ead to i-140

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manoj2003

Registered Users (C)
Hi friends,

Need some help,What are the chances of getting I-140 approved if one get his EAD approved?As far as i know, before approving EAD our friends in USCIS goes thrue our i-140 petition to so called "make sure that i-140 could be approved",I think they just check name and address etc and do not touch to other things like exp. letters or resume or what all,Right from the first day, I am not sure that my i-140/i-485 would be approved,reason is that mine is subsitution case and original labor holder is a civil engg. and i am a b.com person with couple of diploma in CS, my attrony did a fresh Education eval. before applying and that education eval says "4 yrs us degree" but As i have been seeing and hearing,INS is not accepting this,but I just want some frank and friendly openions from you guys,for me, i am assuming that it would fall out,but also i donno when.

my ead is approved on 24 dec,could you guys please share your thoughts on this with me?

thanks a lot

-manoj
 
Originally posted by manoj2003
Hi friends,

Need some help,What are the chances of getting I-140 approved if one get his EAD approved?As far as i know, before approving EAD our friends in USCIS goes thrue our i-140 petition to so called "make sure that i-140 could be approved",I think they just check name and address etc and do not touch to other things like exp. letters or resume or what all,Right from the first day, I am not sure that my i-140/i-485 would be approved,reason is that mine is subsitution case and original labor holder is a civil engg. and i am a b.com person with couple of diploma in CS, my attrony did a fresh Education eval. before applying and that education eval says "4 yrs us degree" but As i have been seeing and hearing,INS is not accepting this,but I just want some frank and friendly openions from you guys,for me, i am assuming that it would fall out,but also i donno when.

my ead is approved on 24 dec,could you guys please share your thoughts on this with me?

thanks a lot

-manoj
Click to expand...


Since you stressed on being frank, here is my take. The truth behind 'cursory review' of document is hearsay. No published material from USCIS explains in detail what gets checked and what they look for in these reviews. No one in this forum including a few lawyers in this forum can authoritatively state what gets checked.

But if your 140 is denied based on ed eval, you (or yur lawyer) can send a letter to USCIS for "Motion to Reconsider". I personally know of cases getting approval after initial denial due to edu eval.

The best option now is to hold tight and wait for any action from USCIS.

hth
dyno
 
thanks a lot dyno,but are you aware of any such denial?I have been hearing a lot abt it but did not see any such case yet,but few people told me for sure that thats what INs does.


thanks for your help.
 
Originally posted by manoj2003
thanks a lot dyno,but are you aware of any such denial?I have been hearing a lot abt it but did not see any such case yet,but few people told me for sure that thats what INs does.


thanks for your help.
Click to expand...


Here is the case I knew about. The original labor was for 4 year computer degree with 4 yr experience in relevant field. The beneficiary of the substitution case had a three year Science degree from India. But he had also done AMEI (not sure what it means) degree which he believed was equivalent to professional engineering degree. He matched the experience part.

When he got the RFE, he submitted his degree certificate and included a letter and his college brochure to prove that his degree was equivalent to 4 yr prof degree. INS denied the 140 application saying that the labor requirement and educational qualification didn't match. Then his employer's lawyer consulted another immigration lawyer and submitted the "Motion to reconsider" with the educational evaluation certificate. USCIS accepted the case and his approved the 140 in 2 months.

hth
dyno

 
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