I saw the light at the end of the tunnel
Guys,
By grace of the God, I am that lucky member, who got approval and got stamp yesterday. united nations helped me a lot with the action plan and ideas to think about.
Below are the cases, I came across during my research to boost your moral.
Case 1. ETA-750A had Bs in column 14 and no "combination or equivalent" in column 15. His advertisements said "Bachelors or equivalent or experience". They realised after approval. His attorney was smart and he filed 140-485 saying "Looking at the evidences submitted(advt), employer's intention is to hire somebody who has Bachelor's or equivalent or experience" - And guess what - 140 was approved, even then column 14 had BS only.
Case 2: 140-485 was rejected based on same thing(column 14 has BS only)
Attorney filed a case against USCIS with arguments
- The officer who rejected this is not qualified to understand the subjects my client had studied and thats why we have education evaluation attached.
- When you accept the same education evaluation for student visa/admission and H1B, why not now
- Client had vision to study post graduate diploma since begining and that why he chose related subjects in graduation to get admission in post graduate.. so it should be treated as 4 year education
They won the appeal
Case 3(my self, in detail):
140-485 denied as column 14 in ETA750A had BS and column 15 was empty.
I consulted 5 top most attorneys and all of them said "No chances of winning at all(less than .01%) and its wastage of time and money". They even didn't agree to file MTR/appeal for me. I didn't chose any body out of those as they were not optimistic. The attorney I used said same as others, but he mentioned to charge double fees on success and I thought he is going to put more efforts for that and he spent his weekend for my case.
Action plan (Work in PARALLEL)
1. Start collecting documents like course contents/admission process, if its competitive test from collge/university
2. Don't bother for sealed envelope
3. Get letters from the college which says the time you were there and list of subjects which are linked to electronics and computers. I mean, if you have studied languages/history/chemistry/economics....do not mention that at all(if you are in IT profession). We have to prove that your 3 year graduation and one year of post graduate diploma are related and you had plans to do post graduate diploma since begining of the graduation.
Prepare the letter by your self as letter from the colleges are standard format and will not say anything about subjects.
Give the above highest priority as it is time consuming process.
Along with that, in parallel here in USA
- Talk to the education evaluation company and give them copies of denial letters and your evaluation which was used and put extra stress on to get it reviewed by their inhouse Immigration attorneys. File MTR/appeal no matter what it takes
- Collect the copies of ETA-750A/ETA 750B and advertisement docs and denial letters and then start talking to attorney's who are optimistic and have good level of understanging to represent your case
- File New LC(you may have to start advt right away to file after few months) or use the advt, if your company has some already for somebody
- Look around for pre-approved and be aware of employers/attorneys who try to fool you with words and gurantees. There are companies who can add your name in the LC which is under process.
Use all of your skills when you talk for pre-approved, this is important as the people you would be talking are purely marketing people and can do anything if they getting good commission
- Check with your friends who would have filed multiple LC, you can use one of that
- You can convert your H1 to student visa, if you want to use that potion as well, then you have to start talking to universities (u can have your family here with you on student visa if you have sufficient fund)
- File for canada/UK immigration and look for work permits
