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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bluekayal
02-27 12:31 AM
I tried putting our flyers at Pacific East Mall, but they only accept "rental" ads. bummer. But that doesn't mean some one else shouldn't try!
plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
2011 alphonse mucha
diqingshen
07-31 12:38 PM
The guy answered phone said NSC is supposed to be compliant by August 1st, but he doesnt see it happening.
more...
ragz4u
04-01 03:42 PM
Please call/email your friends too
rajurajesh
11-19 02:16 PM
I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?
more...
AgentM
07-12 11:43 AM
Increase the Visa numbers, that's what we should be aiming for.
A one time news event is not going to solve the problem.
The July fiasco, should be used to start an all out campaign with Congress to increase the Visa numbers.
Let this opportunity not go to waste.
Please keep fighting.
Send flowers on 12th of every month to USCIS or DOS.
Do not let this opportunity go waste.
A one time news event is not going to solve the problem.
The July fiasco, should be used to start an all out campaign with Congress to increase the Visa numbers.
Let this opportunity not go to waste.
Please keep fighting.
Send flowers on 12th of every month to USCIS or DOS.
Do not let this opportunity go waste.
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waitingnwaiting
11-12 09:47 AM
Visa bulletin is coming today
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
more...
leo2606
01-04 06:46 AM
:D:D:D That's funny.
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
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pappu
11-02 12:55 PM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
more...
sanju
07-26 12:17 PM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
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redgreen
11-27 07:03 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
more...
house this Alphonse Mucha piece
sanju
10-21 09:08 PM
Look, everybody interprets and sees the way they like and the way they want. Like I only chose to respond to the red dot issue and it is my choice not to respond to the other part of what you wrote. If I "chose" not to respond to the other part, according to you, my interpretation is impaired, right? That means anytime someone doesn't respond according to the way you want them to respond, there is something inherently wrong with them or their interpretation or their understanding. Is that right? Hmmmm, let me think about this, and maybe you may also want to take a moment to think about it.
About the red dot system, I don't care for the red dot system, but what I do is, I do not look at the comments, why, because I don't care what others on the anonymous forum have to say in my reputation. So I simply don't care. But if I would care my reputation score on the anonymous forum where no one knows me or for that matter you, then I would check how my reputation is doing every day, just my credit score. Did you think of the possibility that maybe folks at IV want to keep the red dots system the way it is and there is nothing to be fixed? But just because you do not like it, be default you think that something is broken and so it has to be fixed, and, if this is not fixed that means you are not happy, the entire immigration system will continue to be screwed up. Hmmmm, you know, I think some elements of string theory is true that everything is connected in someway, but I am 100% sure that immigration system can be fixed without any change to the red dot system.
And if you think that you or your friends are losing "self-respect" when participating in any internet blogs/forum, and if you find anything offensive on the open internet forum, you are not cut-out for forums and blogs and you cannot help anyone, or, for that matter yourself. If your ego is so shallow that it hurts everytime someone writes anything on the open forum, in this situation, only 1 person needs help, that would be you.
Good Night and Good Luck.
.
Sanju,
There are two issues that I have posted on this thread.
1. Interpretation/understanding a post.
2. RED DOT issue ( this is not my priority) . If you read the post keenly.
You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.
Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.
If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.
Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"
When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.
There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.
Did you get what am I saying?
About the red dot system, I don't care for the red dot system, but what I do is, I do not look at the comments, why, because I don't care what others on the anonymous forum have to say in my reputation. So I simply don't care. But if I would care my reputation score on the anonymous forum where no one knows me or for that matter you, then I would check how my reputation is doing every day, just my credit score. Did you think of the possibility that maybe folks at IV want to keep the red dots system the way it is and there is nothing to be fixed? But just because you do not like it, be default you think that something is broken and so it has to be fixed, and, if this is not fixed that means you are not happy, the entire immigration system will continue to be screwed up. Hmmmm, you know, I think some elements of string theory is true that everything is connected in someway, but I am 100% sure that immigration system can be fixed without any change to the red dot system.
And if you think that you or your friends are losing "self-respect" when participating in any internet blogs/forum, and if you find anything offensive on the open internet forum, you are not cut-out for forums and blogs and you cannot help anyone, or, for that matter yourself. If your ego is so shallow that it hurts everytime someone writes anything on the open forum, in this situation, only 1 person needs help, that would be you.
Good Night and Good Luck.
.
Sanju,
There are two issues that I have posted on this thread.
1. Interpretation/understanding a post.
2. RED DOT issue ( this is not my priority) . If you read the post keenly.
You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.
Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.
If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.
Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"
When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.
There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.
Did you get what am I saying?
tattoo Alphonse Mucha❁
shana04
02-12 03:39 PM
I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.
Good to hear atleast some one is onthe same boat
Good to hear atleast some one is onthe same boat
more...
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pinx
02-05 03:05 PM
soul, that is simply amazing.
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bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
more...
makeup to an Alphonse Mucha look!
lazycis
02-11 04:17 PM
It looks like NC was completed. "Requirement review" means that they are trying to determine whether your marriage is still valid after all these years... Do not take it close to your heart, I found out that the USCIS letters are not very credible.
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ajju
02-27 04:26 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)
Since AOS can convert to CP.. I think it should be possible otherway too...
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)
Since AOS can convert to CP.. I think it should be possible otherway too...
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ilwaiting
01-31 12:58 PM
This is ridiculous. Looks like, They want to increse the fees to collect money for border security, to build the fence on the border. Pretty sure they wouldnt use this money for speedig up the processing times for applications.
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
cool_desi_gc
12-17 09:11 PM
Chumki,
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
satishku_2000
07-13 05:57 PM
I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic is not applied for legal kids.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic is not applied for legal kids.
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