dreamworld
09-27 10:35 PM
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
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
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
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
wallpaper dragon tiger tattoo. dragon
pappu
12-01 09:00 AM
I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
rghrdr777
08-10 12:31 AM
PD: April 1, 2004 (EB2-I)
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
2011 dragon tiger tattoo. Art Japanese Dragon Tattoo Designs Picture 9.
stuckinmuck
05-29 05:03 PM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
more...
aamirzeeshan
01-11 02:40 PM
I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.
nitin_prabh
02-13 02:28 PM
Thats interesting. Lets see whats going on
more...
grupak
06-12 09:48 AM
Keep us posted.
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ssss
11-19 02:23 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?
I know lot of people who got FP notices for concurrently filed I-485
I know lot of people who got FP notices for concurrently filed I-485
more...
helmet
02-13 08:12 PM
I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
Is any one's LUD changed recently?
Is any one's LUD changed recently?
hair shaolin-tattoo-dragon-tiger.
EkAurAaya
06-19 06:13 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
more...
v7461558
07-17 12:32 AM
Think of it this way, there are already 280M US citizens who didn't take your H1B job for one reason or another, but most likely due to insufficient education or experience in your field.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
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MightyIndian
02-10 11:30 PM
a FP appointment notice.
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
I got the e-mail as well. But what FP notice would they generate now? What for?
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
I got the e-mail as well. But what FP notice would they generate now? What for?
more...
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NNReddy
09-20 04:09 PM
When was your EAD and AP issued? what date.
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Saralayar
07-27 01:47 PM
Why do you keep calling them everyday? What is the urgency of getting receipts?
This is the attitude of our guys. So desperate. The agents get irritated because of this.
This is the attitude of our guys. So desperate. The agents get irritated because of this.
more...
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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!
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BlueCard
07-17 11:08 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
more...
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StuckInTheMuck
11-09 12:24 PM
July 2 filer (@TSC), awaiting FP for both me and my wife (no SR opened yet).
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brkl1935
04-01 08:33 PM
Both fax sent
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chanduv23
04-14 03:55 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
trueguy
02-20 11:45 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
gc_maine2
07-27 03:12 PM
OMG .. what a sense of humor.. :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D