Discuss manny20's I-140 USCIS Case

Hi,

I’m a British citizen that has a 3 year Bachelor’s Degree with 5 years’ work experience and my employer will be sponsoring me for an immigrant visa in the EB2 category.

I saw on Trackitt that your nationality is from the United Kingdom so assumed you probably obtained your 3 years Bachelor’s degree from a UK university. I was hoping you would be able to help me know if your petition for an EB2 visa was filed with you just having a UK 3 years Bachelor’s degree and more than 5 years progressive experience (ie, you did not have a Masters or PHD etc). I only ask this as I have heard that generally 3 years Bachelor’s degrees are not equivalent to a US 4 years Bachelor’s degree for the sake of an EB2 Petitions and this is the category in which my employer was looking to sponsor me in. There is some confusion for me as I have heard 3 years UK degrees and 3 year degrees from other countries are deemed differently by UCIS but as a whole 3 year degrees are rejected when combined with experience at the I-140 stage.

If you are able to let me know if you were processed successfully with just a 3 years UK Bachelor’s degree and 5 years progressive experience then this would greatly ease my mind for my potential petition into EB2.

Many thanks in advance.

Hello FUBU05,

Yes I have a 3 year B.S.c and a 1 year M.S.c both from universities in the UK, along with 9 years experience with my employer, an EU firm I worked for in the UK that subsequently asked me to transfer to the US 5 years back. My master degree is directly related to the field I work in, and to some degree so is my Bachelors. However the role I perform and pretty much every role at the firm usually only request undergraduate degree and experience so as such my employer has applied for EB2 as BSc plus 5 years. From what I have understood there are rumors that USCIS may not consider a UK 3 year degree equal to a 4 year US degree. My employer along with the legal firm that represent us meticulously pointed out the difference between the UK/US education system and explained in detail the role of A-levels etc and generally the UK having one of the highest university standards in the world. I am told this is usually sufficient as the firm has applied for a few GC in the past with generally no issue. As you can see from my stats I am still pending I-140 approval, so I cannot comment on how my case will be treated by USCIS but I don't believe they all get rejected.

Thanks for getting back to me, its much appreciated. Good luck during the I-140 processing stage. Keep me posted.

Hi manny20 - If you never mind then can you please share your latest I-140 status?

https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

Thanks

Hi,

The trackitt information is current.

I'm sorry, trackitt does not have RFERR status that is why asked. As RFE Replied Date is 16 Jul 2014 so wondering whether USCIS changed to RFERR or still at RFE.

Hi,

No issue at all. I am still waiting for a decision post responding to the RFE.

Hope you'll get decision sooner!

Is current status RFE or RFERR?

Do you clarifying the abbreviation RFERR?

RFERR = Request for Evidence Response Review

After receiving RFE = Request for Evidence, USCIS acknowledges with RFERR that means clock has resumed that was suspended due to RFE.

Hi,

Yes the clock has resumed from July 17th. It's getting close to the 60 day deadline.

Hi manny20,

I contacted our around September last year and i just had a quick question that i hope you might be able to answer for me.

My company have just started the PERM Advertisement process but the job spec does not specify a 'Foreign Equivalent' degree on it.

Do you remember if your PERM Job Ad specified just a Bachelors degree or was the terminology of 'Foreign Equivalency' stipulated in the PERM Job Ad?? I know on the PERM form 9089, that the option to select "Foreign Equivalent" degrees is available.

My company attorney did have an equivalency test performed on my UK Degree before starting the recruitment campaign but the Job Ad just specifies a "Bachelors degree'' + 5 years progressive experience.

Thanks in advance

Sorry to hear about ypur denial. Mine was denied as well today.

Sorry to hear that yours got denied. I have other options so I am not too concerned. But it is her frustrating especially one has worked for the company for nearly a decade and now there is a very real possibility that all the experience may no longer be with the firm. I hope you figure your situation out quickly. Best of luck.

gutted to hear your denial at the I-140 stage manny. Based on your reasons for the RFE, USCIS had concerns on 3 points. All seem really harsh especially degree suitability if your degree type was one of the ones mentioned on the JD.

Yep something does seem out of place. But I don't know the reason for the denial yet, so I am not going to speculate until that information is shared with me. Either way its not the end of the world, quite the opposite, the most important thing right now is I got a decision and can put closure on this. Good luck with your filing.

Hi Manny- Did you get your denial notice and if yes, what reason did they give? I am still waiting.

Hi Jawa, no nothing yet. I guess we should expect to see something this week.

Dream : Both of us got false online updates and there was never a denial...

Good luck, hopefully yours can be easily resolved. For your RFE do you work for a fortune 500 company? I do a very profitable one, I found it odd to be given an rfe on ability to pay.

I do not work for a fortune 500 company but my company is profitable plus is owned by a big profitable company with 2 bn+ in revenues & 3000 ppl across the globe. My attorney responded to ability to pay RFE with the required docs & still they denied my case.

Not sure how will it resolved after getting a rejection.

Its very odd they did that, I hope you find decent groups for an appeal.

Please keep me posted on your notice once you receive it. I will be thankful

Sure, you will be the second person to know. Are you refiling?

Thanks. I am not sure actually, My employer and attorney are waiting for the official denial letter to decide on the future strategy. I will keep you posted on that.

Did you also receive denial on your I-485 application?

Regards.

No updates on that but I have been told its invalid now and that shortly it will be denied. But that's is all the lawyer has said I have not spoken with them formally.

Do you plan to appeal or refile? There must be a way of keeping I-485 alive otherwise its a rip off of hard earned money.

I have no idea what the next steps are. I have not spoken to the lawyer yet, they are waiting for denial notice. Either way I don't have much time left on my visa so I doubt I will be able to get a result before it expires.

When is your visa expiring & are you in your 6th year? You do know right that you can extend H1B if 140 is pending (either appeal or new)?

Sorry I am not on an H1b as I transfered with my company, I am on an l1b. Not sure about extenaions, I don't think it's possible on l visas.

Oh Ok. Were you getting less wages than mentioned in your PERM application since the filing of PERM? if NO, then did your W2 forms reflect more than the prevailing wages?

No my salary is 40% higher and my pay sub's and w2 show this.

then I don't believe your's got rejected due to A2P. There might a different reason but it cannot be ability to pay perhaps your degree suitability.

I doubt its the degree, I work a role that is highly quantitative, without a high level of mathematics or a degree with q high concentration its unlikely you will get hired. Its in the JD. If they take issue with that then I have great grounds for appeal.

I fully understand but I have heard they usually deny 3 year degree. This is not to make you worried but just thought I'd throw it out. good luck.

Not sure if that is a blanket case that they do that. It depends on where the 3 yewt degree is obtained. I have had no fewer then 3 evaluations that show my 3 year UK degree is sufficient further more have a masters from a UK college too. I think Sarah who got her case approved was in a similar situation. Its seems the rules are not evenly applied. I speculate the degree is fine and there is an issue with recruitment. That is the only part of the process that was not shared with me by my employer.

You are right. Sarah did get her 140 approved after an RFE on experience letters. I hope you get it too. It also depends upon the officer who is assigned on your case, i guess. Employers usually don't share the recruitment details with the employees as they are restricted by strict DOL regulations. Have you seen your certified copy of PERM? Did you see your degree mentioned there exactly as it is mentioned on your 140? if yes then you are covered, in my opinion.

I just checked, the perm and i-140 match. I guess we got to just wait and see.

Good. I think for me it will take more time to get the letter because of the ongoing weather conditions. but I will keep you posted. I am located in NY.

I think it will go directly to your lawyer. My is also in NYC.

let's see. good luck to you. stay in touch.

Anything yet? I've heard notices are received within 5 days...

No nothing yet. How about you?

Nothing...

As you said previously the weather is probably impacting it.

Yep. I need to see it asap because my whole career depends on it. There has been a a lot of stress at home as well on this matter because we were almost sure of an approval. anyways..it is what it is.

I am sorry to hear that, stay positive it definitely helps during these situations not to get too stressed.

Thanks. I guess it is easier said than done when you have all tides against you but I am trying. :)

Do you have time to refile?

I have till October this year but again there is not guarantee that it will be approved.

Does that include recaptured time?

nope...I spent 2012 out of the country but I am not sure if I can re-capture it..if I cannot then in October my 6 years will be over!

I think you can but don't quote me on that. Basically everday you spent outside of the country you can recapture.

Thanks but what if that gets rejected as well....I have lost my faith in this process..

I guess at every stage there could be a rejection and like is full of things like this. Stay positive things will work out.

yep...I try...have a good night

Just got to know that my attorney received the notice. They are reviewing it and will reach out to my employer soon. I will keep you posted

Thanks. I will let you know when I hear more too. I suspect for me it won't be until next week as I am now on vacation.

Hello - so my denial reason was ability to pay...according to my attorney USCIS was very specific in their denial and there was a document which missing. they have refiled my case with the document and the wait game starts again.....

Whats about you?

Hey. My reason was over qualification. My education and experience is greater than the job description.

Hi Jawa,

Did your lawyer give you an indication of how long it will take to get a decision after you refile?

They said 3-4 months but I highly doubt it because refill is a new case so most probably it will take the same time regular or newly filed cases are taking. Which I guess is about 7 months.

What have you decided to do?

Same refile. But they are saying 2 months which I doubt. Every timeline they give me I double. My wife is about to file hers, we'll get it via that route.

Can you please try to ask them that if they know for a fact that timeline for refiled cases is 2 months?

I asked they said they don't know for a fact, hence why I always double the timeline they always give me.

I asked they said they don't know for a fact, hence why I always double the timeline they always give me.

Hey manny - how are you? Any updates?

Hi. Doing good how are you? We refiled last week and my wife is preparing her filing. We are hoping to file here within a month. What about you?

Jawa2013 any updates on your case, any indication on the time to review for the refile?

Hi friend- nothing yet in the refiled case yet. 3rd month will start tomorrow.

What about you?

Hey. Nice to hear from you. Same nothing new on my front. I am about a month behind you. I will keep you posted.

Hi jawa2013. Any news on your side?

congrats on your approval! may I know how long your i140 hard copy arrived? thanks

Hi, it takes about a week.

many thanks!