Gurus, please help.
I have 3-years degree from India (B. Com) and then Chartered Accountant from India. For my I – 140 petition under EB2 Category, I got an Intent to Deny letter from USCIS. Reason being I do not posses a four-year college level degree and that I the beneficiary must have a SINGLE degree that is the “foreign equivalent degree” to a US baccalaureate degree.
I then got an evaluation done by Josef Silny, but USCIS denied my petition. It also denied converting my I-140 petition under EB3 category because of the educational requirements in ETA-9089.
My 6 years on H1b expires in August 2007.
First, I want to know what should be the strategy I should follow to get 7th year h1 extension ?
Second, A friend of mine suggested that I should re-file I-140 (regular processing) with new education evaluation and also apply for 7th year h1b extension at the same time. Do you guys think that this strategy would work ?
Third, if I file another Perm application under EB3 and that applications is approved (lets say by June-July - 2007). I would be able to file for I-140 in August 2007 but definitely NO decision would have been made by end of August on that application. Can I still apply for 7th year h1 extension on the basis of approved labour and/or pending I-140 decision in August 2007.
Following is the Detail Timeline of Events:
Labor New Employer
erm
Labor filed : Jun'06
Approved: Jul'06
TSC, EB2,140 filed - August 06
140 NOID November 06 (Education - No SINGLE Bachelor's degree with 4 year education)
Reply filed November 06 with New Evaluation from Josef Silny and Associates.
I140 denial December 2006 (They need single Bachelor's degree instead of Combination of Degrees)
I140 : appealed December 2006
6th yr H1 Expiry - August 2007
Labor Old Employerre Perm
Filed: August'04 - NJ
Status: Unknown
Sour Relationship with Old Employer
I have 3-years degree from India (B. Com) and then Chartered Accountant from India. For my I – 140 petition under EB2 Category, I got an Intent to Deny letter from USCIS. Reason being I do not posses a four-year college level degree and that I the beneficiary must have a SINGLE degree that is the “foreign equivalent degree” to a US baccalaureate degree.
I then got an evaluation done by Josef Silny, but USCIS denied my petition. It also denied converting my I-140 petition under EB3 category because of the educational requirements in ETA-9089.
My 6 years on H1b expires in August 2007.
First, I want to know what should be the strategy I should follow to get 7th year h1 extension ?
Second, A friend of mine suggested that I should re-file I-140 (regular processing) with new education evaluation and also apply for 7th year h1b extension at the same time. Do you guys think that this strategy would work ?
Third, if I file another Perm application under EB3 and that applications is approved (lets say by June-July - 2007). I would be able to file for I-140 in August 2007 but definitely NO decision would have been made by end of August on that application. Can I still apply for 7th year h1 extension on the basis of approved labour and/or pending I-140 decision in August 2007.
Following is the Detail Timeline of Events:
Labor New Employer
ermLabor filed : Jun'06
Approved: Jul'06
TSC, EB2,140 filed - August 06
140 NOID November 06 (Education - No SINGLE Bachelor's degree with 4 year education)
Reply filed November 06 with New Evaluation from Josef Silny and Associates.
I140 denial December 2006 (They need single Bachelor's degree instead of Combination of Degrees)
I140 : appealed December 2006
6th yr H1 Expiry - August 2007
Labor Old Employer
re PermFiled: August'04 - NJ
Status: Unknown
Sour Relationship with Old Employer
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