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140 Appeals
- Thread starter sivaa
- Start date
RatherGetShot
Registered Users (C)
Originally posted by naanshi
"For all those people who don't have their 140 approved but have filed their 485, you should get your green card much faster."
100% I agree with unitednations.
nanshi.
Another question for you Nanshi:
Doe this effect portability?
(fingers crossed) If yes I might as well pack my bags and head home.
Thanks,
RGS.
Originally posted by RatherGetShot
Hi Nanshi!
Does this hold true for people like me who are planning to concurrently file the I-140/I-485 also (probably before May 15th).
Thanks,
RGS.
Yes, Those who filed on or after April 30, 2004.
Regarding Portability, USCIS is planning(!!!!) to process within 180 days. So I think portability does not come into picture.
nanshi.
unitednations
Thanks for correcting me
Madhu
Thanks for correcting me
Madhu
Originally posted by unitednations
Not necessarily true.
The following is a quote from service center operation update.
"With respect to the March 31, 2004 memo if an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing series ?
For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140."
http://www.immigration.com/newsletter1/soc042804.html
However, if the 140 and 485 were filed concurrently, and the 140 has been approved then the 485 will not fall under the new program.
For all those people who don't have their 140 approved but have filed their 485, you should get your green card much faster.
Re: Re: Re: College Degree Required
unitednations thanks for your inputs.
The LC says bachelor's or foreign equivalent.
Major field of study comp. science or related field. The LC does not mention combination of degrees.
The equivalency was given to bachelor's in computer science.
QUOTE]Originally posted by unitednations
Puneesh, what does your labor certification require?
If you are going to try to satisfy the U.S. Bacehlors degree by using a combination of your degrees and it doesn't say so in your labor certification then you're going to have a problem.
Regarding the major; in the education evaluation did it give equivalency to compuer science or was it in physics. The reason why I say this is that my major was economics. However, labor certification required accounting or finance. However, I had enough accounting subjects that my degree was evaluated as an accounting and economics degree. [/QUOTE]
unitednations thanks for your inputs.
The LC says bachelor's or foreign equivalent.
Major field of study comp. science or related field. The LC does not mention combination of degrees.
The equivalency was given to bachelor's in computer science.
QUOTE]Originally posted by unitednations
Puneesh, what does your labor certification require?
If you are going to try to satisfy the U.S. Bacehlors degree by using a combination of your degrees and it doesn't say so in your labor certification then you're going to have a problem.
Regarding the major; in the education evaluation did it give equivalency to compuer science or was it in physics. The reason why I say this is that my major was economics. However, labor certification required accounting or finance. However, I had enough accounting subjects that my degree was evaluated as an accounting and economics degree. [/QUOTE]
Experience based evaluation
I'm about to file I140/485 concurrently with NSC - future employment based using substitution labor. The LC calls for MS Degree in Computers OR Computer Applications OR Computer Science...(does not have the words 'OR Equivalent)
I have a Master's degree in a different field but based on my 12 year experience, an accredited evaluation agency has certified me to have the US equivalent of "Masters Degree in Management Information Syustems (Computer Related Degree)"..
I'm new to the NSC thread..Will this substitution work?Is Nebraska svc center very particular about every word matching with LC? Can you please post your opinions/experiences?
Thanks
I'm about to file I140/485 concurrently with NSC - future employment based using substitution labor. The LC calls for MS Degree in Computers OR Computer Applications OR Computer Science...(does not have the words 'OR Equivalent)
I have a Master's degree in a different field but based on my 12 year experience, an accredited evaluation agency has certified me to have the US equivalent of "Masters Degree in Management Information Syustems (Computer Related Degree)"..
I'm new to the NSC thread..Will this substitution work?Is Nebraska svc center very particular about every word matching with LC? Can you please post your opinions/experiences?
Thanks
unitednations
I totally agree with you.
Congratulations on your I140 approval and wish you a quick approval on your 485.
I totally agree with you.
Congratulations on your I140 approval and wish you a quick approval on your 485.
Originally posted by unitednations
madhu 69, no problem, a lot of people are confused on this.
I just received approval of my 140 after it was denied on 4/27. Just imagine I went from jubiliation to thinking I got screwed since if they waited a few more days I would have gotten my green card faster since I would have fallen under the new rules.
Oh well, I would probably have complained if it didn't get approved when it did since I wouldn't have been able to use ac21.
You lose when you win, you win but then you also lose.
That's the life of being a non-immigrant I guess.
RatherGetShot
Registered Users (C)
Cautious optimism
Nanshi,
That would be amazing. Im waiting with my fingers crossed.
Thanks,
RGS.
Originally posted by naanshi
Yes, Those who filed on or after April 30, 2004.
Regarding Portability, USCIS is planning(!!!!) to process within 180 days. So I think portability does not come into picture.
nanshi.
Nanshi,
That would be amazing. Im waiting with my fingers crossed.
Thanks,
RGS.
Re: Re: Re: Re: Re: College Degree Required
The equivalency was given to BS degree from India to be equivalent to US degree. Is it possible to have masters degree being evaluated as equal to US bachelors?
The equivalency was given to BS degree from India to be equivalent to US degree. Is it possible to have masters degree being evaluated as equal to US bachelors?
[/B][/QUOTE]Originally posted by unitednations
Puneesh, did you get equivalency by using a combination of degrees? If you did, I suggest that you get your masters degree evaluated on it's own as being equivalent to at least a U.S. bachelors degree.
Re: Re: Re: Re: Re: Re: Re: College Degree Required
unitednations
"So, the evaluatin does not mention that the combination of your indian degrees is equivalent to a u.s. degree. Or is it that your bachelor's degree alone is equivalent to a u.s. bachelor's degree.?"
yes that is correct. It mentions that the BS from India is equivalent to US degree and it does not take combination of other degrees.
I am going to talk to lawyer today to see if he can have my Masters degree evaluated to US bachelors also.
unitednations
"So, the evaluatin does not mention that the combination of your indian degrees is equivalent to a u.s. degree. Or is it that your bachelor's degree alone is equivalent to a u.s. bachelor's degree.?"
yes that is correct. It mentions that the BS from India is equivalent to US degree and it does not take combination of other degrees.
I am going to talk to lawyer today to see if he can have my Masters degree evaluated to US bachelors also.
[/B][/QUOTE]Originally posted by unitednations
Nanshi,
Is it specified any where about with in 180 days?????
Thanks
Is it specified any where about with in 180 days?????
Thanks
Originally posted by naanshi
Yes, Those who filed on or after April 30, 2004.
Regarding Portability, USCIS is planning(!!!!) to process within 180 days. So I think portability does not come into picture.
nanshi.
Re: Re: Re: Re: Re: Re: Re: Re: Re: College Degree Required
I will check on this today after Iget home.I do not have valuation with me.
But if the LC says comp sci or related field does it necessarily have to give equivalency to comp science.
Puneesj, did the evaluator say that your indian bachelor's degree was equivalent to a computer science degree. If it did then you have no problem. [/B][/QUOTE]
I will check on this today after Iget home.I do not have valuation with me.
But if the LC says comp sci or related field does it necessarily have to give equivalency to comp science.
Originally posted by unitednations
Puneesj, did the evaluator say that your indian bachelor's degree was equivalent to a computer science degree. If it did then you have no problem. [/B][/QUOTE]
Originally posted by unitednations
All my applications were denied and my attorneys filed and I290B with a receipt date of 1/5/04.
I also received a finger print notice last week. However, there was no update online and my lawyers hadn't received anything from the USCIS other than a fingerprint notice.
I thought it was curious that the I485 was denied but now I receive a fingerprint notice. Not sure if this is a positive sign or not.
Unitednations,
I am also in the same boat you have traveled...
My I140 & all doc.. were denied by CSC on March 27, I have applied for a Motion to Reopen thro a lawyer on 26th April 04. I saw abt your I140 approval today.
Can You Pls Share Some Info abt your denial.
1. When did they deny your case.(Date)
2. When did you apply for appeal. Can you get any information after you send your appeal, is any change in online status.
3. You mentioned abt 1/5/04 Reciept date, how did you get that
4. if possible can you pls send the details to my email address..
Thanks in adavance..
KANS19
Last edited by a moderator:
Originally posted by unitednations
Please see this thread. I believe it will answer all your questions. The 290b receipt notice was received from my lawyer.
http://boards.immigration.com/showthread.php?s=&threadid=124236
Thanks United
i got receipt # for the motion to reopen, i have checked the latest status its shows
"Your MOTIC MOTION TO REOPEN BEFORE THE COMMISSIONER was received on April 27, 2004. We mailed you a receipt with information about processing. It is taking between 0 and 0 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."
Is this this the same message in your case? Here they are not specified as 290b, is this ok? My Lawyer said we have to wait for 60 days, now i am counting down the days.
Can you pls share your exp.
Thanks,
KanS19
My I140 message is the same...
"On March 2, 2004, we received your response to our request for evidence or information. It is taking between 360 and 360 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case."
I got a denial notice of all 485, ead, ap on Mar 13th with dated as Mar 10th. We did FP on Mar 12th and Mar 16th I485 message got updated with FP received blah, blah ...
and my employer got I140 denial notice on 30th Mar with dated 27th Mar.
In the reopen case they did not specify the form #, in my portfolio they specified as MOTIC
and the application type as
"Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER"
finally the days its shows as 0 and 0 days, i don't know why.
KanS19
"On March 2, 2004, we received your response to our request for evidence or information. It is taking between 360 and 360 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case."
I got a denial notice of all 485, ead, ap on Mar 13th with dated as Mar 10th. We did FP on Mar 12th and Mar 16th I485 message got updated with FP received blah, blah ...
and my employer got I140 denial notice on 30th Mar with dated 27th Mar.
In the reopen case they did not specify the form #, in my portfolio they specified as MOTIC
and the application type as
"Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER"
finally the days its shows as 0 and 0 days, i don't know why.
KanS19
Originally posted by rseth123
Kans19!!
Sorry to hear about your case. Could you please share the reason of denial
Thanks
Mine is pretty bad one, my employer screwed me..
Mine was a substitute labor, he substituted this labor before me to one person and that guy gone out of country, then he revoked the I140 and used this for me.
I have filed concurrently on 5/12/2003, he got an RFE for company ability to pay and my employment verification letters from my old employers. I gave my part (he asked for 5 years experience - i gave US experience only from 1998 to 2003), USCIS have asked the tax statements of my employer for 2000, 2001 and 2002 he sent 2001 & 2002 only he did not send for 2000. The labor is filed on Oct 2000 they wanted to know whats revenue of 2000. So based on lack of documents they denied the case - since labor was filed on 2000 they need the experience verification 5 years prior from oct 2000 - i have submitted only for 2 1/2 years 1998-2000 - so they include this reason too. He intentionally delayed my RFE reply, they issued RFE on 17th Dec 2003, he replied back only on Mar 2 2004 - exactly 2 days prior to the deadline.
So they denied my case..
My original labor is pending in DOL. He wanted to stay with him as much as possible, which will take another year to approve. After that the same process I140, EAD, AP, I485 etc....
My sixth year is going to complete by this July 04, Now he filed the extension.
Now i hired a lawyer (i already spent several hundred dollars from my pocket) she filed the motion to reopen. Again now i am watching the case status.. i have one more item in my portfolio now...
Now i am waiting ... (the most irritating thing in the world)..
Is it the bad one...
I am sorry i boring... by telling my story.
KanS19
Originally posted by rseth123
Kans ..Sorry to hear your story but I guess there are 2 main reasons of the denial.
1. Your employer didn't send the financial statement for yr 2000.
2. Experience not matching to the one mentioned in Labor..
Am i right?
1. Yes
2. I have enough experience but i did not submit the experience verification letters from the indian companies. Now i got affidavit from one of my old supervisor and my friend, both are working here in US now.