer to this question.

In your cover letter you must mention your ealrier refusal and also attached the original refusal letter from the Home Office with your Tier1 application.

Hope that helps.
Posted by SamB
22 Sep 2008 #12
Thanks for the quick reply. Tell me: do you have any dependents coming with you? Because I have a few questions on their VAF10 form.
And also, did you need to have a large amount of money transfered to your bank account for the maintenance funds and, if yes, did HO asked you questions about this amount? My husband transferred me the money and I am not sure if I should have a notary have us sign a proof of this?

Posted by hraina
22 Sep 2008 #13
I'm not married so no dependents.
I showed my regular saving account that had the required amount (2800 pounds) there for more than past 3 months. There are some posts that should help abou the notary requirement.
Posted by SamB
22 Sep 2008 #14
Thanks again for your help.
And have fun in the UK!

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