Accepting pre-approved labor while on 7th year
- Thread starter raju91
- Start date
Some_GreenCard
Registered Users (C)
Yes ...sure you can join different company which offers pre-approved labor, what you are waiting for ?
Make sure approved labor matches your qualification and education. If it is EB3 category, it would be nice if priority date is before Mar 2002 or close to it.
Make sure approved labor matches your qualification and education. If it is EB3 category, it would be nice if priority date is before Mar 2002 or close to it.
raju91 said:
Thanks for the reply.
I got the bad news today. My case has been denied.
If the pre-approved option doesn’t work can my present company file a new case with PERM while I’m on 7th year?
My 7th year H1-B will be expired in January 2006. Do I need to appeal the case to keep my status alive? What are the options available to get 8th year extension?
Your reply is kindly appreciated.
I got the bad news today. My case has been denied.
If the pre-approved option doesn’t work can my present company file a new case with PERM while I’m on 7th year?
My 7th year H1-B will be expired in January 2006. Do I need to appeal the case to keep my status alive? What are the options available to get 8th year extension?
Your reply is kindly appreciated.
Some_GreenCard
Registered Users (C)
Your company can file new case with PERM and meanwhile if possible you can appeal your case to get your h1 extension alive.
raju91 said:
raju91 said:
Pardon, for asking at such a bad time
, were the layoffs in your company or in the area? How big were they?As for options, you should try to find a company that offers pre-approved labor asap. Another viable option seems to go on F1 for a year and then try witht H1B again.
I have a 3-year bachelor degree from my home country.
According to the lawyer INS/DOL doesn’t accept 3-year bachelor degree from another country as an equivalent bachelor degree in US. Bachelor degree means 4-years in US terms. Did anyone get similar experience?
Also lawyer said 3-year bachelor+ post graduate doesn’t meet the requirement when filing for labor substitution to match 4-year Bachelor degree. Lawyer already got a denial for a similar case.
Any ideas?
According to the lawyer INS/DOL doesn’t accept 3-year bachelor degree from another country as an equivalent bachelor degree in US. Bachelor degree means 4-years in US terms. Did anyone get similar experience?
Also lawyer said 3-year bachelor+ post graduate doesn’t meet the requirement when filing for labor substitution to match 4-year Bachelor degree. Lawyer already got a denial for a similar case.
Any ideas?
Jharkhandi
Registered Users (C)
raju91 said:
Sorry to hear that you got your LC denied after waiting for 4 years! Lay-offs are definitely a matter of concern when it comes to green card and more so in labor stage.
Concern on education and degree arise in 140 stage. Here is how it goes:
It is dependent on service centers.
You may like to pm another user 'yeppo' - almost same situation as your's. He got his 140 done and a month or so ago - got his green card. His case was in Vermont Service Center.
Same is the case of another user 'laborApprooval' - he started his second LC on suggestion of his lawyer and meanwhile got his 140 done!
Nebraska is known to give trouble with degree combinations, Vermont is mixed:
1. Many times you escape without any damage.
2. Sometimes you may get RFE for educational equivalence. Try to get it done thru trustforte. Check www.trustforte.com
The Trustforte Corporation
271 Madison Avenue
Third Floor
New York, New York 10016
Telephone: (212) 481-4870
Facsimile: (212) 481-4971
Email: info@trustfortecorp.com
These people do a course to course evalutaion and are really good at their job.
You may also like to try AETS.
American Evaluation and Translation Service, Inc. (AETS)
407 Lincoln Road, Suite 11-J
Miami Beach, FL 33139
info@aetsinternational.com
phone: (786) 276-8190
fax: (786) 524-0448
fax: (786) 524-3300
http://www.aetsinternational.com
AETS is equally good. If you get RFE - get two educational evaluation done from two different places. Do not try to save money on it. More people echoing your stand will enhance your chance of getting thru.
Next - do not file 140 and 485 concurrently - so that even if 140 gets RFE or denied - you do not risk rejection of 485.
Apply for another yearly extension as soon as you file your 140, if you qualify for it.
What do you need to qualify for another extension? - If the filing date of substitute LC is more than a year old - you can file for extension.
Now about LC:
Check and let us know what does the LC(which you want to use) mentions for education and experience.
You may also like to show your lawyer:
Efren Hernandez, the BCIS's Director of Business and Trade Services, has advised Maryland immigration lawyer Aron Finkelstein that multiple educational degrees obtained outside the United States CAN be combined and found equivalent to a US degree for purposes of qualifying for a green card as a member of the professions holding advanced degrees. Finkelstein noted in his request for clarification on the matter that some INS officers are interpreting the regulation to mean only a single foreign degree can be considered equivalent to a US bachelors degree. The examiners have been taking the position that foreign education when no formal degree is conferred or a three year foreign degree combined with a diploma that is determined to be equivalent to a US degree) does not count. Hernandez noted that an appropriate credentials evaluation is still needed to show equivalence to a US degree.
Hernandez also addressed the separate question of whether when establishing equivalence to a master's degree through a bachelor's degree plus "five years of progressive experience in the specialty" noted in 8 CFR 204.5(k)(2), the necessary work experience can accrued in the US or whether it must be foreign work experience. Hernandez stated that the experience can be accrued either in the US or abroad. He also noted that in this context, an actual bachelors degree is required and not just equivalent work experience.
Source:
http://www.visalaw.com/03apr3/7apr303.html
Also check:
http://www.murthy.com/news/ukmurtak.html
From the above page:
Some BCIS officers and Service Centers were interpreting the phrase "a foreign equivalent degree" in the EB2 / EB3 context to be exclusively limited to situations in which single degrees were issued that were equivalent to the U.S. baccalaureate degree. This would disqualify many individuals who held a combination of degrees or Diplomas or other certifications that, taken together, equaled the requirement of a U.S. degree. Efren Hernandez III, then INS Director, Business and Trade Services, clarified that the term "degree" is not limited only to cases in which one has a single degree from a single educational institution. For example, a person with a three-year degree in mathematics from a university in India and a one-year diploma in computer science from a vocational institution who is found by an accredited evaluations company to have the equivalent of a 4-year computer science degree from an accredited university in the U.S. now may obtain the I-140 petition approval. In the last two or three years we have seen the INS/BCIS deny such cases. We now learn that, based on the efforts of The Law Office of Sheela Murthy, the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree.
Give your best shot with full preparation - and hope for the best.