I-140 advisory opinion

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raj_I140

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I-140 RD 09/15/03 non-concurent filed from California Center. My lawyer had sent an inquiry about my case and received a response from the CIS California Service Center. The response stated:

"Pending- Your case is still pending in-depth review and advisory opinion. Service has not received any response yet and unless the advisory opinion
is completed this case cannot be adjudicated. Please allow additional time for processing."

Can anyone please tell me what does it mean? Is it something very serious.

According to my lawyer the Service Center is seeking an advisory opinion because they do not know if my Textile Engineering degree(BS 4 years) is sufficiently related to Computer Programmer position. If they find that it is not sufficiently related or even applicable to this professional position, the CSC will deny this I-140 petition.


UnitedNations And Other Gurus Please help what should I do in this case.How do you overcome I-140 denial on education grounds.

Regards,
Raj
 
unitednations said:
Raj, I'm attaching vermont service center liaison minutes from 2001. See page 5 item #2. This was mainly issue for h-1b but it will probably be relevant for your case.

Did you send the college transcripts with the education evaluation? Also, what was the education evaluation equivalent?

You're going to need to prove why your degree and courses in the degree are relevant to the position. From what you have posted it seems that the labor cert. requirement was textitle engineering and now uscis is only trying to determine why that degree is needed.

There should be other members who have received an RFE related to this and they should comment.

http://www.aila.org/fileViewer.aspx?docID=15720
Click to expand...
Did you send the college transcripts with the education evaluation? Also, what was the education evaluation equivalent?

Yes we did send the college transacripts.
My education evaluation is equivalent to BS Computer Science but my lawyer said USICS is very strict these days and are not considering any equivalent degrees.

From what you have posted it seems that the labor cert. requirement was textile engineering and now uscis is only trying to determine why that degree is needed.

No, labor cert. requirement was BS computer science or equivalent and my degree is BS (Textile Engg.) 4 years.

My lawyer said he had never came across such a case that USCIS has asked for Advisory Opinion and in-depth review. Did anybody hear about such kind of case where the case has been sent for Advisory opinion.

Another question I have that if I file I-485 now and my I-140 gets denied then in that case my whole GC will be denied but if I dont file I485 right now and I-140 gets denied then Can I file the I-140 again using the same LC or I'll have to start GC all over again.

Please help me.

Regards,
Raj
 
Don't worry. It looks like a 50-50 chance of RFE. If you get RFE, you should get equivalence done on a course by course basis from atleast two reputed agencies. Course by course is the term to look for. Since case it still undergoing indepth review - be sure that CSC is not sure if it is worth rejecting in first go - so good for you. Even if you get RFE - a good re-evaluaton will make your case.

Now another question - not too many places in India offer Textile Engg. Can you share where have you done your degree from. I may be able to give you more pointers about equivalance.
 
Jharkhandi said:
Don't worry. It looks like a 50-50 chance of RFE. If you get RFE, you should get equivalence done on a course by course basis from atleast two reputed agencies. Course by course is the term to look for. Since case it still undergoing indepth review - be sure that CSC is not sure if it is worth rejecting in first go - so good for you. Even if you get RFE - a good re-evaluaton will make your case.

Now another question - not too many places in India offer Textile Engg. Can you share where have you done your degree from. I may be able to give you more pointers about equivalance.
Click to expand...

I did BS from Bhilwara, Rajasthan University.
 
unitednations said:
Raj, my undergrad degree was economis. my evaluation said accounting. Reason was that I had enough accounting courses that my degree was equivalent to an accounting degree.

Obviously, it does make it a little tougher when a degree is being evaluated as something other than the stated major.

I don't think you are going to have anything to worry about if the evaluation was done by a reputable service. It is true that uscis is very strict about this. My lawyer had told me that they have internal experts and they will even do their own evaluation of the degree themselves.

it doesn't matter if you file 485 now or not. Even if you filed it and 140 was subsequently denied, it wouldn't preclude you from applying 140/485 again on same labor.
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Thanks for the reply. My laywer said that if you file 485(concurrently or semi-concurrently) and your I 140 gets denied then USCIS may ask you to leave the country right away simply becasue your Adjustment of status is denied and you are then out of status. So am l'ttl confused and scared too. My h1 is valid till sep'06 so am not sure whether I should file 485 right now or just wait for 140 approval.

Regards,
Raj
 
unitednations,
my company lawyer is saying in concurrent filing, if 140 gets denied and then 485 also gets denied thats true but he is also saying you are out of status even if H1 is valid and he is saying no where it is mentioned that if H1 is valid then you are not out of status.
So if you find anywhere that if H1 is valid and I-140 & I-485 got denied then you are not out of status, Pl.let me know. Thank you.

your reply would be greatly appreciated


Thanks,
rb180
 
rb180,

That's interesting...the basic rule of H1B visa is dual intent, which means that the person can stay in non-immigration visa (H1b) and at the same time he/she is eligible to apply for immigrant visa (GC or permanent visa) . So I don't think some one will publish a rule conflicting with other rules.

I do feel this is applicable to 7th year extension too, please correct me...
 
raj_I140 said:
I-140 RD 09/15/03 non-concurent filed from California Center. My lawyer had sent an inquiry about my case and received a response from the CIS California Service Center. The response stated:

"Pending- Your case is still pending in-depth review and advisory opinion. Service has not received any response yet and unless the advisory opinion
is completed this case cannot be adjudicated. Please allow additional time for processing."

Can anyone please tell me what does it mean? Is it something very serious.

According to my lawyer the Service Center is seeking an advisory opinion because they do not know if my Textile Engineering degree(BS 4 years) is sufficiently related to Computer Programmer position. If they find that it is not sufficiently related or even applicable to this professional position, the CSC will deny this I-140 petition.


UnitedNations And Other Gurus Please help what should I do in this case.How do you overcome I-140 denial on education grounds.

Regards,
Raj
Click to expand...

Hi Raj,

Any updates on this case? Were there any RFE?.

I am in the same situation. Here is the case history: http://www.immigrationportal.com/showthread.php?t=159329&highlight=Textile

I appreciate if you could any information on this..

regards
ds2004
 
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