expeditegc
Registered Users (C)
I see denials almost every day at NSC. I don't see denials in other centers. Am I missing something?
Tracker for appeals/MTR
- Thread starter bcis
- Start date
gcstruggler
Registered Users (C)
RFE on my new I140
I got an RFE on my new I140. It says the following
This application is a duplicate on the original 140 petition. The service must either wait for the decision and return of the original petition in order to use the Form ETA 750 , or the petitioner withdraw of the original petition to AAO. The service must have the original Form ETA 750 and the orignial petition returned in order to make an informed decision on the new petition.
My lawyer suggest the following action.
1) Send this RFE to AAO and ask them to process the case quicker
2) Wait till last day to send the response.
Did anybody had similar experience? Can you guys suggests what best I can do now.
Thanks.
I got an RFE on my new I140. It says the following
This application is a duplicate on the original 140 petition. The service must either wait for the decision and return of the original petition in order to use the Form ETA 750 , or the petitioner withdraw of the original petition to AAO. The service must have the original Form ETA 750 and the orignial petition returned in order to make an informed decision on the new petition.
My lawyer suggest the following action.
1) Send this RFE to AAO and ask them to process the case quicker
2) Wait till last day to send the response.
Did anybody had similar experience? Can you guys suggests what best I can do now.
Thanks.
AAO Decisions
You can view the AAO decisions with full description at the following url:
http://uscis.gov/graphics/lawsregs/admindec3/b6/
You can view the AAO decisions with full description at the following url:
http://uscis.gov/graphics/lawsregs/admindec3/b6/
Tracker Update
Could everybody (including all oldies in here) please update this tracker.
If anyone is missing in here, they can update by following procedure below
1. copy the entire tracker contents (below) to notepad/word.
2. Please maintain the ascending date chronological order.
3. insert an new line by copy paste the content from previous line. Change the contents to meet your case details.
4. Post a reply and copy paste the entire contents from the notepad/word.
------------------------------------------------------------------------
User ------>Appeal_Dt>Reason-->Moved2AAU Dt>EBX->Current_Status
************************************************** ***********************************
*************************** Processed cases ************************************
Devotee----> NIW----->approx ---->03/06/05->EB2->NIW->Dismissed at AAO (VSC) 9/7/5
kamma ----->08/09/04->Ability2pay>08/19/04->EB2->Dismissed in AAO on 08/16/05
jprangi---->--------->Education-->06/28/04->EB2->Dismissed in AAO on 07/03/05
kclee60 --->09/05/03->Education-->03/11/04->EB3->Dismissed in AAO on 06/21/05
seabird---->01/01/04->Education-->07/XX/04->EB2->Approved in AAU on 11/24/04
member77 -->08/xx/04->a2p-------->XX/XX/XX->EB3->Approved in AAO -on 04/XX/05
*************************** PENDING CASES ************************************
parvardigar>07/14/04->ed&Abil2pay>08/03/04->EB3->Waiting-Case transfered to AAO
bcis ------>06/22/04->education-->08/24/04->EB3->Waiting-Case transfered to AAO
kkt_tkk --->06/14/04->education-->08/24/04->EB3->Waiting-Case transfered to AAO
shaisha2--->06/15/04->Education ->10/26/04->EB3->Case transfered to AAO (VSC)
LonelyPoet->06/25/04->Edu.A2P---->08/25/04->EB3->LUD 10/3/5 in AAO (NSC)
sarwarmd--->08/06/04->A2P--- ---->10/25/04->EB3->Case transfered to AAO (VSC)
expeditegc->01/15/04->education-->06/22/05->EB2->Case transferred to AAO
findgc----->11/15/04->experience->01/28/05->EB3->Case transferred to AAO
atulh------>05/24/04->A2P-------->10/24/04->EB3->trnfrd to AAO& back2 VSC&issued RFE 8/3/5
kans19 ---->04/27/04->lack ofdocs>08/05/04->EB3->we responded2ur request
marooti --->10/12/04->education ->12/06/04->EB3->Waiting-Case transfered to AAO
saigc2004 ->06/17/04->----------->XX/XX/XX->EB3->comp financial status
gcstruggler>04/28/05->education ->06/01/05->EB3->Case transfered to AAO(NSC)
lin04 ----->10/06/04->a2p ------->XX/XX/XX->EB3->Receipt information
*************************** MTR@Service Center ************************************
lc2003 ---->11/04/04->education-->NOTMoved->EB2->Approved in Motion Jan21,05
dazzling -->11/01/04->educati---->NotMoved->EB2->Approved MTR{ VSC }
pr2003----->01/13/05->Education-->NOTMoved->EB3->Approved 03/14/05,in Motion
Could everybody (including all oldies in here) please update this tracker.
If anyone is missing in here, they can update by following procedure below
1. copy the entire tracker contents (below) to notepad/word.
2. Please maintain the ascending date chronological order.
3. insert an new line by copy paste the content from previous line. Change the contents to meet your case details.
4. Post a reply and copy paste the entire contents from the notepad/word.
------------------------------------------------------------------------
User ------>Appeal_Dt>Reason-->Moved2AAU Dt>EBX->Current_Status
************************************************** ***********************************
*************************** Processed cases ************************************
Devotee----> NIW----->approx ---->03/06/05->EB2->NIW->Dismissed at AAO (VSC) 9/7/5
kamma ----->08/09/04->Ability2pay>08/19/04->EB2->Dismissed in AAO on 08/16/05
jprangi---->--------->Education-->06/28/04->EB2->Dismissed in AAO on 07/03/05
kclee60 --->09/05/03->Education-->03/11/04->EB3->Dismissed in AAO on 06/21/05
seabird---->01/01/04->Education-->07/XX/04->EB2->Approved in AAU on 11/24/04
member77 -->08/xx/04->a2p-------->XX/XX/XX->EB3->Approved in AAO -on 04/XX/05
*************************** PENDING CASES ************************************
parvardigar>07/14/04->ed&Abil2pay>08/03/04->EB3->Waiting-Case transfered to AAO
bcis ------>06/22/04->education-->08/24/04->EB3->Waiting-Case transfered to AAO
kkt_tkk --->06/14/04->education-->08/24/04->EB3->Waiting-Case transfered to AAO
shaisha2--->06/15/04->Education ->10/26/04->EB3->Case transfered to AAO (VSC)
LonelyPoet->06/25/04->Edu.A2P---->08/25/04->EB3->LUD 10/3/5 in AAO (NSC)
sarwarmd--->08/06/04->A2P--- ---->10/25/04->EB3->Case transfered to AAO (VSC)
expeditegc->01/15/04->education-->06/22/05->EB2->Case transferred to AAO
findgc----->11/15/04->experience->01/28/05->EB3->Case transferred to AAO
atulh------>05/24/04->A2P-------->10/24/04->EB3->trnfrd to AAO& back2 VSC&issued RFE 8/3/5
kans19 ---->04/27/04->lack ofdocs>08/05/04->EB3->we responded2ur request
marooti --->10/12/04->education ->12/06/04->EB3->Waiting-Case transfered to AAO
saigc2004 ->06/17/04->----------->XX/XX/XX->EB3->comp financial status
gcstruggler>04/28/05->education ->06/01/05->EB3->Case transfered to AAO(NSC)
lin04 ----->10/06/04->a2p ------->XX/XX/XX->EB3->Receipt information
*************************** MTR@Service Center ************************************
lc2003 ---->11/04/04->education-->NOTMoved->EB2->Approved in Motion Jan21,05
dazzling -->11/01/04->educati---->NotMoved->EB2->Approved MTR{ VSC }
pr2003----->01/13/05->Education-->NOTMoved->EB3->Approved 03/14/05,in Motion
There is no mening in waiting AAO decissions. just AAO will confirm NSC denail.
some success areas
if NSC denail then AAO will correct it on following areas
Masters degree who having 4 year BS in eb2
4 year BS single education in eb3
if you people NOT under above area then NO Need to wait for it.
Just you be the ABIMANUA in mahabharata of indian history.
some success areas
if NSC denail then AAO will correct it on following areas
Masters degree who having 4 year BS in eb2
4 year BS single education in eb3
if you people NOT under above area then NO Need to wait for it.
Just you be the ABIMANUA in mahabharata of indian history.
290b
still waiting.... No LUD, no Update..
A0001 you are correct. I don't know if it makes sense to apply for another labor unser RIR. Even then I might fail in later stage because now they will see previous two denials..
What are you guys doing as alternate plan..? Any ideas on starting a fresh start? Any recommendations.. I feel coming back on H1 after 1 year is a chance as my employer is really intrested in my work.
Wish you and your family happy, prosperous and GC approval year..
still waiting.... No LUD, no Update..
A0001 you are correct. I don't know if it makes sense to apply for another labor unser RIR. Even then I might fail in later stage because now they will see previous two denials..
What are you guys doing as alternate plan..? Any ideas on starting a fresh start? Any recommendations.. I feel coming back on H1 after 1 year is a chance as my employer is really intrested in my work.
Wish you and your family happy, prosperous and GC approval year..
Hello Gurus/ UNited Nation
I got RFE in I140. I have 3 years bachelors and one year diploma. MY LC (Not sub labor, it is my own) has following details:
Under 14th column
College degree required (specify) section: - Bachelors * (asterisk
mark is mentioned)
Under 15th column- Other special requirements: (started with this
mark) * Bachelor's may be substituted with three years of academic
studies towards Bachelor's degree plus three additional years of work
experience.
MY QUERY AS FOLLOWS:
2. The Service acknowledges the beneficiary’s educational credentials and the submitted educational evaluation. However, the submitted evidence is insufficient to demonstrate the beneficiary’s flulfillment of the educational requirements found within blocks 14 and 15 of the ETA-750, Part A. Specifically, Part 14 indicates the prospective employee must possess a US. Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or conunerce.
The verbiage Bachelor’s degree or equivalent” is interpreted by the Service to mean an U.S. Bachelor’s degree or a single-source, foreign degree that is equivalent to a U.S. baccalaureate degree. Unlike H-i B criterion, the aforementioned verbiage does NOT include a combination of education, training and experience that has been found to be equivalent to a US - baccalaureate degree
Please submit evidence that the beneficiary possesses, at a minimum, a United States Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or commerce, OR, a single-source, foreign degree that is equivalent to a United States baccalaureate degree.
will you guys advice me what to do? I appreciate your help.
I got RFE in I140. I have 3 years bachelors and one year diploma. MY LC (Not sub labor, it is my own) has following details:
Under 14th column
College degree required (specify) section: - Bachelors * (asterisk
mark is mentioned)
Under 15th column- Other special requirements: (started with this
mark) * Bachelor's may be substituted with three years of academic
studies towards Bachelor's degree plus three additional years of work
experience.
MY QUERY AS FOLLOWS:
2. The Service acknowledges the beneficiary’s educational credentials and the submitted educational evaluation. However, the submitted evidence is insufficient to demonstrate the beneficiary’s flulfillment of the educational requirements found within blocks 14 and 15 of the ETA-750, Part A. Specifically, Part 14 indicates the prospective employee must possess a US. Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or conunerce.
The verbiage Bachelor’s degree or equivalent” is interpreted by the Service to mean an U.S. Bachelor’s degree or a single-source, foreign degree that is equivalent to a U.S. baccalaureate degree. Unlike H-i B criterion, the aforementioned verbiage does NOT include a combination of education, training and experience that has been found to be equivalent to a US - baccalaureate degree
Please submit evidence that the beneficiary possesses, at a minimum, a United States Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or commerce, OR, a single-source, foreign degree that is equivalent to a United States baccalaureate degree.
will you guys advice me what to do? I appreciate your help.
case of bad luck and victim of dysfunctional service centers
Wanted to post my case as an fyi in this forum and also get feedback from expeditegc, un and other gurus:
I filed an appeal after 27 days after initial revocation of an approved 140 (revoked by uscis not employer when they were processing my 485. reason: educational) AAU rejected my appeal saying it was untimely filed and allowable time to file an appeal is 15 days, however they acknowledged that the service center had 33 days in the original notice which was wrong. The mistake in notice didn't however allow AAU to consider the appeal. AAU also mentioned that USCIS was not allowed to revoke 140 without serving an intent to revoke (in my case this was not done). They also mentioned untimely appeal can be treated as a motion to reopen and decision to treat it as a MTR rests with service center director.
My 140 LUD changed couple of times and finally it shows:
we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken. No change on 140 from then on, which makes me think:
1. is my 140 still pending or
2. was it rejected and the status never changed and i will never be notified.
Did anyone face this scenario? i called USCIs up and they wanted me to wait till 60 days before they can tell me anything.
Expeditegc, i know your appeal got rejected did your 140 status ever change or did you receive anything back from service center other than the AAU unit?
Wanted to post my case as an fyi in this forum and also get feedback from expeditegc, un and other gurus:
I filed an appeal after 27 days after initial revocation of an approved 140 (revoked by uscis not employer when they were processing my 485. reason: educational) AAU rejected my appeal saying it was untimely filed and allowable time to file an appeal is 15 days, however they acknowledged that the service center had 33 days in the original notice which was wrong. The mistake in notice didn't however allow AAU to consider the appeal. AAU also mentioned that USCIS was not allowed to revoke 140 without serving an intent to revoke (in my case this was not done). They also mentioned untimely appeal can be treated as a motion to reopen and decision to treat it as a MTR rests with service center director.
My 140 LUD changed couple of times and finally it shows:
we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken. No change on 140 from then on, which makes me think:
1. is my 140 still pending or
2. was it rejected and the status never changed and i will never be notified.
Did anyone face this scenario? i called USCIs up and they wanted me to wait till 60 days before they can tell me anything.
Expeditegc, i know your appeal got rejected did your 140 status ever change or did you receive anything back from service center other than the AAU unit?
Last edited by a moderator: