Tracker for appeals/MTR

family based I-485 denied aug 2005/h1-b approved july 05

*I filed a marriage based I-485 in Dec 2003.
*1st FP was Jan. 2004.
*1st approved EAD April. 2004.
*2nd approved EAD Sept. 2004.
*Interview was Dec. 2004.
*USCIS claimes that they sent a Notice of intent to deny in May 2005. Never received such a notice. They can't even provide me with a copy of the notice.
*H1-B petition was approved JUly 2005.
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005.
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005.
*attended 2nd FP Aug 22, 2005.
*filed MTR Sept 2005.
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though.

My questions are:

1. do you guys think that I should file a new I-485? bcos God only knows when my case will be reopened. I have already been out of work for 1.5 mths.

2. how long does a decision on MTR take? I am completely lost on this matter.

3. Most importantly, can I continue to work based on my H1-B approval since my I-485 was denied? I spoke with an IIO and she informed me that I can continue working based on the H1-B.

I would truly appreciate any help anyone could render.
 
Success for 3 year Degree holders

from THE OH LAW FIRM..............

Service Center Denials of Combination of Two Foreign Degrees as Equivalent U.S. Bachelor's Degree and Court Challenge

Lately the Service Centers have growingly shown a hawky attitude denying I-140 petitions when the labor certification required a bachelor's degree and the alien beneficiary could meet only by either two academic degrees or equivalent education. Most typically, it involves an Indian professional who attained a Bachelor of Science degree (3-year degree) and a post-graduate diploma or degree (1 or 2-years). The foreign credential evaluators have been issuing an authoritative evaluation that these academic prepreation is equivalent to a bachelor's degree (4-year degree) in the United States. In the past, people did not have any problem in obtaining I-140 approval on such foreign credential evaluation. In fact, such standard was supported by the USCIS Business Division Chief, Efferen Hernandez, who had opined that such combination of two progress educational degrees met the legal standard for the bachelor's degree requirement. However, the Nebraska Service Center started challenging such interpretation of the regulation, and defying the opinion of the USCIS high-ranking official, started denying such I-140 petitions. Worse yet, lately this disease started spreading to other Service Centers and the number of denials started growing all over the country.


Now, we have a positive news. The federal district court in the State of Oregon in Grace Korean United Methodist Church vs. Michael Chertoff, Case Number 04-1849, (Oregon District, November 3, 2005) disagreed with the USCIS position on the interpretation of "equivalent" in educational requirement in the labor certification application and has just struck down the USCIS view. The details have yet to be released, but we are lucky that the court has blocked the opening of flood gate in this important issue. This site will report the details as soon as this reporter obtains a copy of this decision. Please stay tuned to this website.
 
It appears that the combined education used for the H1 visa will be accepted for the I-140 as well. However, I am an evaluator, not a lawyer. We will all wait for confirmation of this excellent news.
-Sheila Danzig
Career Consulting International
www.TheDegreePeople.com
 
Guys,

Whats the normal timeframe for the 140 appeal's respone from NSC before it goes to AAO?

Mine was received by NSC on Oct 24th and no response yet!
 
Hi Satyam,

thanks for the info. mine has past 3 weeks. how do u know if one's case has been transferred to AAO or not? will the LUD or message change or something else? for I290b or 140??

btw, what was ur denial based upon?

Thanks.
 
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
 
Combinaton not for-sure with I140

Sheila Danzig said:
It appears that the combined education used for the H1 visa will be accepted for the I-140 as well. However, I am an evaluator, not a lawyer. We will all wait for confirmation of this excellent news.
-Sheila Danzig
Career Consulting International
www.TheDegreePeople.com
Click to expand...


Not yet. See:

• Those whose I-140 was denied on this issue of a single bachelor's degree requirement are likely to file a motion to reopen the denial of their prior cases based on this Oregon federal district court decision. The question is how much the USCIS will be bound by this court decision. There are two potential issues to win in such a motion to reopen proceeding. One potential issue is the potential USCIS argument that the decision of the case is narrow and applies only to a similar situation in the State of Oregon. More troublesome is the fact that this case will not be reported in the Court Reporter, indicating that it will not have a "precedent" force. Accordingly, those who intend to file a motion to reopen or who will face denial of I-140 petitions on this issue in the future because of the Service Center's decision to defy the court decision in Oregon are likely to face further struggle unless the USCIS voluntarily decides to follow the Oregon federal court decision. Otherwise, it is anticipated that this issue will have to be litigated again in the future cases. We urge the AILA to work with the USCIS HQ in Washington to encourage the USCIS leadership, particularly Mr. Robert Divine, Acting Deputy Director, to adopt the Oregon decision as the USCIS' new policy.
 
Hi bunny01,

The both (LUD & Message will change) for I-140 & I-290B as "On XXX XX, XXXX, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case.

My denial was based on Ability to Pay.
 
My case transferred to AAO in April. Today LUD changed for I140 and I290B. What's going on? Is it good or bad? NSC is torturing me. :mad:
 
Hope for best you may receive Decision another 2 -3 days.

I believe yours is Combo education...Am I right? Just post more on case and How u appeal focused.


From AILA

District Court Rejects USCIS Arguments on EB-3 Equivalency


expeditegc said:
My case transferred to AAO in April. Today LUD changed for I140 and I290B. What's going on? Is it good or bad? NSC is torturing me. :mad:
Click to expand...
 
Last edited by a moderator:
is this good or bad for us?? i mean Education combo cases from what i read about the dist. court Vs USCIS...
 
My I140 LUD changed yet again today. I'm worried.
LUD Change 11/15/05
LUD Change 11/16/05
??

A0001, you are right. Mine denied on a Education Combo issue. :mad:
 
Just an update.... NO LUD CHANGE TODAY :mad:

LUD Change 11/15/05
LUD Change 11/16/05
LUD No Change on 11/17/05

Should I wait another day? I'm hoping for a good news. Waiting since January 2004.
 
enquiry your attorney office. they shoul receive AAU decision copy before end of the week.

expeditegc said:
Just an update.... NO LUD CHANGE TODAY :mad:

LUD Change 11/15/05
LUD Change 11/16/05
LUD No Change on 11/17/05

Should I wait another day? I'm hoping for a good news. Waiting since January 2004.
Click to expand...
 
expeditegc,
I saw in some posting that you have filed a new I140. Was your LUD on the new one or the old one? What about on 290B?
I also filed a new 140. I had a LUD on the new 140 for the last 2 days and nothing today sofar and there was no change on the status.

Thanks.

expeditegc said:
Just an update.... NO LUD CHANGE TODAY :mad:

LUD Change 11/15/05
LUD Change 11/16/05
LUD No Change on 11/17/05

Should I wait another day? I'm hoping for a good news. Waiting since January 2004.
Click to expand...
 
combination degrees

A0001 said:
Hope for best you may receive Decision another 2 -3 days.

I believe yours is Combo education...Am I right? Just post more on case and How u appeal focused.
Click to expand...

The lawyers are telling me that the combination of education cannot be used and that the case was not a precedent setting so it will depend on how USCIS handles it. For now, the lawyers are telling me they want the evlauations that show the 3-year degree as equal to a US 4-year even though it is more complex and therefore more expensive. They can't use the case so until there is more out there than just this, no one seems comfortable without the single source evaluation. I would love to hear from some lawyers on this board with their opinions.
-Sheila Danzig
1.800.771.4723
 
sorry to hear that. hope u already have back up plans. btw, how did u appeal? did u appeal showing just ur 3 yr deg equi to 4 yr US degree or used edu + others?

ur response is greatly appreciated as i am in the same boat...
 
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