please i need ur advice.
my husband did mbbs in india. he came here & cleared his step1, 2 ,3 & csa.he did residency program for 3yrs m.d in internal medicine. he's got ECFMG ceritifiacte, foriegn evaluation services evaluation saying mbbs is equal to m.d in u.s. he got m.d certifiacte, florida licence & is now practicing in fl.we are in 5th yr H1. our 6 yrs H1 expires on apr 2010.
In short he's got all proper documents neccessary
we filed labor under EB2 category.it was a simple case but my lawyer complicated it by ticking NO in labor certificate by error or negligence (ETA form 9089) to (Q).IS foreign education equivalent acceptable ?he ticked NO instead of YES.
in sep we got intent to denail from TSC saying that mbbs is not m.d degree but its bachelors.my lawyer sent an explanation that mbbs is m.d & sent foreign credential evaluation certificate instead of ECFMG certificate.
we got a letter for TSC saying they sent our file to AAO & we need to appael in 30 days.
now we went to a new lawyer. he's saying we have 0% chance of winning appeal as our labor certificate base itself is wrong & we should apply for new labor. and we need to file an appeal for extra cushion for 7TH yr H1 extension ,incase we're not able to file labor before apr 2009.
my question is (1). why to appeal when its got 0% chance & if we cant file labor before apr 2009 ,how can it help us. if AAO denies appeal before we try to extend 7th yr in apr 2010 ,it'll be a waste & moreover if we want to apply for new I 140 ,anyway we need to withdraw our old I140 appeal.But our new lawyer says we need not withdraw our OLD I140 appeal ,when we file for new I140.is it true.
(2). can we file our labor before our dead line apr 2009, if we start the process now.
(3). can we use labor certification substitute from another employer.i heard that DOS is not allowing labor substitute.is it true.
(4). how can we save our self.
my husband did mbbs in india. he came here & cleared his step1, 2 ,3 & csa.he did residency program for 3yrs m.d in internal medicine. he's got ECFMG ceritifiacte, foriegn evaluation services evaluation saying mbbs is equal to m.d in u.s. he got m.d certifiacte, florida licence & is now practicing in fl.we are in 5th yr H1. our 6 yrs H1 expires on apr 2010.
In short he's got all proper documents neccessary
we filed labor under EB2 category.it was a simple case but my lawyer complicated it by ticking NO in labor certificate by error or negligence (ETA form 9089) to (Q).IS foreign education equivalent acceptable ?he ticked NO instead of YES.
in sep we got intent to denail from TSC saying that mbbs is not m.d degree but its bachelors.my lawyer sent an explanation that mbbs is m.d & sent foreign credential evaluation certificate instead of ECFMG certificate.
we got a letter for TSC saying they sent our file to AAO & we need to appael in 30 days.
now we went to a new lawyer. he's saying we have 0% chance of winning appeal as our labor certificate base itself is wrong & we should apply for new labor. and we need to file an appeal for extra cushion for 7TH yr H1 extension ,incase we're not able to file labor before apr 2009.
my question is (1). why to appeal when its got 0% chance & if we cant file labor before apr 2009 ,how can it help us. if AAO denies appeal before we try to extend 7th yr in apr 2010 ,it'll be a waste & moreover if we want to apply for new I 140 ,anyway we need to withdraw our old I140 appeal.But our new lawyer says we need not withdraw our OLD I140 appeal ,when we file for new I140.is it true.
(2). can we file our labor before our dead line apr 2009, if we start the process now.
(3). can we use labor certification substitute from another employer.i heard that DOS is not allowing labor substitute.is it true.
(4). how can we save our self.