2004 XL tracker for NSC only!!!
- Thread starter bigbadwolf
- Start date
Premium Processing
Few weeks back, OHMathews at his immigration-law dot com mentioned that premium processing might be little easier.
Also check TrustForte dot com for evaluation. Someone got his evaluated from them. They are cheaper too. I would not go to Sheila as her name is risky as per 3year degree I-140 forum. Better to take complete precautions, just in case. Goodluck.
Here're extracts from immigration-law for you to read:
08/25/2006: Availability of EB-3 I-140 Premium Processing for Aliens with Less Than Single Four-Year Degree
The USCIS is scheduled to accept I-140 premium processing request beginning from next Monday, August 28, 2006. The announcement indicates that the services will be initially available only for the two categories. One is "professional," and the other is "skilled worker." Unlike the definition of specialty occupation for the purpose of H-1B petition, "professional" for the purpose of EB-3 immigrant petition requires a U.S. bachelor's degree or foreign equivalent degree. Meanwhile, "skilled worker" includes a job requiring minimum of two-year "training" or "experience." It is thus obvious that unless the labor certification required one of the two above and unless the alien possesses such qualification, the alien will not be able to file the I-140 premium processing request at this time.
Currently, there is unresolved issue of the definition of a bachelor's degree as related to the aliens who earned a three-year bachelor's degree in their home countries and one or two years of additional education or training or years of experience. People have been experiencing denials in some of these cases not only in the EB-2 I-140 petitions but also in the EB-3 petitions. Technically, when professional category I-140 petition and premium processing request are denied for the reason that the alien failed to meet the bachelor's degree requirement, supposedly the alien should fall back on the option of "skilled worker" category. Since the law does not distinguish between the professional category and the skilled worker category when it comes to the immigrant visa number allocation, there is no stake involved in choosing either bachelor's degree category or skilled worker category.
However, when the petitioner does not clearly specify which categories the petitioner seeks in the I-140 petition, there remains a question of whether the agency should automatically consider the option of "skilled worker" category when the alien fails to meet the bachelor's or equivalent category. This question was raised by the USCIS in the so-called Grace Korean Methodist Church case and the federal court ruled in favor of the petitioner. However, the USCIS currently refuses to apply the court decision to other cases or the cases in other jurisdictions.
Accordingly, it may be prudent for the three-year degree filers to make it clear in the cover letter that the petitioner is seeking "professional/skilled worker" category EB-3 to make it clear that the petitioner is seeking "skilled worker" as an alternative. Even though it may be considered a "minor" matter, technically it can avoid any potential denial of the premium processing request as well as the underlying EB-3 I-140 petition. One caveat is the definition of two-year "training." The four-year college degree is considered equivalent to two-year vocational training or two-year experience in the occupation by the U.S. Department of Labor.. Such logic is derived from the nature of undergraduate education system to focus on general studies for the first two years of four-year bachelor's education program. The first two-year education is not related to any vocational training or education. Accordingly, the USCIS can argue that three-year foreign degree is equivalent to one-year vocational training or work experience for the purpose of meeting the "skilled worker" requirement. Accordingly, if one took two AA degrees and both programs involved only general studies and no specialty courses, USCIS may venture to argue that the alien fails even in the "skilled worker" category. The same may be true if an alien has a three-year degree and less than one year of additional training or work experience in certain specialties. This reporter is unaware of any precedent decision on this issue, but this issue is raised here to remind the I-140 petitioners and premium processing request filers of the potential issues involved in the premium processing request eligibility.
Chhaya said:
Few weeks back, OHMathews at his immigration-law dot com mentioned that premium processing might be little easier.
Also check TrustForte dot com for evaluation. Someone got his evaluated from them. They are cheaper too. I would not go to Sheila as her name is risky as per 3year degree I-140 forum. Better to take complete precautions, just in case. Goodluck.
Here're extracts from immigration-law for you to read:
08/25/2006: Availability of EB-3 I-140 Premium Processing for Aliens with Less Than Single Four-Year Degree
The USCIS is scheduled to accept I-140 premium processing request beginning from next Monday, August 28, 2006. The announcement indicates that the services will be initially available only for the two categories. One is "professional," and the other is "skilled worker." Unlike the definition of specialty occupation for the purpose of H-1B petition, "professional" for the purpose of EB-3 immigrant petition requires a U.S. bachelor's degree or foreign equivalent degree. Meanwhile, "skilled worker" includes a job requiring minimum of two-year "training" or "experience." It is thus obvious that unless the labor certification required one of the two above and unless the alien possesses such qualification, the alien will not be able to file the I-140 premium processing request at this time.
Currently, there is unresolved issue of the definition of a bachelor's degree as related to the aliens who earned a three-year bachelor's degree in their home countries and one or two years of additional education or training or years of experience. People have been experiencing denials in some of these cases not only in the EB-2 I-140 petitions but also in the EB-3 petitions. Technically, when professional category I-140 petition and premium processing request are denied for the reason that the alien failed to meet the bachelor's degree requirement, supposedly the alien should fall back on the option of "skilled worker" category. Since the law does not distinguish between the professional category and the skilled worker category when it comes to the immigrant visa number allocation, there is no stake involved in choosing either bachelor's degree category or skilled worker category.
However, when the petitioner does not clearly specify which categories the petitioner seeks in the I-140 petition, there remains a question of whether the agency should automatically consider the option of "skilled worker" category when the alien fails to meet the bachelor's or equivalent category. This question was raised by the USCIS in the so-called Grace Korean Methodist Church case and the federal court ruled in favor of the petitioner. However, the USCIS currently refuses to apply the court decision to other cases or the cases in other jurisdictions.
Accordingly, it may be prudent for the three-year degree filers to make it clear in the cover letter that the petitioner is seeking "professional/skilled worker" category EB-3 to make it clear that the petitioner is seeking "skilled worker" as an alternative. Even though it may be considered a "minor" matter, technically it can avoid any potential denial of the premium processing request as well as the underlying EB-3 I-140 petition. One caveat is the definition of two-year "training." The four-year college degree is considered equivalent to two-year vocational training or two-year experience in the occupation by the U.S. Department of Labor.. Such logic is derived from the nature of undergraduate education system to focus on general studies for the first two years of four-year bachelor's education program. The first two-year education is not related to any vocational training or education. Accordingly, the USCIS can argue that three-year foreign degree is equivalent to one-year vocational training or work experience for the purpose of meeting the "skilled worker" requirement. Accordingly, if one took two AA degrees and both programs involved only general studies and no specialty courses, USCIS may venture to argue that the alien fails even in the "skilled worker" category. The same may be true if an alien has a three-year degree and less than one year of additional training or work experience in certain specialties. This reporter is unaware of any precedent decision on this issue, but this issue is raised here to remind the I-140 petitioners and premium processing request filers of the potential issues involved in the premium processing request eligibility.
Last edited by a moderator:
Miamivice4u
Registered Users (C)
I-140 Approved NSC
Hello all my I-140 got approved yesterday, i received an email confirming.
LC Priority DAte: apirl 30,2001
Lc Approved: December 2005.
I-140= filled June 26/2006.
RFE= Oct. 26th.
Responde RFE and receivde Nov. 17,2006
I-140 approved November 27.
I-485- and EAD= filled August 2, 2006
I-485, pendin, EAD Pending RFE oct,6th. I did not received called 30 days after and RFE again nov. 7th. Responded but not yet received, so EAD is pending.
Question i am still like $1500.00 from the prevailed Wage, does my company has to adjusted for the I-485 or is ok to keep it like that. please any sugestions?
I prayed so much for this, God has listened to me, and I will pray for all who are in the same boat.
Hello all my I-140 got approved yesterday, i received an email confirming.
LC Priority DAte: apirl 30,2001
Lc Approved: December 2005.
I-140= filled June 26/2006.
RFE= Oct. 26th.
Responde RFE and receivde Nov. 17,2006
I-140 approved November 27.
I-485- and EAD= filled August 2, 2006
I-485, pendin, EAD Pending RFE oct,6th. I did not received called 30 days after and RFE again nov. 7th. Responded but not yet received, so EAD is pending.
Question i am still like $1500.00 from the prevailed Wage, does my company has to adjusted for the I-485 or is ok to keep it like that. please any sugestions?
I prayed so much for this, God has listened to me, and I will pray for all who are in the same boat.
Last edited by a moderator:
I-140 REF from NSC
I got a RFE on my I-140 and they are asking for my (not the employers) 2005 income tax returns with all attachments and supplements. Anyone has any idea abt this RFE . Wot is this for? . Pls help me . I'm kind of nervous abt the severity of this RFE .
------------------
EB3 Priority Date : April 3rd 2006 - VA
Labor Approved Date : 26th April 2006
I-140 Filed Date : 11th May 2006
RFE Isuued Dt : 21st Nov 2006
RFE RD : 28th Nov 2006
LUD : 07/22 , 11/21
I got a RFE on my I-140 and they are asking for my (not the employers) 2005 income tax returns with all attachments and supplements. Anyone has any idea abt this RFE . Wot is this for? . Pls help me . I'm kind of nervous abt the severity of this RFE .
------------------
EB3 Priority Date : April 3rd 2006 - VA
Labor Approved Date : 26th April 2006
I-140 Filed Date : 11th May 2006
RFE Isuued Dt : 21st Nov 2006
RFE RD : 28th Nov 2006
LUD : 07/22 , 11/21
Bostonma786
New Member
I-140
Hello Everyone,
Please let me know what are the chances of getting my I-140 approved without any RFE. I have B'com ( 3 year degree ) from India and 5+ years of Exp before joining current employer. Following is the exact language from my labour. I have filed I-140 in the last week of October.
Box 14:
College Degree Required : Bachelor's *
Major Field of Study: Comp. sci, engg, math or Business
Experience: 2 yrs
Box 15 - Other Special Requirements:
*Bachelor's may be substituted with three years of university studies towards Bachelor's degree and three additional years of work experience.
ALSO, My 7th year H1 expires in May 07, I become eligible to file 8th year H1 extension in Dec 06.
My question is, say if I file for H1 extension and upgrade I-140 to PP in the same week and if they send RFE/deny I-140, is it going to effect my H1 extension process for the 8th year.
Any ideas/suggestions are greatly appreciated.
Thank you.
Hello Everyone,
Please let me know what are the chances of getting my I-140 approved without any RFE. I have B'com ( 3 year degree ) from India and 5+ years of Exp before joining current employer. Following is the exact language from my labour. I have filed I-140 in the last week of October.
Box 14:
College Degree Required : Bachelor's *
Major Field of Study: Comp. sci, engg, math or Business
Experience: 2 yrs
Box 15 - Other Special Requirements:
*Bachelor's may be substituted with three years of university studies towards Bachelor's degree and three additional years of work experience.
ALSO, My 7th year H1 expires in May 07, I become eligible to file 8th year H1 extension in Dec 06.
My question is, say if I file for H1 extension and upgrade I-140 to PP in the same week and if they send RFE/deny I-140, is it going to effect my H1 extension process for the 8th year.
Any ideas/suggestions are greatly appreciated.
Thank you.
Miamivice4u
Registered Users (C)
RFE on EAD updated see Signature please
Premium Processing Question
Gurus,
My case was filed last week under EB3 and Premium Processing. The employer is S&P 500 company and everything else ( education/experience etc) is well documented. The original labor in my name was send alongwith.
To my surprise, the UCSIS encashed the check for $195 in 2 days from receipt of my 140 petiton+ PP form. To date they havenot encashed the $1000 check, and there is no communication from UCSICS either.
A few questions about premium processing:
1) Is it standard for premium processing cases ? I meaning delay in encashing the $1000 check ?
2) Can the UCSICS refuse premium processing, even if it meets the basic criteria ( Like original labor, original benificary, PP fees, PP form ( I think 907 )
Gurus,
My case was filed last week under EB3 and Premium Processing. The employer is S&P 500 company and everything else ( education/experience etc) is well documented. The original labor in my name was send alongwith.
To my surprise, the UCSIS encashed the check for $195 in 2 days from receipt of my 140 petiton+ PP form. To date they havenot encashed the $1000 check, and there is no communication from UCSICS either.
A few questions about premium processing:
1) Is it standard for premium processing cases ? I meaning delay in encashing the $1000 check ?
2) Can the UCSICS refuse premium processing, even if it meets the basic criteria ( Like original labor, original benificary, PP fees, PP form ( I think 907 )
My I-140 was filled thru' PP. USCIS encashed my check the same day they received my application. Not sure why u'r check is not encashed yet.
My case was approved with in 4 days and I got the approval notice within 4-5 days from the date of approval. The issue is the online status of my case shows as "Duplicate notice sent on MM/DD/YYYY".
Does anyone know why the online status does not say approved?
My case was approved with in 4 days and I got the approval notice within 4-5 days from the date of approval. The issue is the online status of my case shows as "Duplicate notice sent on MM/DD/YYYY".
Does anyone know why the online status does not say approved?
nj_singh said:
