Edu Denial – for not having Magic word ‘Combination’ – lawsuit

Thank you all for taking such an important initiative in Educational Requirement. It appears to me that NSC has denied many cases rather than approving it. Hopefully, this should fix those differences.
 
We should make sure everybody's update are incorporated on the draft.
psam, can you make sure of that.

Thanks
perm_lc said:
I am working on the draft letter by psam, will update the draft letter in the week end.
Click to expand...
 
Yes, i will update the document based on you guys response. I will post another draft on Monday that will include all your comments. We will review it one more time. we will also get Rajiv opinition also on this.
It would be nice, if you could sent one letter with all of us signature.
We will use private message and fax to get this done. What you guys think?

Thanks guys
 
Please do it fast before NSC penalizing more people. I am also on same boat. I got my RFE on 05/31 about single source foreign bachelor degree.

I have three year B.com and chartered accoutancy certification in India. NSC is asking for single source equalant foreign degree. I am getting my education evaluation using my chartered accountancy certification. I am not sure whether they are going to accept or not because it is a certification not a degree from university.

Please check this link to support our case:

http://www.murthy.com/news/ukmurtak.html


Clarification Please:
-------------------------------
On my labor box 14 says Bachelor in business administation. There is no word ' or equalant'. Because it is not mentioned in my LC, I got this query?

Did any one get RFE on education even with word ' or equalant'? Please let me know.

thanks
ykvbhaskar
 
Last edited by a moderator:
Here is the draft

I have attached the draft. There may be a spelling/typo. Go thro and let us know your ideas.
 
This draft looks very good. Explaining very pain we are suffering. Please review with Rajiv and send to Yates ASAP
 
Good job! An excellent letter. I am pretty sure the aforesaid letter would suffice in adopting uniform policy on education and approve I140. All users in this forum - my sincere request to all who have been deprived of "American Dream" please go through this letter and give your feedback ASAP. We have to send this letter ASAP. Thanks.
 
expeditegc said:
Good job! An excellent letter. I am pretty sure the aforesaid letter would suffice in adopting uniform policy on education and approve I140. All users in this forum - my sincere request to all who have been deprived of "American Dream" please go through this letter and give your feedback ASAP. We have to send this letter ASAP. Thanks.
Click to expand...
I am ok with the draft 100%. no additions from me. I hope everybody is ok with this. Lets take advise from Rajiv as soon as everybody ok's this draft.
Thanks
KK
 
Thanks perm_lc for taking time to review and adding good comments.
It has everthing in detail.
Guys, take a moment and review perm_lc version. If everthing is good, we can get Mr.Rajiv's opinition.

And also please pass this info to other folks. We need more signatures


Thanks
psam
 
ykvbhaskar,
I asked one of the attorney in that Law firm, they said in their words,
"The letter that our office obtained is advisory in nature, and has been rejected by the Service Centers"
Thanks
psam
 
California I-140 denial

Friends,

My employer had filed I-140 for me based on a substitute labor (4 years degree or equivalent). I got a RFE in Nov 2002 for paystub and edu eval, and later in Mar 2003 140 was denied (because the employer was unable to pay profered wages + I didn't had 4 year degree).

My attorney filed MTR in Apr 03, later my case was transferred to AAO, after almost 2 years (I had to call my local congressman's office for help) I recently received the decision from AAO and to my disappointment they denied the I-140 application. They concluded that the employer is capable to pay the profered wages but I donot have a single 4 year degree (I have 3 years B.com degree).

I don't know what are my options as far as I-140 decision is concerened. I don't know whether this lawsuit will help me too, since the AAO has already denied the case.

Sincerely.
 
Sorry to hear that your case got denied. Can you give more information about your degree and your evaluation. Have you done any other degree than B.com? Did your evaluation say that B.com is equivalent to B.S 4 year.
Please let us know.

Thanks.

GChelp123 said:
Friends,

My employer had filed I-140 for me based on a substitute labor (4 years degree or equivalent). I got a RFE in Nov 2002 for paystub and edu eval, and later in Mar 2003 140 was denied (because the employer was unable to pay profered wages + I didn't had 4 year degree).

My attorney filed MTR in Apr 03, later my case was transferred to AAO, after almost 2 years (I had to call my local congressman's office for help) I recently received the decision from AAO and to my disappointment they denied the I-140 application. They concluded that the employer is capable to pay the profered wages but I donot have a single 4 year degree (I have 3 years B.com degree).

I don't know what are my options as far as I-140 decision is concerened. I don't know whether this lawsuit will help me too, since the AAO has already denied the case.

Sincerely.
Click to expand...
 
gcstruggler/psam123

I have only one degree in B.Com. The evaluation is equivalent to Computer Information Systems (4 year). The evaluation used the 3 for 1 rule (three years experience = 1 year degree deficiency)

The AAO has rejected the claim of 1 year degree deficiency compensated by three year's experience. They say 3 for 1 rule is only valid with non-immigrant visa like H-1B and not with immigrant apllication.

Thanks
GCHelp123
 
Hi Everybody:
Please pursuit this law suit or get clarification from USCIS very quickly. I heard lot of my friends from NSC getting same kind of RFE and most of them who answered with 3 year degree are denied.

I think we should get some political help from Indian Government and also local congress men or senators. It is affecting any body with lesser study period. Lot of peoples life will change by this denials and uncertainity in their working carrear.

I checked with Rajiv offices through emails and this is the reply I got:
Share the attached memos with everyone. It may be possible to file a lawsuit on this isse.



At 07:52 PM 6/12/2005, you wrote:


-------
Reply from Rajiv's office:
Share the attached memos with everyone. It may be possible to file a lawsuit on this isse.


Date: Sun, 12 Jun 2005 16:03:16 -0400
To: suman@immigration.com
Subject: Contact Us
From: bhaskarykv@yahoo.com
Reply-To: bhaskarykv@yahoo.com
X-Mailer: PHP

Dear Rajiv:

Recently there are lot of denials for I140 from nabraska service center for not having four year single source foreign degree from abroad. They are not considering combination of three year degree(B.Com or B.Sc) and diplomas or certifcates.

In this context, is there any clarification from USCIS about foreign degree equalancy. Where did in immigration laws mentioned that only single source foreign degree is equalant to US bachelor degree. There are reference material to quote.

Could you please help immigration community by clarifying USCIS stand on this.

Please help suffering immigration community. There are lot of denials recently on this cause.

Please post information on your website to help entire community.

Thank you very much
bhaskarykv
 
Thanks Rajiv and others who have contributed their effort in bringing a "Valuable LawSuite" for immigrant community.

So what's next? How would you collect name, address, receipt no., signature, etc. on one last page? The info should be strictly confidential should not be shared. How could we do that?

Friends, let's do it ASAP.
 
Did you ask them(Rajiv) whether they have any solution other than filing a new GC.
I saw in one the emails that asks to contact them for advice.

Thanks.

ykvbhaskar said:
Hi Everybody:
Please pursuit this law suit or get clarification from USCIS very quickly. I heard lot of my friends from NSC getting same kind of RFE and most of them who answered with 3 year degree are denied.

I think we should get some political help from Indian Government and also local congress men or senators. It is affecting any body with lesser study period. Lot of peoples life will change by this denials and uncertainity in their working carrear.

I checked with Rajiv offices through emails and this is the reply I got:
Share the attached memos with everyone. It may be possible to file a lawsuit on this isse.



At 07:52 PM 6/12/2005, you wrote:


-------
Reply from Rajiv's office:
Share the attached memos with everyone. It may be possible to file a lawsuit on this isse.


Date: Sun, 12 Jun 2005 16:03:16 -0400
To: suman@immigration.com
Subject: Contact Us
From: bhaskarykv@yahoo.com
Reply-To: bhaskarykv@yahoo.com
X-Mailer: PHP

Dear Rajiv:

Recently there are lot of denials for I140 from nabraska service center for not having four year single source foreign degree from abroad. They are not considering combination of three year degree(B.Com or B.Sc) and diplomas or certifcates.

In this context, is there any clarification from USCIS about foreign degree equalancy. Where did in immigration laws mentioned that only single source foreign degree is equalant to US bachelor degree. There are reference material to quote.

Could you please help immigration community by clarifying USCIS stand on this.

Please help suffering immigration community. There are lot of denials recently on this cause.

Please post information on your website to help entire community.

Thank you very much
bhaskarykv
Click to expand...
 
It appears to me that in this entire immigrant community only 5 peoples I140 denied (I see feedback on this thread). That's about 0.01%. I don't think this lawsuit is going to work unless we prove more denied cases. Any suggestions? :confused:
 
Yesterday evening, I have sent our draft letter to Mr.Rajiv. I am waiting for his response. Once we hear from him, we could start the process of collecting signature and other things.
Yeah, once the members gives out the information, we need keep the info confidential.
Thanks
psam
 
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