NSC I-140 RFE Experiances
- Thread starter grnlight
- Start date
Reason for denial is stated as 3Yr Indian degree is not equivalent to U.S. Bachelor's degree. Education evaluation was also submitted with the initial petition, I am not sre if the USCIS has even considered the evaluation. plus 6.11 yrs of experience before joining the current job.
Lawyers are going to file an appeal. Later a new I-140 will be applied base on my own Labor certification. Plans are the apply for a new Labor thru PERM immediately.
I have one question for the guru's, as my Finger prints are already done. If in case the new I-140 is approved should i go through the Dr certificaion and all that process again????????? and apply 485 and again give the Finger prints
Sheila R Danzig
Registered Users (C)
USCIS MUST consider the evaluation. Have your lawyers review this case:
An adjudicator must consider all of the evidence in the record that has probative value. Xiao Ji Chen v. U.S. Dep't of Justice, 434 F.3d 144, 163 (2d Cir. 2006) (quoting Cao He Lin v. U.S. Dep't of Justice, 428 F.3d, 391, 400 (2d Cir. 2005)).
An adjudicator must consider all of the evidence in the record that has probative value. Xiao Ji Chen v. U.S. Dep't of Justice, 434 F.3d 144, 163 (2d Cir. 2006) (quoting Cao He Lin v. U.S. Dep't of Justice, 428 F.3d, 391, 400 (2d Cir. 2005)).
I just got the information from my Law firm that education evaluation was done by The Degree People.
Sheila R Danzig
Registered Users (C)
Rfe
I sent you the information on how to respond. USCIS did not consider the material sent in the evaluation, which they are legally required to do. Be certain to forward the file that I sent you to your law firm.
I sent you the information on how to respond. USCIS did not consider the material sent in the evaluation, which they are legally required to do. Be certain to forward the file that I sent you to your law firm.
Ramakrishna58
Registered Users (C)
Dear GC_Ven,
Please post all your action in forum. Lot of people are reading and watching your action.
In fact we all who are effected with this 3 years indian BS degree against 4 years US BS degree ( EB - 3 , I - 140 ) should request together to Esq. Rajeev Khanna and Sheela Murthy who can write to USCIS on our behalf.
My case is exactly like yours. My evaluation was also through degreepeople.com. They prepared nicely and also gave lot of details and case studies but I don't understand why NSC has not accepted.
I have also filed new I - 140 and I-140 appeal too. For back up also filed PERM.
Just throughing money without any output and say for nothing.
GOD knows what will be next.
Please do write in forum.
Ram
( Joan327@hotmail.com )
Please post all your action in forum. Lot of people are reading and watching your action.
In fact we all who are effected with this 3 years indian BS degree against 4 years US BS degree ( EB - 3 , I - 140 ) should request together to Esq. Rajeev Khanna and Sheela Murthy who can write to USCIS on our behalf.
My case is exactly like yours. My evaluation was also through degreepeople.com. They prepared nicely and also gave lot of details and case studies but I don't understand why NSC has not accepted.
I have also filed new I - 140 and I-140 appeal too. For back up also filed PERM.
Just throughing money without any output and say for nothing.
GOD knows what will be next.
Please do write in forum.
Ram
( Joan327@hotmail.com )
Sheila R Danzig
Registered Users (C)
USCIS must respond to all evidence
For the most part USCIS is not responding to all of the evidence as they are required to do by law. Contact me via email
sheila at danzig dot com
and I will send you the details and the case law. We have seen MTR's approved when this is done. Your lawyer can easily follow it.
For the most part USCIS is not responding to all of the evidence as they are required to do by law. Contact me via email
sheila at danzig dot com
and I will send you the details and the case law. We have seen MTR's approved when this is done. Your lawyer can easily follow it.
I-140 Mtr
Hello gc_ven,
I am in the same boat.
PD 2005
LC approved
I-140 applied in 2007 - Preminum process
RFE (ability to pay) > Denial (lack of evidence-ability to pay) > MTR (currently in progress)
I-485 July 2nd
EAD approved
Biometrics completed
To answer your question, I recieved a new LIN number after my MTR was filed. Lawyer tells me that it would take 3 months to get a reply.
I dont know if AC-21 portability is applicable in my case when the I-140 is under MTR/Appeal and 485 is pending more than 180 days. Anyone knows?
Hello gc_ven,
I am in the same boat.
PD 2005
LC approved
I-140 applied in 2007 - Preminum process
RFE (ability to pay) > Denial (lack of evidence-ability to pay) > MTR (currently in progress)
I-485 July 2nd
EAD approved
Biometrics completed
To answer your question, I recieved a new LIN number after my MTR was filed. Lawyer tells me that it would take 3 months to get a reply.
I dont know if AC-21 portability is applicable in my case when the I-140 is under MTR/Appeal and 485 is pending more than 180 days. Anyone knows?
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gcstruggler
Registered Users (C)
How long does it take for RFE to be processed?
My lawyer responded to the RFE that we received on education on 10/23. I saw lud till 10/26 and yesterday there was no lud. Does it mean that the processing is completed? The status still shows that Response received on 10/23.
How long does it generally for USCIS to complete the processing?
Thanks.
My lawyer responded to the RFE that we received on education on 10/23. I saw lud till 10/26 and yesterday there was no lud. Does it mean that the processing is completed? The status still shows that Response received on 10/23.
How long does it generally for USCIS to complete the processing?
Thanks.
GC_HEADACHES
New Member
Hello-
I got RFE on my I-140 from Nebraska Service Center. Here is the query from USCIS: "Submit additional evidence to establish that you had the financial ability to pay the offered wage in 2006. Such evidence may include 2006 audited profit/loss statements, or 2006 federal income tax return". My employer says he submitted all the relevant paper work. I also provided my W2's at the time of filing. In my case, my annual income is way more than the advertised wage and my W2's reflect this. Any suggestions on how to answer this query would be greatly appreciated. Thanks again for all the kind help.
GC-PERM-EB2
PD: 01/2007
140 RD:04/2007 and RFE on NOV 28th
I got RFE on my I-140 from Nebraska Service Center. Here is the query from USCIS: "Submit additional evidence to establish that you had the financial ability to pay the offered wage in 2006. Such evidence may include 2006 audited profit/loss statements, or 2006 federal income tax return". My employer says he submitted all the relevant paper work. I also provided my W2's at the time of filing. In my case, my annual income is way more than the advertised wage and my W2's reflect this. Any suggestions on how to answer this query would be greatly appreciated. Thanks again for all the kind help.
GC-PERM-EB2
PD: 01/2007
140 RD:04/2007 and RFE on NOV 28th
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I-140 RFE. No Degree
Here is my case.
My labor was certified with job requirement as masters degree ( based on required MS course completion). Now, USCIS has sent the request for evidence (for I-140) asking me to provide the masters degree. I do not have it, because of some circumstances, I could not defend the thesis. My attorney is planning to request USCIS to transfer the filing category from EB2 to EB3 based on the fact that I do not have the degree.
Q1. Can USCIS accommodate that type of request? Did any of you experience this?
Q2. In the worst case scenario, USCIS might ask me to re apply for I140. That means it will most likely be rejected because it will be applied with my labor which was approved with Masters degree. Does this mean we have to start new labor too?
Any help is greatly appreciated. Thank you very much in advance
- Xtronics
Here is my case.
My labor was certified with job requirement as masters degree ( based on required MS course completion). Now, USCIS has sent the request for evidence (for I-140) asking me to provide the masters degree. I do not have it, because of some circumstances, I could not defend the thesis. My attorney is planning to request USCIS to transfer the filing category from EB2 to EB3 based on the fact that I do not have the degree.
Q1. Can USCIS accommodate that type of request? Did any of you experience this?
Q2. In the worst case scenario, USCIS might ask me to re apply for I140. That means it will most likely be rejected because it will be applied with my labor which was approved with Masters degree. Does this mean we have to start new labor too?
Any help is greatly appreciated. Thank you very much in advance
- Xtronics
hellogc_2006
Registered Users (C)
I don't think asking USCIS to convert from EB2 to EB3 may work since the LC has Masters which may mean that it should be EB2 (it all depends on the terminology used in LC). I have a similar issue and I have equivalent to BS+5 years terminology too, but still my attorney says that they most probably won't be accepting it. Unfortunately, you may have to redo your LC again if this is correct.
Best of luck..
I need help plz, I got RFE on my I-140 for education for 3 years degree.
I have B.sc and 1 year PG.Dilploma in computer Application. when i came to usa in 99 my employer did education evalution , it came B.S major computer science. now Nabraska center saying combination of 2 degreess not equal to 4 years degree.Now i am 9th year extension , My attorny saying they may denie the case, can u plz tell what are my options.
Pd Dec-02
EB3/CA
I have B.sc and 1 year PG.Dilploma in computer Application. when i came to usa in 99 my employer did education evalution , it came B.S major computer science. now Nabraska center saying combination of 2 degreess not equal to 4 years degree.Now i am 9th year extension , My attorny saying they may denie the case, can u plz tell what are my options.
Pd Dec-02
EB3/CA
Hi
Check ur labour whether it says 4yrs degree.combination accepted.then get a new eval done.if not then eval with respect to number of credit.What is in ur labour.
can u plz let me know ur 140 RD.mine pending in nsc rd dec18th 2006.
Check ur labour whether it says 4yrs degree.combination accepted.then get a new eval done.if not then eval with respect to number of credit.What is in ur labour.
can u plz let me know ur 140 RD.mine pending in nsc rd dec18th 2006.
GeeSeeNothing
Registered Users (C)
How did it go? Where did you send your papers for eval? Pls keep us posted.
Hi,
The I-140 rfe has been issued and I'm waiting for the notice.
I have 3 years Indian degree and my PERM labor was filled with the education requirements as
H-4 - Minimum education required
- Bachelor
H-7A - Major Field of Study
- COMPUTER SCIENCE RELATED
H-8A - Is there an Alternative Level of Education acceptable, if YES specify,
- 3 YEAR OF UNDERGRADUATE EDUCATION
H-9 - Is a foreign educational equivalent acceptable
- YES
Don't know what that RFE is about...willl let you know...
The I-140 rfe has been issued and I'm waiting for the notice.
I have 3 years Indian degree and my PERM labor was filled with the education requirements as
H-4 - Minimum education required
- Bachelor
H-7A - Major Field of Study
- COMPUTER SCIENCE RELATED
H-8A - Is there an Alternative Level of Education acceptable, if YES specify,
- 3 YEAR OF UNDERGRADUATE EDUCATION
H-9 - Is a foreign educational equivalent acceptable
- YES
Don't know what that RFE is about...willl let you know...