Intend to revoke I140/485

N

Neel28

Member
Help me gurus...

WAC-03-06****

I-140 was approved in April 2003 after RFE on Education. I had a 10+2+3 (3 year diploma in Mech eng) education and 8 years of work experience in software industry. But in my ETA 750 it was stated that the minimum qualification for the position is a baccalaurate degree (no equivalent) in computer science. We sent the educational evaluation and I140 was approved.

Today I got "Intend to revoke" notice stating that the I-I140 approval was in error and may require the petition to be revoked.!!

Two years ago the company(A) I was working with at the time of filing I-485, was bought out by another company(B). But I still work for company-A and paid by company-A. In payslips and W2 there is no mention of company-B.

Now the reasons to revoke,

1. USCIS doen't know whether company-A still exists or not. All they know is about the "buy out"
2. They still does not agree with the "education evaluation" and saying I do not have the "United States baccalaurate" degree or forien equivalent. ( remember, once they approved my I-I140!! )


For the first reason, I can respond with all the details and convince them the existence of Company-A

But don't know how to handle the second one.

The worst thing is, I am working on EAD.. means.. I will be out of status if they revoke my I140. What precautions I should to take to face the worst?
Substitute labor? Another H1? please suggest

Please help me here.

NM
 
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It appears that USCIS has become strict in enforcing educational evaluation. A diploma is not considered equivalent to a degree.

One case was refused H1 stamping in Chennai recently. He had exactly same qualification with similiar number of years of experience. IIO at chennai cancelled notice of action and indicated that H1 was approved in error.
 
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