Hi Gurus,
My application have benn denied due to the inability to establish my education to be U.S. baccalaureate degree equivalent.
I have two bachelor degrees. 2nd bachelor degree requires 1st one, thus exempted 2 semesters (1 yr).
My ETA 750 (Labor certification) application had this evaluation enclosed and stated in the column "College" to be "4" and "College degree required" to be "Bachelor Degree"
After the labor approval, I filed for concurrent petitions for both I-140 and I-485, in January 2004. Later, I received an RFE in Nov, 2004 requesting the following
1) Evidence to establish that petitioner had the financial ability to pay the offered wages...
2) Evidence establishing the beneficiary's education at XXX University and/or any eight semester degree must be submitted...
In response to the RFE in addition to the company related financial statements, w2s etc, for RFE item (1), I submitted the following documents for RFE item (2) with records
a) Notarized letter explaining my double Bachelor degrees and explaining
how the my second Engineering degree is a 8 semester(4 yr) degree
b) copy of the same evaluation report
c) degree certificates and marksheets
After my submission of the response to the RFE, my company filed for bankruptcy on Feb, 25(Chapter 7 - liquidation), but established an agreement with another firm to be successor of the interest (in essence, to take the ownership of the employee contracts and immigration petitions).
My questions are as follows:
1) Can I make an appeal (motion to reopen)?
2) How does the motion to reopen or appeal get affected given that I-140 petitioner has filed for bankruptcy?
3) If an appeal can be made what steps do I need to take next?
4) What documentation do I need to submit with my appeal?
I really appreciate your help on this
Thanks
psam
My application have benn denied due to the inability to establish my education to be U.S. baccalaureate degree equivalent.
I have two bachelor degrees. 2nd bachelor degree requires 1st one, thus exempted 2 semesters (1 yr).
My ETA 750 (Labor certification) application had this evaluation enclosed and stated in the column "College" to be "4" and "College degree required" to be "Bachelor Degree"
After the labor approval, I filed for concurrent petitions for both I-140 and I-485, in January 2004. Later, I received an RFE in Nov, 2004 requesting the following
1) Evidence to establish that petitioner had the financial ability to pay the offered wages...
2) Evidence establishing the beneficiary's education at XXX University and/or any eight semester degree must be submitted...
In response to the RFE in addition to the company related financial statements, w2s etc, for RFE item (1), I submitted the following documents for RFE item (2) with records
a) Notarized letter explaining my double Bachelor degrees and explaining
how the my second Engineering degree is a 8 semester(4 yr) degree
b) copy of the same evaluation report
c) degree certificates and marksheets
After my submission of the response to the RFE, my company filed for bankruptcy on Feb, 25(Chapter 7 - liquidation), but established an agreement with another firm to be successor of the interest (in essence, to take the ownership of the employee contracts and immigration petitions).
My questions are as follows:
1) Can I make an appeal (motion to reopen)?
2) How does the motion to reopen or appeal get affected given that I-140 petitioner has filed for bankruptcy?
3) If an appeal can be made what steps do I need to take next?
4) What documentation do I need to submit with my appeal?
I really appreciate your help on this
Thanks
psam