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Saturday, June 25, 2011

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  • aroranuj
    04-19 12:36 PM
    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.



    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.





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  • felix31
    04-01 03:20 PM
    sent fax #10





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  • eb3_nepa
    03-16 03:47 PM
    Kudos to guys like Ragz4u and the rest of you who are following these articles so dilligently. Keep up the good work.





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  • JunRN
    07-17 02:07 AM
    I just don't like the tone of after getting work with a valid permit, then suddenly, one turns against those who are applying for work permit for the fear that they may take his job.

    The anti-immigrants also fear that the immigrants are taking their jobs or lowering their wages atleast.

    I'm sorry if I hurt your feelings but that's what I think and just my opinion.



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  • gondalguru
    08-05 09:11 PM
    Count me in.





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  • chanduv23
    03-09 08:10 AM
    Bump



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  • TomPlate
    07-19 03:32 PM
    Tell Embassy that you need to file I485, so they will an earlier appointment.





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  • dan19
    04-13 10:08 AM
    You mean which year the VB is coming :D

    july which year...???:D



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  • onemorecame
    08-10 12:42 PM
    Yes, I did use LS.

    But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.

    Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.

    And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.

    Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.

    And it was always legal to do it. And may be many people and employers misused it. Shout at those people.

    As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.

    And I bet, people who had an opportunity like me would do it.

    And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.

    And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.


    Hi


    I think you did good job that you accepted LS from your company.
    I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.

    I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
    Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.

    So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.

    Thanks to all:)

    onemorecame





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  • namm80
    01-28 07:55 PM
    SpringFlower: Can u share which state/city your FP is scheduled in? I think people in crowded places like Bay area, CA get FPs later than less crowded areas.

    We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!

    We filed our I-485 application/EAD/AP on July 6th, 2007.
    Ours is a transferred case (NSS-CSC-NSC).

    Did not open any service request.

    Looks like they started processing transferred cases.
    People who have been waiting should be getting their FP notices now.

    ------------------------------------------------------------------
    Contributed $300 so far..



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  • thamizhan
    07-19 09:54 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.





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  • arrarrgee
    07-06 05:05 PM
    As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else
    If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee



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  • pady
    08-20 04:01 PM
    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.





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  • rajuseattle
    08-05 04:07 PM
    chakdepatte,

    Is your e-file or Paper filed? Since you have posted your details in the NSC EAD e-file tracker I assume yours is E-file. What was the FP date for you?

    Can you please share this information with other IVans?



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  • felix31
    04-01 03:20 PM
    sent fax #10





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  • GCaspirations
    10-01 08:40 PM
    Hello,
    My application was sent on July20th to NSC.
    Today I got a transfer notice saying application is transferred to Texas Service center. question
    1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
    2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
    3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?


    Thanks in advance

    The number starting with A is the Alien registration Number. Should be same as approved I 140.



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  • sgupta33
    01-24 03:00 PM
    bump





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  • Jaime
    08-31 05:10 PM
    There are hundreds of thousands of us, stuck in retrogression! There's no excuse not to bring 10,000+ to the rally! Let's think guys! Let's promote the rally more, talk to all your friends, visit blogs, univeristy international associations, etc and spread the word! Let's sponsor people, invest our finances and our time. If there was ever a moment in our lives to do this it is now! Once you get your green card you can go and start your company and be a millionaire if you want. Right now we have to suffer, give our money, time and effort and bring LOTS of people to Washington! Illegals did it for God's sake! Let's GO!!!!!!!!!!!





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  • sertasheep
    07-07 09:02 PM
    link to Dr. Bahrainwala's video: http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html along, with some background info. Thanks to member mbawa2574 for capturing the video(is there a better captured version elsewhere?)





    kumar_77
    02-20 06:29 PM
    47,000 applications pending .....Does this include all july filers too :rolleyes:





    pady
    08-20 09:07 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.



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