NSC I-140 RFE Experiances

Guys: Now I have details about my RFE. Unfortunately my worst fears have come true. USCIS wrote a reply saying that "your Labor mentions BS + 4 or Masters +2 as experience. We are going to assume BS+ 4 which is EB3. If you want to proceed, let us know". So we have no choice but to proceed with EB3.
All I am going to hope & pray for is a mircale now that they do not send back the 485 papers. And not loose the EAD, AP and FP notices that I have already received. Other than that, I shall be waiting for an immigration reform to make EB3 to file for 485! :(
 
Hi Gurus,
My labor got approved and moved to this new level and I dont know much about I-140 I have to file In NSC what are the EB2 and EB3 date in NSC please write me.
Thanks
Vijay0101
 
olympics2008 said:
Thanks Madison
But what kind of inquiry. I called the 800 number but it is just a recorded message. Thanks again for replying to my query
Click to expand...
I remember that when I was waiting for my 485 RFE, my wife called that number to check the status of our RFE and learned that one is allowed to initiate a formal inquiry on case status only after submitting RFE for more than 60 days. This is also what I read on this forum. But since I've never actually done this myself, I do not know the details. See if other people have any input on this, or you can search the forum for "case status inquiry".
 
RFE on experience letter

Dear Gurus,

I just received an RFE for experience evaluation.I have copies of the offer letters and resignation letters from each of my prior employers.However, none of them describe the job responsibilites and the skill set required. After recieveing the RFE I was able to contact two of the employers for updated documents but two others are no longer in existence. Could anybody please advise what can be done under the circumstances.Please note that I do not have any contact information for colleagues either. I was with each of these companies for a year way back in 1997.

Could some one please advise... What would be the best way to approach this problem....Do RFE's of this sort lead to denials...I am very worried and tense.Pleasse help!!!!
 
I-140 RFE / Appeal / Expected Time frame.

Guru's

Has anyone found out an effective way to reply to the 3 yrs degree appeal? My lawyer is saying that he wants to appeal arguing similar cases got approved in the past. I don't think this is a good approach. What you guys think?

After I appeal how much time it takes for the decision. My employer is little reluctant to invest any more money in new perm and may have to leave the country. So already I am started to look for another job in other countries. Any input is appreciated..

Happy Halloween to everyone....

Thanks
 
Hi KC,

Thanks for your reply. Yes, I'm on H1B only and I've just received my 8th year extension till Dec, 2006. I hope you don't mind me asking 2 followup questions and would appreciate your inputs:

1. If I140 gets rejected, the H1B does not get invalid right away? Do I have to leave the country immediately. I'm asking this because my lawyer (on whom I don't have much belief anyway) told me that I'll have to leave right away.

2. If I apply for another labor in Perm, from the same or different employer - does my H1B extension stay good or should a new one be applied? Can we get an extension by applying for labor in PERM without having been 360 days after labor application?

I'll really appreciate your inputs.

Thanks,
Ashok.
 
Hi dmaskok,

just wanted to add my input... see my response below!

dmashok said:
Hi KC,

Thanks for your reply. Yes, I'm on H1B only and I've just received my 8th year extension till Dec, 2006. I hope you don't mind me asking 2 followup questions and would appreciate your inputs:

1. If I140 gets rejected, the H1B does not get invalid right away? Do I have to leave the country immediately. I'm asking this because my lawyer (on whom I don't have much belief anyway) told me that I'll have to leave right away.
no, once h1-b is approved, u r ok. ur new h1 should come with a I-94 dates attached. as long as u follow those dates, u r ok. u dont need to leave the country. i'm in the same boat. i just entered 9th yr on H1 and my 140 got rejected last month.


2. If I apply for another labor in Perm, from the same or different employer - does my H1B extension stay good or should a new one be applied? Can we get an extension by applying for labor in PERM without having been 360 days after labor application?
h1-b is independent now that it's approved. u dont have to file another H1 when applying under PERM. also, that 365 day rule may not apply. that comes into play when ur 6th yr is over and entering 7th that u need to file in the 5th yr. but not sure if we need to do that even now.

I'll really appreciate your inputs.

Thanks,
Ashok.
Click to expand...
 
dmashok,
As far as I know, I think your lawyer is right. the rule is that if your H1 extension is given based on a pending petition (I-140,485 etc.) and if that pending petition is rejected then it invalidates your H1B as well. check with some reliable sources and then take a decision best in your interests.

Bunny2000,
Try finding some people who worked with you and ask them to write an affidavit for you explaining all the duties,skillset involved in the job. Hope this helps.
 
oops...the following was for Cookie2001 and not for bunny..

"Try finding some people who worked with you and ask them to write an affidavit for you explaining all the duties,skillset involved in the job. Hope this helps."
 
Hello Bunny01,

Thanks for your reply. I'll update this message board when I find any way out. I'm talking to some lawyers who say that there might be a way out.

Thanks,
Ashok.
 
I-140 approved with M.C.A. (3 yrs.) and B.Sc. (3yrs.) in Mathematics

Hi,

I wanted to update all of you with my I-140 current status.

When I have checked my case status on USCIS website, the current status is being shown as

This case has been approved. On October 31, 2005, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Here are my case details are: EB2 (I-140/485 filed cocnurrently)

Qualification : M.C.A and B.Sc. (3yrs.) in Mathematics.

Application Name Filed Date Approval Date

Labour(PERM) 08/16/2005 09/13/2005
I-140 09/29/2005 10/31/2005
 
I-140 approved for EB3 with 3 year degree

Hi All:

GOD is Great and my Prayers and faith in HIM saved me.
I was thrilled to get an e-mail update from USCIS that my I-140 was
approved yesterday, 11/10/2005. I have a 3 year degree in Chemistry,Physics and Mathematics and about 12 years progressive experience in IT. I have no other degree or diploma from any university. I got an RFE for educational evaluation and my attroney responded to that with an evaluation from Morningside comparing B.Sc to ' Three years of coursework in US'. No experience or other certificates were taken into effect per the RFE. But my attoney did a great job by filing the LC with relevant wordings in Box.15 saying '3 year degree acceptable and 3 years experience in lieu of degree'. Also in Box.14 he mentioned B.S in Science(any). I guess this pefectly matched my education and background. Here are my details. Please feel free to send me a PM if you need any info from me, will be glad to share.
Wish you guys all good luck and fast approvals.

EB3 RIR
PD # 01/2003
LC approval# 07/2005
I-140 Received date# 09/26/2005
I-140 RFE # Education evaluation requested , post secondary , not to
combine training or experience or other certificates, only
formal education from an instituion of higher learning
10/07
I-140 Approved # 11/10/05
 
Congrats!

Can you please share your law firm name.. Your case was done in very good way. Earlier labor applications filed with 4 yrs requirement did not know of this stupid NSC behaviour. Well congratulations for your approval..


Thanks



mich2003 said:
Hi All:

GOD is Great and my Prayers and faith in HIM saved me.
I was thrilled to get an e-mail update from USCIS that my I-140 was
approved yesterday, 11/10/2005. I have a 3 year degree in Chemistry,Physics and Mathematics and about 12 years progressive experience in IT. I have no other degree or diploma from any university. I got an RFE for educational evaluation and my attroney responded to that with an evaluation from Morningside comparing B.Sc to ' Three years of coursework in US'. No experience or other certificates were taken into effect per the RFE. But my attoney did a great job by filing the LC with relevant wordings in Box.15 saying '3 year degree acceptable and 3 years experience in lieu of degree'. Also in Box.14 he mentioned B.S in Science(any). I guess this pefectly matched my education and background. Here are my details. Please feel free to send me a PM if you need any info from me, will be glad to share.
Wish you guys all good luck and fast approvals.

EB3 RIR
PD # 01/2003
LC approval# 07/2005
I-140 Received date# 09/26/2005
I-140 RFE # Education evaluation requested , post secondary , not to
combine training or experience or other certificates, only
formal education from an instituion of higher learning
10/07
I-140 Approved # 11/10/05
Click to expand...
 
NSC -EB2

I-140/485/EAD/AP RD: 7/20/05

I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)

Bio metric: code 3- 10/02/2005 (me & wife)

I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)

AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)

11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)


Any one knows why delay on my I140?


Thank a lot
 
NSC -EB2

I-140/485/EAD/AP RD: 7/20/05

I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)

Bio metric: code 3- 10/02/2005 (me & wife)

I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)

AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)

11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)


Any one knows why delay on my I140?


Thank a lot
 
Today i received my labor approval...........so i am planning to apply my I-140....

if some one gives me an idea what are the documents i needed for I-140.......that would be great ........and

one more question......can i apply I-140 my self or need to include my wife too in I-140??????? bec she went to india and coming back next month........if i need to include my wife means i got to wait until she comes back else i can apply immediately......


please advice..
 
yuren said:
I think you should have no problem if you already have MS degree, don't understand why NSC officer will issue such an RFE even it's a fact.

By the way, can you post the officer code who issues the RFE, it's the last line on the letter below the siganature.
Click to expand...

I am a foreign credential evaluator and I can tell you that all degrees need to be evaluated in terms of a US degree regardless of how clear your documents show that you have the degree. A lawyer also called me in on a case where the client had a masters degree and a 3-year bachelor's degree. The masters degree was evaluated as equivalent to a US Masters Degree. The RFE stated that the client did not have a qualifying bachelor's degree prior to the masters degree. I did an evaluation showing that the 3 year bachelor's degree was equivalent to a US 4 Year bachelor's degree. This was the first case the lawyer had ever seen with this kind of problem. It is terribly unfair but it is correctable with a properly done evaluation and an outside expert opinion letter.

I suspect that eventually this situation will have a permanent fix with a precedent setting case. The Oregon case is not precendent setting and lawyers have told me that they prefer not to use it for an appeal or RFE.

Anyone with a 3-year degree who would like a free consultation can always call me. 1.800.771.4723

Best Regards,
Sheila Danzig sheila-at-danzig-dot-com
 
Information on appeal process/. ??

Everyone,

I replied to my denial notice for 3 yr degree. (Motion to reopen application) Now how do I know if they are going to accept the proof and open a case in Administrative appeals office?

How much time it takes for such cases? Can I continue to work on EAD while appeal process is pending? Is there any online tracking for such cases? Any informaton will help..

Thanks
Happy Thanksgiving..
 
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