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

Guys,

Rajiv's memo clearly says USCIS stand is unacceptable, if you have two BS degree of 3 year duriation. Also, he mentioned that USCIS own attorney has instructed to accept combination of education arrive at U.S equivalency.

Ms Murthy also mentioned in her article
"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"


PSAM, is there any update? I feel, we have to find out (search in USCIS official document) what exactly Mr. Hernandez said in USCIS websit. This point also can be added in the letter we have drafted.
 
Hello everyone. I have looked at your letter to Bill Yates. We need to work on this a bit more. Let us do a conference call. Set it up at freeconferencecall.com. Call Heather at Extension 146 in our office. Let her know I wanted this set up. I can do it this week between 12-3 PM almost any day.

Let me give you my input on what is happening and how we can see some results. Hang in there.
 
operations said:
Hello everyone. I have looked at your letter to Bill Yates. We need to work on this a bit more. Let us do a conference call. Set it up at freeconferencecall.com. Call Heather at Extension 146 in our office. Let her know I wanted this set up. I can do it this week between 12-3 PM almost any day.

Let me give you my input on what is happening and how we can see some results. Hang in there.
Click to expand...
THANK YOU VERY MUCH MR. Rajiv, We all decide one time and will set up the conference call this week. Sooner the better. We will call Heather.

Thanks
KK
 
KK,
Can you or psam setup the conference call and let me know the time and the conference number?

Thanks.

kriskish said:
THANK YOU VERY MUCH MR. Rajiv, We all decide one time and will set up the conference call this week. Sooner the better. We will call Heather.

Thanks
KK
Click to expand...
 
gcstruggler said:
KK,
Can you or psam setup the conference call and let me know the time and the conference number?

Thanks.
Click to expand...
Hi Guys,
I left a message to Heather at ext 146. I will be busy next two hours. Can somebody call Heather again to schedule an conference call and also post the time and the number. If Heather calls me back then I will post the details.
Thanks
KK
 
kriskish said:
Hi Guys,
I left a message to Heather at ext 146. I will be busy next two hours. Can somebody call Heather again to schedule an conference call and also post the time and the number. If Heather calls me back then I will post the details.
Thanks
KK
Click to expand...
Hello,
Just spoke to Heather...passing her the requisite info...this is heads up so that otehrs need not follow up...
lfgc
 
lfgc said:
Hello,
Just spoke to Heather...passing her the requisite info...this is heads up so that otehrs need not follow up...
lfgc
Click to expand...
Hi Lfgc,
Did Heather give any details about the time or number or do we need to wait for her message?
Thanks
KK
 
kriskish said:
Hi Lfgc,
Did Heather give any details about the time or number or do we need to wait for her message?
Thanks
KK
Click to expand...
kk,
informed her of the posting fm Rajiv...she asked me to email her the same...did that to heather@immigration.com
also gave her my #.
suggested arrange this for Thursday - June 16...

while I was typing this...recd a call from Heather...said she is going to speak to Rajiv & then let us/me know abt the date/time pass code, etc.

looks like it maybe thursday or friday.

as I hear anything...will post it ASAP.
rgds,
lfgc
 
lfgc said:
kk,
informed her of the posting fm Rajiv...she asked me to email her the same...did that to heather@immigration.com
also gave her my #.
suggested arrange this for Thursday - June 16...

while I was typing this...recd a call from Heather...said she is going to speak to Rajiv & then let us/me know abt the date/time pass code, etc.

looks like it maybe thursday or friday.

as I hear anything...will post it ASAP.
rgds,
lfgc
Click to expand...
Hello,
just recd a call fm Heather...she spoke to Rajiv & his suggestion was:
1] for us to setup an a/c at the cite given by Rajiv in his posting...freeconferencecall.com
2]decide the date & time: Thursday/friday
3]then send the details to Heather(heather@immigration.com): the date/time & the conference call phone # & code...so that he'll call in accordingly.

I propose that KK set this up as he is thick into this & knows quite a bit of the legalities behind this.

Pl make this happen ASAP...once decided...lets canvass this for good coverage.

Lets put all the postings onto the conference call thread...to avoid duplication.
rgds,
LFGC
 
lfgc said:
Hello,
just recd a call fm Heather...she spoke to Rajiv & his suggestion was:
1] for us to setup an a/c at the cite given by Rajiv in his posting...freeconferencecall.com
2]decide the date & time: Thursday/friday
3]then send the details to Heather(heather@immigration.com): the date/time & the conference call phone # & code...so that he'll call in accordingly.

I propose that KK set this up as he is thick into this & knows quite a bit of the legalities behind this.

Pl make this happen ASAP...once decided...lets canvass this for good coverage.

Lets put all the postings onto the conference call thread...to avoid duplication.
rgds,
LFGC
Click to expand...
Hi Guys,
Just now Heather called me and we need to decide a date and time for the conference call so that I can send an email to Heather. Also who ever wants to be in the conference call they need a number and password which will be provided to me or Vinod(lfgc). What I suggest here is to send the phone number and pwd in the private messages or you all guys can give the email ids so that Vinod or I will send the email with pwd and telephone number and conference details. Please let us know if you have any questions. We can setup this to tomorrow noon without any poll. Please respond to this posting so that I can send an email to Heather at Mr. Rajiv's office.
Thanks
KK
 
kriskish,lfgc,psam,gcstruggler,

Thursday will be fine for me. Stick to that. Send me the time and phone number by pvt msg.
 
kriskish said:
Hi Guys,
Just now Heather called me and we need to decide a date and time for the conference call so that I can send an email to Heather. Also who ever wants to be in the conference call they need a number and password which will be provided to me or Vinod(lfgc). What I suggest here is to send the phone number and pwd in the private messages or you all guys can give the email ids so that Vinod or I will send the email with pwd and telephone number and conference details. Please let us know if you have any questions. We can setup this to tomorrow noon without any poll. Please respond to this posting so that I can send an email to Heather at Mr. Rajiv's office.
Thanks
KK
Click to expand...
KK,
as soon as you have the conference call phone # & the code...let us know & we can pm you with our #s or email IDs.
Tomorrow...thats Thursday is fine...noon.
let us know.
Thx again.
LFGC
 
lfgc said:
KK,
as soon as you have the conference call phone # & the code...let us know & we can pm you with our #s or email IDs.
Tomorrow...thats Thursday is fine...noon.
let us know.
Thx again.
LFGC
Click to expand...
Ok Guys,
We will shoot it for 1PM EST Thursday. I will send an email to Heather right away. Will give my details like Email ID so that she can send the details to me.
Thanks
KK
 
kriskish said:
Ok Guys,
We will shoot it for 1PM EST Thursday. I will send an email to Heather right away. Will give my details like Email ID so that she can send the details to me.
Thanks
KK
Click to expand...
Update:

Just sent an email to Heather mentioning we are ready for conference call at 1PM EST THURSDAY. Once I hear from her then I will give you the details.
Thanks
KK
 
Draft of questions to ask Rajiv

Can somebody prepare the set of questions that we would want to ask Rajiv and send it to him before the conference and also post this in this forum?
Psam, can you post the final draft of the "letter to Yates" that was sent to Rajiv.

The following are the questions that I would like to ask Rajiv.

1) Does the present immigration law say that equivalency in the form of combination of degrees in not acceptable unless it is mentioned in the labor certification? If so can you give what exactly the law says on that
2) If “combination” is the word that they are looking for in the labor, is there a way were we can amend the labor certification to reflect that?
3) Do you have any other suggestions or strategy that we would need to follow? Like do you think it is a good idea to file new 140 with the same labor while our appeal is still pending?
4) Are there any case filed against INS in court before on the 3 year degree issue. Since this issue is there for last 2 years.
5) How they were approving the cases before? Because we know that several have got GC with 3 year degree.
6) Is only NSC issuing denial for 3 year degree or is it all the INS centers?
7) What are the points that we need to add or work on the letter to Yates?
8) Can we provide any supporting documentation from government of India about our degrees?

Feel free to add, delete or modify these points.

Thanks.
 
gcstruggler,

I strongly agree with your point #5. If the law is changed since last two years or so, then we need to look into it. The NSC USCIS officers are not trained I guess. :confused:
 
kriskish said:
Update:

Just sent an email to Heather mentioning we are ready for conference call at 1PM EST THURSDAY. Once I hear from her then I will give you the details.
Thanks
KK
Click to expand...
KK,
just sent you a PM...
rgds,
LFGC
 
gcstruggler said:
Can somebody prepare the set of questions that we would want to ask Rajiv and send it to him before the conference and also post this in this forum?
Psam, can you post the final draft of the "letter to Yates" that was sent to Rajiv.

The following are the questions that I would like to ask Rajiv.

1) Does the present immigration law say that equivalency in the form of combination of degrees in not acceptable unless it is mentioned in the labor certification? If so can you give what exactly the law says on that
2) If “combination” is the word that they are looking for in the labor, is there a way were we can amend the labor certification to reflect that?
3) Do you have any other suggestions or strategy that we would need to follow? Like do you think it is a good idea to file new 140 with the same labor while our appeal is still pending?
4) Are there any case filed against INS in court before on the 3 year degree issue. Since this issue is there for last 2 years.
5) How they were approving the cases before? Because we know that several have got GC with 3 year degree.
6) Is only NSC issuing denial for 3 year degree or is it all the INS centers?
7) What are the points that we need to add or work on the letter to Yates?
8) Can we provide any supporting documentation from government of India about our degrees?

Feel free to add, delete or modify these points.

Thanks.
Click to expand...
gcstruggler,
Thx for listing the points. More or less these are the points which can help us.
I just added 1 line to your 1st point.
1) a)Does the present immigration law say that equivalency in the form of combination of degrees in not acceptable unless it is mentioned in the labor certification? If so can you give what exactly the law says on that.
b)If the term "combination of degrees/work experience" is mentioned in the labor certification, is that good enough to get thru I-140?
2) If “combination” is the word that they are looking for in the labor, is there a way were we can amend the labor certification to reflect that?
3) Do you have any other suggestions or strategy that we would need to follow? Like do you think it is a good idea to file new 140 with the same labor while our appeal is still pending?
4) Are there any case filed against INS in court before on the 3 year degree issue. Since this issue is there for last 2 years.
5) How they were approving the cases before? Because we know that several have got GC with 3 year degree.
6) Is only NSC issuing denial for 3 year degree or is it all the INS centers?
7) What are the points that we need to add or work on the letter to Yates?
8) Can we provide any supporting documentation from government of India about our degrees?

rgds,
LFGC
 
Sorry guys, i was little busy with my work in the morning.
Thanks for taking initiative.
Preparing question is good idea.
I think KK and LFGC are communicating with Heather. We don't want too many emails to her. So please one of you take in-charge and coordinate the communication.
Is it KK or LFGC? so that we can all send a PM with phone numbers.

Here is the details of the email that I sent to initiate this conversion
--------------------------------------------------------------
Dear Mr.Rajiv,
First, let me Thank you for the great service that you are doing for our community.

I contact group of people who has got affected by the Education related RFE/Denial issue through the immigration portal. Here is the url

http://boards.immigrationportal.com/showthread.php?t=177734


We drafted a letter and planning to send to
Mr. William Yates, Associate Director, Operations, USCIS.

Please find the letter in the following url
http://boards.immigrationportal.com/attachment.php?attachmentid=12646

We would like to have your advice on this letter before sending it out to Yates.
Please let me know how we go about sending this letter.

If we don’t get positive response, we would like to file a lawsuit through you.

Please let me know, if you would like to discuss with us over the phone. I will setup teleconference with this group through your law firm.

Sincerely
XXXX
--------------------------------------------------------------
Thanks
psam
 
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