I-140 Intent to Deny twice and re-appealed

unitednations said:
I would seriously consider switching to consular processing using attorney certified 140. You could have your greencard in hand within 6 months whereas 485 could take 1.5 to 2 years to complete. If you need more information then go to the consular forum and decide.
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Hi UN,

My attorney said that in my case CP may not be faster than AOS. The main reason is we have mentioned AOS in my I-140. Now, If I want to change to CP, then I need to file an I-824 petition with CSC. And my attorney said that this process would take about 1 year to get an approval. But I feel after seeing the current processing date for I-824 in CSC is Sep'2003. It will definitely take more than 12 months to change to CP.

And then CP would take another 6-12 months. So the total time would be between 18-24 months for CP or more than that (which appears to happen most likely).

AOS process would also take same amount of time in my case and I will be able to enjoy the additional benefits like EAD, AP, Changing employer using 180 days rule etc.

What do you think? As you suggested, I have been reading a lot of threads about CP in CP forum.
 
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Hi UN,

I made few changes to my previous post while you were replying to it.

I am from Chennai, India.

I am little confused after reading the last 3 lines of your response. To move my apporved I-140 to NVC, we need to file I-824. Even if consulate agrees attorney certified I-140, how would NVC get my I-140 papers? Is it not mandatory to file I-824?
 
Thanks UN. That did help me a lot.

As you said, I read the article about AC-I-140 in immihelp.com.
It looks like a simpler and a faster process to get GC.
My attorney asked me to decide which way I want to proceed further(AOS or CP).
I will work over this weekend to find out pros and cons of both AOS and CP.

ImmiHelp also says that Chennai accepts AC-I-140.

UN, Where are you from? I know you live in Toronto and you are a CA/CPA. I am just curious to know.....
 
UN, Its nice to know lot of details about yourself. You must be a real good person to help so many people in this forum. I wish you all the best and wish you will get your GC in no time.
 
Hi UN,

Do you have any idea why my Last update date is changed to today's date but not the status? Status still shows as the olde one like "On April 9, 2004, we received your response to our request for evidence or information. It is taking between 270 and 300 days for us to process this ......".

I am little worried now. My attorney told me that she received an email from USCIS with my WAC# saying that my I-140 was approved.

I have seen people complaining about online status recently. Is it not updated immediately? Why would USCIS only update the date but not the content/status?

I am keeping my fingers crossed till Monday. Hopefully, it will change.
 
Hi UN,
My 140/485 was recently applied and 2 days before I got the Receipt for I140. However I did not get the 485 receipt yet. (My lawyer filed them concurrently for pilot program). Is this common?

Also, the receipt my lawyer got has 'RD : June 28th 2004' . But when I check online it says 'We received your application on June 30th 2004'. Is the difference also common or just a mistake.
My lawyer says it could be a typo while entering data.
Should I worry about that?
You seem to be knowledgable in these areas.
Please suggest.
Thanks
 
Hi UN,

Looks like Chennai consulate doesn't accept AC-I-140. Now, I have no option other than applying I-485. I read CP forum and found out this and also I went thru Chennai's US consulate web site. Only Bombay/New Delhi accept AC-I-140.
 
unitednations said:
At least, you've considered all options.

Don't delay and get the 485 done. If I remember correctly, your h-1 expires in October. You may not get EAD and AP approved by then. To be on the safe side, you may consider filing h-1b 7th year extension.
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Sure UN, thats a good idea to apply for 7th year extension.

I will start the process soon.
 
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hi, goodluck_140, United_Nations, i need advise from you...very very imp...

today i got reply for my appeal from AAO..my case is almost similar like yours goodluck_140......below is a little brief on my case...

i have bachelors in physics,and Masters in mathematics..
in labour certification was mentioned as bachelors + 5 yrs exp.
i did evaluation from trustforte as having bachelors etc etc and we filed my 140 and 485 in Aug 2003 last year...
later we got RFE from vermont stating that Vermont agrees that i have bachelors but we need to submit my companys financials and my exp letters. we submitted all these documents for the RFE....later in dec 2003 my 140 was denied for companys ability to pay..we filed the appeal in January 2004...

Now my attorney have received letter from AAO saying that my company have the ability to pay etc etc, but i cannot be granted the EB2 classification as i do not qualify for it. coz i do not have US degree or foreign equivalent 4yrs degree in one same subject....though AAO have not denied the case and have given the case back to vermont center to process further and take the decision.

Now i am wondering goodluck_140, what did you produce to overcome your case and got your 140 case approved...please i would really like to have details from you and also United Nations please you also give me some advise.....we are still waiting from response from Vermont........

thank you guys..
 
UCISsucks,

When I got a RFE for company's ability to pay, our company/attorney submitted recent year company financial statement and auditor's report etc to CSC. Later in spite of having these documents, CSC denied my I-140 and transferred to AAO in 2002. but, later we submitted Motion to reopen to reconsider our I-140 case. After a year, AAO said they agree with our attorney/company transferred back to CSC to reconsider their decision. In April'2004, CSC officer agreed with our company financial position but denied because of educational equivalency. Then again our attorney submitted a response to the denial with a clear explanation about my educational equivalency and education system in India and later after 3 months, USCIS accepted and approved my I-140 case.

Please note that my case was submitted in EB3 category. I agree our cases are similar except the EB3/EB2 category. Would you not consider to convert your case to EB3 category? I have seen in this forum somene doing the same and got his/her I-140 approved. But not sure which service center.

I belive UnitedNations has very good knowledge in this area, may be he can help you better.
 
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my details

(For your information guys,...i have also attanined Post Graduate Diploma in Computer Hardware Enng from private institute, Datamatics Corporation).

this is what is being mentioned in the AAO letter.

Based on the beneficery's combined degree and diploma in three completly diffrent fields of study (physics, computer science, mathematics), the evaluator from TrustForte Corporation concluded that the beneficiery "attained the equivalent of a Bachelors of science degree. with concentration in Computer Science, Mathematics and Physics.. from accredited U.S instituition of higher education.

There is however, no statue,regulation or standing precedent that would allow a benefieciery to qualify under section 203...of the Act with anything less than a full baccalaureate degree. if the beneficiary does not actually holds a US baccalaureate degree (or a full equivalent degree from foreign instituition), the beneficery cannot qualify as a member of profession holding an advanced degree.CIS uses an evaluation by a credentials evaluation oraganization of a person's foreign education as an advisory opinion only.Where and opinion is not in accord with previous equivalencies or is in anyway questionable, it may be discounted or given less weight..

Based on the evidence presented, the petitioner has not established that the beneficiery qualifies as a professional holding advanced degree. Therefore the benifiecery is not eligible for the classification sought.

Accordingly, this matter will be remanded for the purpose of a new decision.
The director must afford the petitioner reasonable time to address the above deficeiency and to obtain any further evidence which director may seem neccesary.Upon receipt of all the evidence, the director will review the entore record and enter a new decesion.

------------Ok now my questions..-----------
goodluck_140 can you please tell me what exactly did your lawyer wrote in his explanation about your educational equivalency and education system in India this will help me to frame my further responce.

United nations what do you also think of this...

thank you
 
------------Ok now my questions..-----------
>>goodluck_140 can you please tell me what exactly did your lawyer wrote in his >>explanation about your educational equivalency and education system in India this >>will help me to frame my further responce.

The reason for my denial was that in my ETA-750A it was stated that the degree requirement for the position is a "Bachelor's degree or equivalent" According to the Intent to Deny, "Absent anything to the contrary, 'Equivalent' is taken to mean a foreign equivalent degree", My attorney had responded saying that the interpretation of the phrase "Bachelor's degree or equivalent" is incorrect and that the phrase should be read more broadly to include a combination of degrees.

She explained the education system that its not same as in U.S. In India, lot of Bachelor's degrees are 3 years. If the regulation is read narrowly, then U.S employers would in effect be limited to sponsoring workers who come from the few countires that have educational systems just like the U.S system. Foreign nationals and U.S employers should not be punished because of the variations in how countries decide to structure their educational systems.

Hope this helps you.
 
hi, goodluck_140, United Nations...

hi,
United nation i did not used any experience to add up to show my education qualification. I read your link about eb2 from shusterman...i will forward that info also to my lawyer....
I am also thinking to make another evaluation from "World Education Services" with only my Masters degree and bachelors to show my bachelors.

lets see i don't know what to do, let the response come from service center now..i am waiting...

my lawyer was saying she received 3 conversion last month...vermont had asked her to convert EB2 to EB3.. those cases where also filed with EB2 category with 5 yrs exp....

goodluck_140, i think that your lawyer really did a good work.whatever she mentioned really made sense....i will pass this info to my lawyer also....

i the mean thime if you guys can think of something else please keep me updated..i will also let you guys know what is happening with my case...

thank you, so much...
 
I don't know whether I can publish contact info in the forum, I have never seen people doing that.

You send me a private mail with your contact info and your problem. I can then forward it to my attorney, in turn my attorney will get in touch with you.
 
Hi Goodluck_140,

How do I send a private message to you. As My I-140 was denied because of education Issues . I would like to consult your Attorny.

Thanks
 
United nations,

I got RFE on 140 for educaiton eval...My lawyer is not willing to submit the eval from Morning star saying it will get denied..

I applied in EB2 -- Ihave B.Sc + Diploma + Nine years of experience..

Now i need to reply ..Please help..
Will trust forte will be able to help..

let me know..
 
I-140 Rfe

goodluck_140 said:
California processing:

1. I-140 was filed on 04/19/2002.

2. First RFE was received on 06/18/2002 about Company's ability to pay and on 8th Aug'2002, responded to my first RFE.

3. On 1st Sep'2002, my I-140 was denined by CSC due to company's financial position. Appeal was sent on 19th Sep 2002.On 10th Dec 2002, case was transmitted to AAO.

4. In Feb first week, my case was remanded to CSC for reconsideration. My attorney said that this was usually a good sign.

5. On April 1st 2004, We received an intent to deny from the service center. They are now picking on the degree equivalency. Responded to the Intent to Deny on 7th April,


I have 3 year bachelor degree and a 2 year diploma. I had 4 years of experience from my previous employers when labor was applied and total experience as of today is almost 10 years.


Can someone please help me? Do I have chance to get my I-140 approved?
Has anyone faced similar probelm in California Service Center?

Please give me your advise/suggestions as how to proceed further.

Thanks,
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Mine is
EB3 I-140/485 RD: Sept 30th 2003
EAD/AP approved Jan 15 th 2004
RFE on SEP 21 st 2004(Company financial audited statements and w2 forms of mine 2001/2002/2003)

My attroney responsded and they received the response on Nov 23 rd 2004

You were denied on 1st rfe, because your Profeered wage didnot match actual wage or what was the reason??

Can you please let me know :confused:
 
I-140 Rfe

goodluck_140 said:
California processing:

1. I-140 was filed on 04/19/2002.

2. First RFE was received on 06/18/2002 about Company's ability to pay and on 8th Aug'2002, responded to my first RFE.

3. On 1st Sep'2002, my I-140 was denined by CSC due to company's financial position. Appeal was sent on 19th Sep 2002.On 10th Dec 2002, case was transmitted to AAO.

4. In Feb first week, my case was remanded to CSC for reconsideration. My attorney said that this was usually a good sign.

5. On April 1st 2004, We received an intent to deny from the service center. They are now picking on the degree equivalency. Responded to the Intent to Deny on 7th April,


I have 3 year bachelor degree and a 2 year diploma. I had 4 years of experience from my previous employers when labor was applied and total experience as of today is almost 10 years.


Can someone please help me? Do I have chance to get my I-140 approved?
Has anyone faced similar probelm in California Service Center?

Please give me your advise/suggestions as how to proceed further.

Thanks,
Click to expand...


Can i Know waht was the reason urs first RFE was denied---Ability to Pay maybe of Proffered wage or any other??? :confused:

Since I got a RFE on sept 21st 2004 on Company financial documents and W2 forms of mine--responded on 23rd nov 2004----fingers crossed
 
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