I-140 RFE on Education ... Adise Please

M

mushe

Registered Users (C)
Hello guys,

Thanks for the detailed information in this thread, I recieved rfe with the following text:
It has been determined after review of the petition and supporting documentation that
evaluation of the alien's credentials must be obtained before a decision can be made. This evaluation is
necessary to determine the level and major field of educational attainment described in the supporting
documents in terms of equivalent education in the United States. The Immigration and Naturalization
Service does not endorse or recommend evaluators. Many private individuals, oganizations and educational

institutions provide this service.

acceptable evaluation should:

1). Consider formal education only, not practical training experience;

2). State if the collegiate training was post secondary education: i.e. did the applicant complete the
United States equivalent of high school before entering college?

3). Provide a detailed explanation of the material evaluated, rather than a simple conclusive statement.

4). Briefly state the qualifications and experience of the evaluator providing the opinion

A copy of an education evaluation was submitted as initial evidence. However, the evaluation was not clear as to the U. S. equivalency of each level of foreign educational achievement.

My labor says: US Bachelor in Computer Science or Information Systems or its Foreign Equivalent

My Edu is: B.Com
5 Semesters at NIIT
1 Year Graduate Diploma in Commercial Computing from Australian University, Which is a post bacheleratte degree with Bachelors as its minimum requirements towards its entry.

My initial Educational evaluation was course by course in details which I obtained for entry towards M.S in US from WES which states that I have US equivalent B.S in Information Systems with 1 Year studies towards Post Graduation in Computer Science.(I discontinued MS for other personal reasons, but I do have their offer letter from University and transcript from 1 semester)

Based on the postings it seems like if I can get my edu evaluation stating that
B. Com is a mandatory for 1 year GDCC which is a pure Comp. Sci. course and that GDCC equals US B.S, might be able to present a decent case.

Please advise.
 
mushe,
I have been denied 1-140 for education. I have 3 year Bachelor's Degree in Computer Science from University of Pune in India plus I had various certifications etc. I had 2 evalustions done and gave them to NSC but they did not budge and denied my I-140... I have appealed and now my case is sitting in AAO (administrative appeals office) for past 5 months.
Your case may be much easier to prove because you have GDCC. I read in one of the cases in this forum that they don't care too much about NIIT and stuff. I also read a few cases used Trustforte evaluation and got approved. Mine was also done thru trustforte but it got refused. I guess it all depends on you lawyer how he presents answers to your RFE.
As a backup plan I have applied for another Labor. So, if my appeal is denied too(which is very likely) then I have a fallback. You might wanna do the same. All I can suggest you is that you need a very very good lawyer to represent you.
 
Hello marooti,

Thanks for your reply. My lawyer told me she had mixed experience with Trustforte, hence, she wanted to get my evaluation done with another evaluater, IEEES, with whom she had lots of success. Another thing I realised while going over my documents was letters from Profs from Uni of Western Sydney stating that my GDCC equals B.Sc Comp science also I have letter from Australian Computer Society stating the same, so I'm, thinking if my evaluator states that GDCC equals B.S in US, that should satisfy 1 degree criteria as to do GDCC, one must have atleast 3 Year degree as per admission rules, so I'm praying that works. Actually I had another Labor with all in lieu of clauses stated in column 15, started in April 04, which is pending with Dallas Backlog Processig. I'm looking for to start PERM labor as back up.

I hope your case gets thru from AAO. I read some where elase, if you can get the evaluation such that the 3 yr degree in India equals 4 yr in US, you may have better chance
 
mushe said:
Hello marooti,

Thanks for your reply. My lawyer told me she had mixed experience with Trustforte, hence, she wanted to get my evaluation done with another evaluater, IEEES, with whom she had lots of success. Another thing I realised while going over my documents was letters from Profs from Uni of Western Sydney stating that my GDCC equals B.Sc Comp science also I have letter from Australian Computer Society stating the same, so I'm, thinking if my evaluator states that GDCC equals B.S in US, that should satisfy 1 degree criteria as to do GDCC, one must have atleast 3 Year degree as per admission rules, so I'm praying that works. Actually I had another Labor with all in lieu of clauses stated in column 15, started in April 04, which is pending with Dallas Backlog Processig. I'm looking for to start PERM labor as back up.

I hope your case gets thru from AAO. I read some where elase, if you can get the evaluation such that the 3 yr degree in India equals 4 yr in US, you may have better chance
Click to expand...

Hi Mushe,
What happened to your case? I also got the exact rfe could you please let me know what is the latest status on your case?
Thanks alot
KK
 
Hello Guys,

My lawyer is planning to file response to my RFE this week. She is submitting evaluations from two places IEEES and TrustForte. Both of them have judged that my Australian GDCC equals US Bachelors. So I'm going to pray for the best.

Since last Jan I've been using my EAD as my H1 status expired at that time and I did't qualify for 365 waiting rule for Labor. But my lawyer said she is going to apply for 7th Year H1B (not Extension) based on some new law passed around 2002 to provide relief for people waiting with Labor based on my second labor. So I have to how this backup come along.

If any of you guys have any update please post it.
 
mushe said:
Hello Guys,

My lawyer is planning to file response to my RFE this week. She is submitting evaluations from two places IEEES and TrustForte. Both of them have judged that my Australian GDCC equals US Bachelors. So I'm going to pray for the best.

Since last Jan I've been using my EAD as my H1 status expired at that time and I did't qualify for 365 waiting rule for Labor. But my lawyer said she is going to apply for 7th Year H1B (not Extension) based on some new law passed around 2002 to provide relief for people waiting with Labor based on my second labor. So I have to how this backup come along.

If any of you guys have any update please post it.
Click to expand...
Hi Mushe,
Thanks for the update. My educational evaluation has been completed Friday from TrustForte. My attorney is submitting all the documentation tomorrow. He is confident that my 140 will get through.. But I am not confident at all. Lets see what happens. It was really a great pain on this GC journey. Please keep posted. By the way what is your NSC officer code. Mine was RLG EX251.
It will be there at the bottom of your RFE. If you wont find that then take it easy. Good luck to you and me and all others who are waiting.
Thanks
KK
 
Hello KK,

Officer Code for the guy who sent my RFE is NSC/IRTF EX277. Doesn't looks like the same guy. Lets hope for the best and I understand your pain of after goin thru with the process for so many years still it dangle on some one's whim as to how he inteprets the law which is quite arbitrary at NSC. I have applied for my 140/485 in Oct 2003, now its all boils down to this. May GOD be with us and help us thru this best of luck for you and me.

Regards
MS
 
mushe said:
Hello KK,

Officer Code for the guy who sent my RFE is NSC/IRTF EX277. Doesn't looks like the same guy. Lets hope for the best and I understand your pain of after goin thru with the process for so many years still it dangle on some one's whim as to how he inteprets the law which is quite arbitrary at NSC. I have applied for my 140/485 in Oct 2003, now its all boils down to this. May GOD be with us and help us thru this best of luck for you and me.

Regards
MS
Click to expand...
Hi Mushe,
Yeah God is the only one who can save our 140s. Today my papers sent to USCIS. Lets see with in two weeks if nothing changes then Yes my case is gone. That is my belief. Some people got approvals after 4 weeks but in my case I strongly believe it is going to be denied. Lets pray god for our 140s.
Good luck to you, me and other strugglers.T
Thanks
KK
 
Magic word ‘Combination’

By looking this forum for last six months, I noticed lots of similar cases (not having one 4 year degree) have been transferred to AAO. My case is also has transferred to AAO recently. I have two 3 years degree (B.Sc and B.Tech).
Though we all have equivalent degree, NSC doesn’t understand our case. They are not accepting Credential Evaluation that says our degree (degrees) equivalent to US bachelor degree. May we can also approach Mr. Rajiv Khanna and ask his opinion on filing lawsuit against NSC. NSC is looking for the word ‘combination’ whereas other service center they are looking at Credential Evaluation and approving based this.
Please let me know guys
Thanks
psam
 
Magic word ‘Combination’

By looking this forum for last six months, I noticed lots of similar cases (not having one 4 year degree) have been transferred to AAO. My case is also has transferred to AAO recently. I have two 3 years degree (B.Sc and B.Tech).
Though we all have equivalent degree, NSC doesn’t understand our case. They are not accepting Credential Evaluation that says our degree (degrees) equivalent to US bachelor degree. May we can also approach Mr. Rajiv Khanna and ask his opinion on filing lawsuit against NSC. NSC is looking for the word ‘combination’ whereas other service center are looking at Credential Evaluation and approving based this.
Please let me know guys
Thanks
psam
 
psam123 said:
By looking this forum for last six months, I noticed lots of similar cases (not having one 4 year degree) have been transferred to AAO. My case is also has transferred to AAO recently. I have two 3 years degree (B.Sc and B.Tech).
Though we all have equivalent degree, NSC doesn’t understand our case. They are not accepting Credential Evaluation that says our degree (degrees) equivalent to US bachelor degree. May we can also approach Mr. Rajiv Khanna and ask his opinion on filing lawsuit against NSC. NSC is looking for the word ‘combination’ whereas other service center they are looking at Credential Evaluation and approving based this.
Please let me know guys
Thanks
psam
Click to expand...
Hi Psam,
Could you please give us some details about your case. Mine is 3 yr engg degree (BE in electronics and comm engg). Did you get RFE first? If so what are they are ask for? How did you respond? What was their reply? Please let us know about your details? Did you get denial first and then went to AAO or something else. Sorry to bother with these questions but please let us know? From which company did you do your evaluation? I did mine from TrustForte as I mentioned earlier. Please share your WORST experience so that we will be ready for the same scenario.
Thanks alot.
KK
 
hi KK,
Yes, i got RFE first. They asked me to send 8 semester marksheet. My old stupid lawyer asked me to writer a letter stating that how my 2nd degree is equivalent 4 year engineering degree and get attested. We just send this one along with my both degrees (12 semester maksheet 6+6) information.
NSC came back with denial saying, you don’t have single 4 degree and your labor doesn’t saying ‘degrees acceptable’.
Then I approached big immigration attorney , they got CE from TrustForte saying my 2nddegree alone is equivalent US bachelor degree. And also they wrong letter stating ‘In general engineering degree from India’ is equivalent to US engineering degree.
After this last one month my case is sitting at AAO.
I have 3 year B.Tech degree in Electronic engineering from Anna University. And also B.Sc degree
psam
 
psam123 said:
hi KK,
Yes, i got RFE first. They asked me to send 8 semester marksheet. My old stupid lawyer asked me to writer a letter stating that how my 2nd degree is equivalent 4 year engineering degree and get attested. We just send this one along with my both degrees (12 semester maksheet 6+6) information.
NSC came back with denial saying, you don’t have single 4 degree and your labor doesn’t saying ‘degrees acceptable’.
Then I approached big immigration attorney , they got CE from TrustForte saying my 2nddegree alone is equivalent US bachelor degree. And also they wrong letter stating ‘In general engineering degree from India’ is equivalent to US engineering degree.
After this last one month my case is sitting at AAO.
I have 3 year B.Tech degree in Electronic engineering from Anna University. And also B.Sc degree
psam
Click to expand...

Thanks for sharing the your sad story. Basically you were having a chance(.0001%) if you would have sent the evaluation once you got the RFE. My case is different from you. I have 10+2, Polytechnic 2 yrs and 3 years engg degree. But my engineering degree needs polytechnic. I am satisfied with the evaluation but still not having any hopes. My attorney 100% confident. He is a good attorney in Denver. Lets see what happens. Yeah with in two weeks I think I will know and then pack my bags as my last date with my employer is July 1st. Just praying god for all of us.
Thanks
KK
 
Another guy(gcstruggler) from my college also transferred to AAO. He didn’t get RFE straight denial.
New AC21 memo allows filing of extension even the case is sitting in AAO. So you don’t need to pack your bag. So you can file for extension and another labor.
psam
 
psam123 said:
Another guy(gcstruggler) from my college also transferred to AAO. He didn’t get RFE straight denial.
New AC21 memo allows filing of extension even the case is sitting in AAO. So you don’t need to pack your bag. So you can file for extension and another labor.
psam
Click to expand...
Hi Sam,
What is the new rule? I could not get that? Could you please share that info too. I dont know any company who can do my labor again in PERM. The problem is I am already on 7th yr extension and can I still extend with new company? I am sure I can get a job on my skills. Where can I find the info on new ac21?
Thanks
KK
 
mushe said:
Hello marooti,

Thanks for your reply. My lawyer told me she had mixed experience with Trustforte, hence, she wanted to get my evaluation done with another evaluater, IEEES, with whom she had lots of success. Another thing I realised while going over my documents was letters from Profs from Uni of Western Sydney stating that my GDCC equals B.Sc Comp science also I have letter from Australian Computer Society stating the same, so I'm, thinking if my evaluator states that GDCC equals B.S in US, that should satisfy 1 degree criteria as to do GDCC, one must have atleast 3 Year degree as per admission rules, so I'm praying that works. Actually I had another Labor with all in lieu of clauses stated in column 15, started in April 04, which is pending with Dallas Backlog Processig. I'm looking for to start PERM labor as back up.

I hope your case gets thru from AAO. I read some where elase, if you can get the evaluation such that the 3 yr degree in India equals 4 yr in US, you may have better chance
Click to expand...

Hi Mushe,

Can you please provide me of the contact details of IEEES, If they have a website that would be fine too.

Thanks
Sai
 
Following is the information about IEEES:

David Mihalyi
President
IEEES, Inc.
Landmark Building
316 N. Milwaukee Street, Suite 318
Milwaukee, WI 53202
PH: 414-319-5000
FX: 414-319-5003
mihalyi@edevals.com

All the best.
 
H1 extension

I think based on your labor filing you can extend or transfer H1. Friend of mine recently switched to another company based on the labor filing with the old company. He went through Rajiv Khanna. So I think you should be able to switch companies and get your H1 extended based on your labor.

Thanks.

kriskish said:
Hi Sam,
What is the new rule? I could not get that? Could you please share that info too. I dont know any company who can do my labor again in PERM. The problem is I am already on 7th yr extension and can I still extend with new company? I am sure I can get a job on my skills. Where can I find the info on new ac21?
Thanks
KK
Click to expand...
 
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