"Written decision mailed" mesage . milli please reply

I agree with you Milli

This isn\'t easy to evaluate over the internet. Lots of factors go into this. Also, using experience with the sponsoring employer is very difficult to do. There are ways to do it but it will not be possible at all if you are applying for a GC in the position that you currently hold.

Seems like a fairly major mistake to me.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
can I still use the same Labor

As ETA750 says that the job requires BS + 5 years, but NOT BS + 5 years of POST bachelor experience.
I do have BS and 7 years of experience. But I have only 4.5 years of POST bachelor experiance.
As my Bachelors is Evening course, I have have experiance of 2.5 years while I am doing my Engineering but after my 3-year Diploma in Engineering.
Is there a chance to refile in EB-3 with the same labor???
 
RFE and the letter of denial

should give you the exact reason of why they denied your case. If you can post them(what was mentioned in your RFE and denial letter exactly in INS wordings) probably someone can help you out.

Also if possible, post the exact wordings mentioned in ETA750 requirement column.
 
RFE from INS

The ETA-750 Labor Certification submitted by your company states that the job offer requires an individual with a Master\'s degree.

In lieu of Master\'s degree, the INS requires a BS degree plus 5 years of Progressive experience. The BS degree, however, must be obtained prior to the 5 years of progressive experience. The credentials evaluation submitted as evidence indicates the beneficiary possesse a BS degree.

Evidence submitted inidicates that the beneficiary obtained the BS degree in june 1996. The priority date of 10/10/2000 is less than 5 years from the procurement of the degree.

Please submit evidence demonstrating that the beneficiary\'s employment has advanced in complexity and responsiblity and that the beneficiary has also acquired an increased level of knowledge in order to perform those duties during the 5 years following the receipt of a BS degree.

I have put all that is there on NOTICE of ACTION.

Can I file it in EB-3 if I-140 is denied in EB-2 ??
 
How do we know that a reply to a REF was received by the INS?

Hi Daj, My company says they sent a reply to a RFE two weeks ago. How do I know that the INS received this? The AVM at VSC is not updated nor the company has received a ack letter from the INS. If any one knows the answer to this pls reply. Tks. Sri.
P.S. The RFE was for company financials.
 
milli what do say after reading My NOTICE OF ACTION ???

Do think I have a chance to file I-140 usingthe same labor?
Or do I need to start my Labor again?
How much time will it take for Labor clearance if I start at CA in Feb?
 
According to your RFE

you don\'t possess the job requirements mentioned in ETA750 be it EB2 or EB3. I don\'t know why they asked for additional evidence when it was clearly stated that you had only 4.5 yrs of experience after B.S. Ideally speaking if they deny you for EB2 they must also deny you for EB3. But with INS you never can predict what they look for. For ex. when I applied for my I140 under EB2 and EB3 simultaneously,I received two RFE\'s(one each for EB2 and EB3) for two different reasons. Ideally I should have received same RFE for both petitions. And more ironically one was denied and another was approved after responding to RFE\'s.

So like I said before, with EB3 there\'s more probability of getting approved(reason being like Gking pointed out).....go ahead and apply for EB3 confidently and work on applying for another labor as a back-up.....

I don\'t know the latest processing time for labor in CA. You can check it out at www.shusterman.com

Again, these are my own opinions and as always you must consult with a good lawyer before making your decision. It\'s very time consuming process so it doesn\'t hurt to spend few hundred dollars on consulting with a good immigration attorney. Believe me it\'s worth the money.
 
Does my case can be appealed under "March 20, 2000 Memorandum"

Hi Jim,

I got the denial letter from INS. The letter says that my degree was completed in 1996 and the priority date is sep 2000.
So the reason for denial was that I dont have 5 years of POST-baccaluarate experience.

But I have 5.5 years of experience before the present company who filed for my GC. But this experience is while I am doing my bachelors.

I have gone thru some of the points of the March 20, 2000 Memorandum, which says that The equivalent to master\'s degree may not be BS plus POST-BACCALUARATE experience.
Is it possible for me to appeal with this point?
 
The experience must definitely be post bachelor\'s

You\'re going to either have to refile the LC or use aone that is already approved and substitute in.

Jim

James d. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Does it harm if we appeal for the denial???

Can I appeal the denial and meanwhile apply for another LC?
Jim, what do u mean by already approved and substitute in?

Thank you.
 
Why do you insist on appealing?

Even with solid case I\'ve seen people re-applying rather than appealing.....Your case is comparatively weaker that has very less probability of getting overturned......
 
Here\'s the problem with an appeal

They take a LONG time. When DOL realizes they have a duplicate filing, they will ask which one you want to cancel (at least they should, sometimes they miss it and process both). You will have wasted lots of time, some money, and a tremendous amount of worry and stress, for something that will have no beneficial effect. Normally, appeals take about a year.

Face the fact that you are NOT qualified for an EB-2 and you are NOT qualified for the position as listed on the ETA-750 form. If you can find another ETA-750 that has been approved but has not been used, you can use that to file the I-140 if you met all of the qualifications stated on the ETA-750A form when it was filed.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
SARIL which center is yours \'

Saril, Any progress on your case ? Which center do you belong to ? Is it VSC ??
 
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