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Can I file the appeal/MTR myself. I140/485 rejected on education eval. My attorney does not want to do it as she is saying there is no valid reason in filing an appeal. She is 100% sure it will be rejected. Please let me know. Thanks DD

After I140/485 Expires Consulted Attorney Rajiv Khanna and he said days start accruing after I140/485 was denied only if this was filed before H4 expired. INS Immigration Officer on phone said the same.

Thanks ChinnaKmm !! Any idea if we can file for H4 extension from US if we are out of status for <30 days? Also, if I appeal/MTR will the EAD and AP become active until the appeal is denied? Which means my spouse can get back to status for some time and apply for H4 from within US.

From what date one starts accruing out of status days? Is it after their I-94 expires or after I140/485 is rejected? In my case I-94 expired in 02/15/05 (was in H-4 status before this) I140/485 denied 06/22/05 (was filed before I-94 expired) No status after 06/22/05 Thanks DD

Thanks a bunch UN !! Thanks UN. U are the man !! I really appreciate your feedback. Regards, DD

Can you please look into this post of mine and provide your opinion. Thanks DD http://www.immigrationportal.com/showthread.php?t=180705

Any more expert opinions please. I am running out of options I guess and don't know whether I can appeal or not. Thanks DD

Yes my spouse is on H1B status. I485 was denied because of education (Masters) qualification RFE. If I appeal would my EAD and AP become active until the appeal is rejected again? If I go to India and submit DS156 should I mention Yes for item 38 question? Have you ever violated the...

My H4/I94 expired in Feb, 05. Did not apply for H4 extension then because I was using EAD and also had AP. Now our I140/485 has been denied which means I need to switch back to H4. Can I go to Canada instead of India to get my new H4? I think I cannot apply for extension because my old...

H4 Expired in Feb, 05. Item 38 in DS156? Have you ever violated the terms ... I did not apply for my wife's H4 as she had her EAD and Advance Parole in Feb, 05. Her H4 expired in Feb,05. Now our GC has been denied and that means she has no status as of today. I was filling DS-156 and was...

At the time of filing I only had 3 years of experiece. Now I have 5. What would they consider? My exp then or now? Thanks DD

Thanks my friend for your suggestion!! This option looks promising. More on this question of yours: "Please do an evaluation proving the fact that your Master's is indeed completed as the intended date for you (Hope you have all the facts." As said earlier I have a letter from my school...

My advisor went for sabatical for a while and I got busy with my career. I delayed sending the final copy of my thesis and that is the reason I got my degree in 12/03. This is the date on transcripts too.

BS: completed 05/98 MS: Got actual degree in 12/03 but passed my thesis defense and completed all required credits by 07/01 Exp at the time of filing: 3 years Labor filing date 07/03 Labor approved:03/04 ETA 750 line 14: College: 5 College Degree Required: Master Major Field of...

I140/485 Rejected because of Master's Degree RFE 07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification. Applied with Nebraska...

Bad Luck Strikes!! I140/485 Rejected after Master's Education RFE? Any Suggestions? 07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education...

My wife's H4 expired on 02/05 and then I did not apply for extension because she had her Advance Parole. I got my H1 extension in February. Now my GC application is rejected that means my wife's EAD is no longer valid and her H4 and I94 have expired (02/15). Can someone tell me what my...

I got an RFE asking me to verify I received my MS Graduate Degree by 07/2003 i.e. before I filed my labor/GC. Before filing my GC I had completed all my course work and passed my defense (july 2001) but had not submitted the thesis to get the official diploma. In Fall, 2003 I completed all...