My Story - Long 2 year 140 ordeal ended smoothly...

Kishore_l

Registered Users (C)
Hello Fellow forum members,

Here is my story. Filed my Labor in aug 2001 and approved in jul 2003 (Of course there was some RFE). Filed my 140 in sep 2003, filed my 485 and EAD in April after a very long ordeal. Both mine and spouse EAD got approved in July with no issues. Since my 140 was untouched and 30 days have passed the processing date, initiated the status inquiry. Then there comes the notorious RFE in Aug (Ability to pay and educational evaluation - which was never submitted earlier). checked with my company and they said its a usual RFE and don't worry about it, since it was the 8th one. Got in touch with UN and got some info, passed on to the company. They didn't even bother to hear me out, they said they have everything under control and attorney knows what to do. They responded to all the RFE and meanwhile, earlier responded RFE's got approved (almost 4). Since nothing happened in 30 days, I initiated the status inquiry on 140. Exactly after 30 days of status inquiry, my 140, 485 & spouse 485 got denied due to lack of company's ability to pay. Company was also surprised since they got all the rest of 8 pending 140's approved. Again, UN came into picture, he gave materials and willing to help a lot. But my attorney even refused to listen, though my employer was 50% convinced. Spent so much of time on this issue and UN even spoke with my employer, our company CPA but it didn't lead anywhere. In 30 days, they filed for MTR 290a (Not the appeal, though I asked them to do 290B, my intention was at least we can have an answer in 60 days) with same evidence but with more argument. Finally convinced my employer to get a copy of the appeal and I was shocked, when I looked at it. Attorney has bashed USCIS left & right, used pretty strong harsh words that they are "abusing their discretionary power". Discussed with UN and UN told me that, though whatever my attorney mentioned was true, but my case is not going to get approved. There was no decision whatsoever on the MTR. Meanwhile our 7th year H1 extension based on appeal got approved. Our extension for our EAD got denied and we got very stupid response.

My EAD extension was denied and reason given was since 485 has been approved, I no longer need EAD. But for my spouse reason, since 485 has been denied, she is not eligible to file for EAD. Got more confused with this contradictory messages, but had a small hope that, I was lucky enough to get my 485 approved, though MTR / 140 was like a stone in bottom of the ocean. Due to this, my wife has to stop working.

USCIS waited exactly for 180 days and hit us hard again by dismissing the appeal as there was no G28. It was such a lame reason, though we have submitted G28 for all the petitions. USCIS said, it has to be separate G28 for each application. My attorney appealed again (MTR 290a) with same evidence, same argument with new G28 and also pointed out to them, that USCIS has overlooked G28 at the first place and bashed them again. I was totally fed up with the whole process and lost the total hope of getting GC. I am in the 7th year with no hope. Became a good friend of UN and always used UN to vent out, but UN was very friendly and stood with me all the time, though he never gave any false hope that, this case will get approved.

After 45 days of MTR 290a, my 140 & 485 got re-opened. My denied EAD also got re-opened and approved. Again got some hope, but nothing else happened. Spoke with UN and he mentioned that, if you don't see your case to be approved in a week or so, then its a gone case. waited for a month, but nothing happened and my wife case never got re-opened. Followed ERICS instructions to talk to an officer and that person has initiated an internal inquiry to search for my spouse case from storage. Yes, they have closed all our case and sent to storage. After 2 weeks, my spouse 485 got re-opened but EAD was in denied state.

Couple of days back, I made up my mind and decided to call USCIS. I know, I have nothing to lose and just wanted to have a final decision on my 140. This 2 years was a true nightmare. I called USCIS and reached an officer (using EricS instructions), explained all the issues and wanted them to take a final decision on this case. That person was pretty helpful and took all the information and we're on the phone for close an hour or so. Felt pretty confident, called my employer and told him about the same. Officer called my employer first thing in the morning and also called back Late in the evening, let them know that case was approved. Finally 2 year nightmare ended yesterday, but irony is PD has moved to 98. But at least, I have less thing to worry.

Thank you all for your support and help in this rough journey. Though, I have mentioned just few names here, I am pretty sure every post and every piece of information in this forum is very helpful. May be, I can send this to Ripley's Believe it or not. USCIS also has sincere people, they even called and followed up, resolved it in a day Believe it or not!!.:) :)
 
Congratulation Kishore & UN...!! eventually all of your efforts get paid off..I am wondering why did you get the Edu. Eval. RFE though ? could you share your background and the reason for RFE, ways to resolve it etc. with us ?? would appreciate that much.

Thanks in Advance & congrats again...
 
Thanks!!. I had a non-computer science bachelors degree. Though it has clearly mentioned in my labor that, this job needs bachelors degree in engineering, they still asked for an educational evaluation. We provided an educational evaluation that, foreign degree is equivalent to an US undergrad (We did not bother to get an equivalent to a computer science degree in US), but my degree evaluation turned out to be equivalent to informational engineering with concentration on computer science and engineering. Hope it helps. Edu Eval is mainly driven by your labor certification and what has mentioned in section 14 & 15, if your attorney is smart, he/she would have tailored it your qualification. Certain attorney's make it so specific to the candidates qualification, that it won't have any issues during 140/Eb2 and/or RIR.

I have seen a labor, which was so unique from others.
For Eg: Bachelors in Engg with Mechanical Engg and/or diploma in CS.
Section 15: required to have 2+ years experience in Manufacturing sector
Required to have 3+ years experience in programming
required to have Microsoft certification in VB / SQL Server
required to have Oracle certification

Above mentioned person's labor was available for substitution and company could not find any person. Since the same person had labor from 2 different states and he has used, even got his 140 approved without any issues. It protects the beneficiary and also company cannot sell such labors.



gctarget06 said:
Congratulation Kishore & UN...!! eventually all of your efforts get paid off..I am wondering why did you get the Edu. Eval. RFE though ? could you share your background and the reason for RFE, ways to resolve it etc. with us ?? would appreciate that much.

Thanks in Advance & congrats again...
 
Thanks Kishore...I have a similar concern and haven't heard anything about my I140 from USCIS. The labor that I used was approved for a guy with "Masters" in "Computer Related" subject with no Experience. I have a Masters (Eco. & Finance) + bunch of diplomas in Computers + 8 years of work experience in IT. The edu. eval. that I submitted made me equivalent to an MS in Information systems based on my Edu + exp.

Not sure how its going to turn out ?? :confused: are you aware of any similar case ? or any clue ?? my fingers are crossed at the moment.
 
gctarget06 said:
Thanks Kishore...I have a similar concern and haven't heard anything about my I140 from USCIS. The labor that I used was approved for a guy with "Masters" in "Computer Related" subject with no Experience. I have a Masters (Eco. & Finance) + bunch of diplomas in Computers + 8 years of work experience in IT. The edu. eval. that I submitted made me equivalent to an MS in Information systems based on my Edu + exp.

Not sure how its going to turn out ?? :confused: are you aware of any similar case ? or any clue ?? my fingers are crossed at the moment.
Please refer to the original Labor section 14 and 15. If they have used the word "Masters in Computer Engg" or equivalent, you are good to go. Even otherwise, I guess worst thing could be a RFE and it should go through, as yours is Eb3. However, just make sure couple of other things like "Ability to Pay" from PD and, original labor is not a revoked one after employee has left the company using AC21 or company has sponsored multiple labor substitution (though above cases are legally allowed, USCIS is playing tough and it may delay the process).

Check with your employer/attorney to see, if they can initiate a status inquiry, atleast you can get your file located / moved out of shelf. Good Luck.
 
Thanks Dude..I appreciate your comment. I was going through the Approved labor's 14 & 15 section. Here it is...take a look and tell me how you feel about it.

Section 14 (Education)
-------------------------------------------------
College - 5 (I too have 12+3+2, 5 years college)
College degree required - "M.S. or equivalent degree"
Major Field of study - "Computer related" (doesn't even say "engineering")

Experience - 0 years

Section 15 (other special requirement) - None
-----------------------------------------------------
as far as pays goes...I am getting lot more than what is mentioned in the Labor. My Company is reputed and works with the Federal govt. so chances of cheating are highly unlikely...I already initiated an enquiry twice in last 6 months and as per USCIS they are still waiting for "something from another agency/office"...Not sure how to tackle this as they dont tell what exactly this "something" is they are waiting for. and how long it might take....??? :confused:
 
gctarget06 said:
Thanks Dude..I appreciate your comment. I was going through the Approved labor's 14 & 15 section. Here it is...take a look and tell me how you feel about it.

Section 14 (Education)
-------------------------------------------------
College - 5 (I too have 12+3+2, 5 years college)
College degree required - "M.S. or equivalent degree"
Major Field of study - "Computer related" (doesn't even say "engineering")

Experience - 0 years

Section 15 (other special requirement) - None
-----------------------------------------------------
as far as pays goes...I am getting lot more than what is mentioned in the Labor. My Company is reputed and works with the Federal govt. so chances of cheating are highly unlikely...I already initiated an enquiry twice in last 6 months and as per USCIS they are still waiting for "something from another agency/office"...Not sure how to tackle this as they dont tell what exactly this "something" is they are waiting for. and how long it might take....??? :confused:
Per your postings, I believe you had 3 year degree and 2 year masters. Its little tricky, but under EB3 it should not be too difficult to get approved. Generally under Labor Substitution, you will be better off sending the original labor along with your 140. If your lawyer haven't send it, USCIS may request a certified copy from DOL. Most of the time, if they are requesting from an another agency at this stage would be DOL. It can take weeks to months, so you may want to seek the help of local congressman / senators office. Though, I don't have firsthand experience, but one of my friends colleague were benefitted by doing so. Congressmen office was not that helpful it seems, but Senators office first called USCIS and verified that they are waiting for the certified copy from DOL and wrote a letter to DOL, requesting to expediate or the reason for the delay. The whole turn around time was 6 weeks and it got approved, infact both 140 & 485 got approved. But that person would have written several letters and emails to senator's office before he can talk to them directly. Give a try, you never know you may be lucky too...........
 
yeah..its a 3 year degree + 2 years masters. approved labor also seems to mention only 5 years college though. anyways...when I initiated an enquiry on my AP...I got the same response "waiting for hear from agency" I am wondering if AP also needs to have an original copy of the Labor to make a decision ? or is it background check which is causing the delays ? I am exploring the option to contact my local congressman to see if he can help.
 
gctarget06 said:
yeah..its a 3 year degree + 2 years masters. approved labor also seems to mention only 5 years college though. anyways...when I initiated an enquiry on my AP...I got the same response "waiting for hear from agency" I am wondering if AP also needs to have an original copy of the Labor to make a decision ? or is it background check which is causing the delays ? I am exploring the option to contact my local congressman to see if he can help.
If USCIS had put a hold on your 140 file, none of your deriving petitions will be adjudicated unless hold is released. Since in your case, they would have requested Labor from DOL, case is on HOLD status. With My experience, Since you cannot talk about 140 (Employer's petiiton), start with your AP / EAD and drive them to the underlying 140, which they need to make a decision or atleast move the file from HOLD status. Also keep in mind that, currently they have a wonderful tracking system. In my case, they went back to all the calls we made and they had pretty much entire conversation. So Play a safe game.
 
where did you find form 290A to file MTR 290a. It not there in USCIS site.
Please let me know. Thanks in advance
 
A0001 said:
where did you find form 290A to file MTR 290a. It not there in USCIS site.
Please let me know. Thanks in advance
There is no form as 290A. Just the cover letter / argument is considered as Motion to Re-open / Re-consider, which attorney has to request.
 
Guys...I am wondering if someone could post the thread id/url for i.e. how to contact a senator/congressman and what to tell them ? like format of the application and so forth ?
Thanks much in Advance..
 
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