Nebraska - RFE Education - 6th year of H1B

G

gcusa123

New Member
Gurus Please help.

Although I have been reading a lot on this forum, but never dared to post as I guess I am still in the process of educating myself.

Here is the situation:

1) I have 2 years BS in general science.
2) I have already travelled on advance parole and I am still with the same company.

I got my RFE asking for "single-source degree to be equivalent to US BS". My lawyer says it will be difficult to fight as I have one BS of 2 years.

He says that I should file another labour through PERM and go through the whole process. Is this the right approch to take? Will I be able to extend my H1B every year?

Since I have already travelled on advance parole, won't it make my status illegal if my I-140 RFE is denied? Does anybody has the same issue?

Please let me know as I am desperately waiting for your opinions. I will discuss this with my lawyer too as I forgot to ask these questions to him.
 
If you have any other certificates or extra education, you can try getting an education evaluation at a company such as Trustforce to show that all of that combined with your 2 year BS equals one US BS.

Coming in with AP should have not invalidated your AP but some people here will disagree. To be safe you may want to exit the US (Mexico or Canada will be fine) and re-enter using your H1 stamp.

If your I-140 gets denied, your EAD will be invalidated so you want your H1 as a back up.

An H1 can be renewed for a 6th year but not past that unless you have an immigration process pending for at least 1 year.
 
Thank you cfiler for the reply.

Even if I am working with the same employer, will it still invalidate my H1 as I have travelled on AP? I thought that as long as I am with the same employer, H1 will remain valid even if I have travelled on AP.

The thing is that I am already in my 6th year or H1, expiring December 2005. Now if at this time if I-140 is denied, then I can appeal and buy some time to apply the new labour certification as per PERM process which itself will be a nightmare as I have heard nothing good so far about PERM.
 
I traveled and came back with AP, I was then able to renew my H1 visa for a 7th year - that's why I think that using AP will not invalidate your H1.

If your 140 is denied your AP will also be revoked. If you have to apply for PERM because your 140 is denied, the "one year" clock allowing the 7th year renewal will reset back 0. So it may be in your best interest to work as hard as you can to get the current 140 approved since it's too early to file for an H renewal in May if your H expires in December.

Of course, you always want to consult with a lawyer since my logic may be completely flawed.
 
cfiler,
When you re-entered US on AP did they stamp your H1 visa with "Cancelled - Application Withdrawn"? If yes, then were you able to successfully get the renewal stamping on your passport?
My wife travelled on AP but at the Port of entry they stamped her H4 visa "Cancelled - Application Withdrawn". So I am kind of reluctant to send her back to india on vacation because she may have trouble revalidating or renewing her visa back in india.
thanks-
 
Just out of curiousity if I140 is denied and you file MTR then can you apply for the 7th yr extension while it is pending
OR
if I140 is denied and you refile the same I140 again then can you apply for the 7th yr extension based on the fact that the I140 is pending and in the meantime while I140 is pending apply for a second labor.

Guys any thoughts on this
 
Jaggy,
I got my 7th year extension based on MTR receipt notice from NSC. I also filed for a new labor in my 6th year of H1 as a backup ... so I can get further H1 extensions and also start my GC from scratch .... if my I140 is denied completely even by AAO.
 
Did your Attroney discuss this issue before filing the Labor?
Do you have word 'Equivalent' or 'Combination' in your Labor Cert?
Did you submit CE saying your Education Equivalent to U.S BS degree?
Myself is going through same situation, I got RFE 3 months back, but my lawyer didn't include the right CE, so it got denied. Now I have appealed with CE saying 'my 2nd engineering degree equivalent to US BS degree'.
 
My lawyer did include the evaluation once we go the RFE. But Nebraska is not budging. They are saying that 3 years of Bachelors from india + various certifications and experince is not equal to 4 years US Bachelors. If the wordings on my labor would have clearly mentioned that "Foreign BS degree plus certifications and experince should count towards BS degree" then there was a good chance that it would have been approved.
 
140 to Change from EB2 to EB3

Need some help

I received a RFE to Change from EB2 to EB3. What does this mean to the EAD/AP that i have now ? Can this be renewed when EAD expires ? or i need to wait until the date becomes current ?

Labor Applied : 06/17/2003
140 PD : 10/31/2003
485 PD : 02/15/2004
2nd EAD/AP Valid until 02/16/2006

Any thoughts from experts
 
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