SCARED..THIS IS WHAT I HEARD from my Lawyer..Please HELP

yes, rajudm i am tired too of this knowledge-less few lawyers & head hunter companies..who consider filling themselves without justifying for sure ..candidate aslo geeting help though....

i don't know ..i think to SUE this lawyer for wasting my time ..

you know what this lawyer also stated that..."INS sends those RFE simply...let us take it easy..
you qualify i-140..."

i don't know other options to go with...

at this stage any one know of any EXCELLENT/EXPERT lawyer who can deal
with re-consideration of DENIED I-140 "having civil engineering degree related
to comp. sc."
 
Hi Raju... Did you get your RFE yet ?

My Lawyer received the RFE yesterday ..
She says USCIS has asked for my Education Evaluation. Thats all they asked for ...She has already sent out my degree certs (mechanical) to get evaluated.
They didnt ask for transcripts or degree certs .
NVC

My Labor states : Engg. Degree or equivalant
2 yrs exp in computer related field

So I guess USCIS just wants to verify that my 4 yrs Engg Degree from Mumbai UNiv is euivalent to 4 yrs of US BS degree.
Cant do much but just hope that my degree eval satisfy USCIS and 140 gets approved.
NVC
 
NVC-- here is the details of my RFE

My RFE was issued on April 19th and we received it on April 25th.

It is saying that the beneficiary cannot be approved in EB2 because the advertisement wording and labor was for EB3. The officer suggests us to change the category from EB2 to EB3. They have provided space for doing that. I don't think there is any issue with my academic degrees.

Another one is the company's ability to pay for which they are asking for 2001 and 2002 tax return or audited financial statements. And if it is a sole propreiter, individual tax return 1040.

The company now has provided all the papers and also their personal assets to prove it. We are changing the category from EB2 to EB3. Let me see what happens (4 to 5 weeks from now).
 
parvardigar said:
Hi Guys,
I've been anxiously waiting for my cousines approval. They had receiced RFE in October 2003 and RFE response was received by USCIS on 12/3 and 12/9 respectively. It is a EB2 from VSC with CP option form Mumbai. My cosines are currently working in India. It's almost six months but we have not received any news on I140. My lawyers called INS twice and each time they asked to call back in a month. Meanwhile, my lawayer spoke with his AILA rep. and this is what I heard:
=========================================================
"got off the phone with my AILA rep at 5pm today. He indicated that due to
the recent Memo from USCIS, they are summarily denying I-140's for lack of
sufficient evidence. We have indication that we might not have good news.
He said he thought our filings may get denied along with the 30 others he
saw. If it is denied, there are several options that we can discuss. Let's
wait for the correspondence. Don't get too worried, we'll figure out a game
plan. Remember if his info is correct on our filings, this will be a new
territory for us, since we have not had a denial to date. I will pool
together all resources to move forward. Let's wait."
========================================================
Atulh, or any of you out there are ware of this? Is this true? I hope it's false. Would you please share your thoughts or experience as I'm VERY VERY worried.
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=============
Hi,

Had been busy getting my things in line and did not see you r message.

My I140 had been denied long time back somewhere in Dec 2003. They just maybe forgot to send me a denial letter. When I went for ny Interim EAD, the officer stated thaton his database he has denial and hence cannot issue the Interim EAD. We then got the letter in mail . Maybe my Interim EAD triggered off the the letter to be sent.

My online messages still say that the I140 / I1485/ I765 and in process and will let you know when a decesion is made.

My employer has apprealed on this monday - 5/24. The denial was on the basis that My company cannot pay the proffered wages, whihc is bull shit because, though my company is showing losses, they are paying me the salary and in fact it is more than what they have quoted on teh labor.

My lawyer was bull, he took the RFE very lightly . In fact in the RFE it says that prove with the employers Financila Tax returens along with Beneficiary W2 and the Beneficiary Tax Returns. My lawyer did not give me a copy of RFE and just asked for w2 and my employer Tax Returns.

When my employer say the RFE copy subsequently he says that W2 is issued by the employer and it is not a Government Document, whiel Tax returns are. If my Lawyer woudl ahve given my Tax Returns we may have been approved by now.

We are goingt o use my Tax Returns and other Financial documents ot work this case.
 
Hi Atulh,
I'm sorry to hear about your case. As you can see the details about my cousines in this thread, I'm shit scared about what my lawyer said. I hope he got the wrong information from AILA rep. Their online status has not changed(saying when RFE response was received). Please keep in touch as we're also planning to appeal if denied. I'll send you a private message and give you my email id.

Regards,
 
NVC: Did you have a US masters? Did you file under EB2 or Eb3?

NVC said:
So I guess USCIS just wants to verify that my 4 yrs Engg Degree from Mumbai UNiv is euivalent to 4 yrs of US BS degree.
Cant do much but just hope that my degree eval satisfy USCIS and 140 gets approved.
NVC
Click to expand...
 
Raju,

Does this mean that you have to refile under EB3, or are you saying that the adjudicator is letting you change the category on the fly?

Thanks.

rajudm said:
My RFE was issued on April 19th and we received it on April 25th.

It is saying that the beneficiary cannot be approved in EB2 because the advertisement wording and labor was for EB3. The officer suggests us to change the category from EB2 to EB3. They have provided space for doing that. I don't think there is any issue with my academic degrees.
Click to expand...
 
PhillyKP said:
Raju,

Does this mean that you have to refile under EB3, or are you saying that the adjudicator is letting you change the category on the fly?

Thanks.
Click to expand...
Category can be changed at any time. Even at the time of filing I-140. If the Labor is EB2 you are allowed file in EB3 using an EB2 labor. This worked for two of my friends who had 3 years commerce degree and MCA. Sheela Murthy decided to go for EB3 although they EB2 approved labor
 
Thanks for your response.

However, my question was whether he would have to refile for the 140 with a new RD/ND, or will he be allowed to change the category on the application which generated the RFE and this currently being adjudicated?

Thx.
tammy2 said:
Category can be changed at any time. Even at the time of filing I-140. If the Labor is EB2 you are allowed file in EB3 using an EB2 labor. This worked for two of my friends who had 3 years commerce degree and MCA. Sheela Murthy decided to go for EB3 although they EB2 approved labor
Click to expand...
 
Usually people do that while giving reply to RFE. Some time officer gives you the option to change category like in above mentioned case.
 
tammy2, inPhilly

Yes the adjudicator has given the option for changing to EB3. I am not refiling...but responding to the RFE which at the same time changes the category to EB3.

I don't know what else will come out of this exercise.
 
Thanks for the clarification. Good luck with everything. Keep posting updates to your case.

I'm likely to be in a similar situation soon, I guess (ND 07/10/2003, MS Civil Engg (US degree), consulting position, EB2, RIR, no updates yet). :mad:

K
rajudm said:
Yes the adjudicator has given the option for changing to EB3. I am not refiling...but responding to the RFE which at the same time changes the category to EB3.

I don't know what else will come out of this exercise.
Click to expand...
 
unitednations said:
That's a little odd that it took the uscis so long to send the denial letter. What was the date on the letter., ie., back in December 03 or recently. The reason I say this is that one only has 30 days to appeal denial.

Not to scare you but I have seen a post where an iio denied under ability to pay because the company had occurred severe losses and in the iio's judgment the company would not have the ability to pay in the future. Not sure where the uscis gets off in making future predictions. Based on the current guidance on ability to pay that officer should not have denied it for this reason (they could check again in 485 stage to see if salary is still equal to or greater then the proferred wage).
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===============

Nope the Letter Date was May 12th 2004, the day we had been to Boston Ins for the Interim EAD.
 
rajudm said:
Yes the adjudicator has given the option for changing to EB3. I am not refiling...but responding to the RFE which at the same time changes the category to EB3.

I don't know what else will come out of this exercise.
Click to expand...

From earlier observations i can say that usually the adjudicator gives this change of category option only if he is ready to approve if you agree for that. Since you have agreed for that there should not be any issue with your educational qualification.
 
tammy2

I hope your word comes true. There is another issue here..'ability to pay' which is tough one.

I made a terrible mistake when labor was filed. I didn't join the sponsoring company on H1. If I had been on their payroll then my approval would have been straight forward. In hind sight the vision is always 20/20.
 
Hi Philly

PhillyKP said:
NVC: Did you have a US masters? Did you file under EB2 or Eb3?
Click to expand...
My Employer filed in EB3 ( back then he thought EB3 is slower than EB2 so he can suck my blood for a longer time ) ...
Nope .. Its EB3.
NVC
 
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