Tracker for appeals/MTR

Guys, what does this mean? My LUD and message changed today for I290B and 140 which were at AAO for a long time...

"On November 6, 2007, the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision"
 
Hi GURUS,
I just got response from my lawer. according to him getting EB-2 approvals with a labor of Associates degree is very difficult . He suggesets we file an amended I140 for EB-3 ,.
The other oprion is to withdaw this 140 and file the new one but then I lose my 485 filing. Can you guys suggest which way I should go ?
I guess I still had to live through this nightmare.

here are details about my Labor

13. says about the job software engineering jobs, platoforms and technologies
14. edu BS or equivalent GRADE,hIGH SCHOOL AND COLLEGE checked
Train N/A
EXP 5 years in bothJob offered and related occupation
15 employer will accept associates degree and 7 years of progressivf exp in liue of Bachelor with 5 year exp
 
MTR me

Folks,

I am in the same boat as many in this thread. I think this forum is a good idea and as I can see there are very helpful people here. If you are in similar situation as mine, please let me know. With respect to my case, I would appreciate if anyone can answer these questions to me.
1. How long does AAO takes to solve this case?
2. What are the chances AAO overrules and approve my case?
3. Can I file another I-140 application with a copy of my labor? If so what the risks? Has anyone done this with success?


My case was denied on the basis of education qualifications. Here is my case detail.

EB3 labor applied in 2002 and approved in January 2002
I-140 Premium process: June 2007
I-140 Denial: June 2007 (Reason: Educational Qualifications)
I-140 MTR (I-290B) appeal: July 2007 (in progress)

About me:
I have 3 year B.Sc., Physics degree from India with some certificates in DBMS.

In my labor certification:
Column 14 :
Education
Grade School = Blank
High School =Blank
College="X"
College Degree Required: "BS or foreign equivalent"

Training
No Years=Blank
No Mos=Blank
Type of Training=Blank
column 15:
Will accept BA/BS degrees in physical sci, such as math, physics, electrical or electronic eng, compeng & comp sci.

I-140 Petiion type: Option selected:e, ie., "a skilled worker or professional"

In denial letter:
They assumed that I have Bachelors degree in commerce and expalained that does not match my LC.
Also they mentioned that my degree is not 4 year equivalent of BS degree in US.

In my appeal:
-We asked USCIS to evaluate our application as a skilled worker.
-We pointed out the "X" in college degree column indicating our intention to accept any years of college education.
-Indicated that I have a Bachelors degree in physics and not in commerce.


Thank you for taking time to read my case and good luck to you all.
 
I-290B Update got today ,

Hi Folks,
Got 290b message today. Waiting for the physical document and will update you once I have it. I am in India currently. 290 B Message-
Receipt Number: LIN

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status: We mailed you a notice requesting additional evidence.

On November 19, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
 
My LUD changes stopped after 11/14. did not hear anything yet. will update you as soon as i hear anything....
 
I talked to two attorneys about filing new I-140 while old one is under appeal.
One attorney said that I will need to withdraw old I-140 (and therefore I-485 also).
Other attorney said I can file new one and in case new one gets approved, send to CIS approved I-140 with a copy of I-485 receipt and request to be substituted for the I-140 initially submitted.
Which one is correct? They both are excellent attorneys.
 
Received 290B RFE

HI Folks,

I received today 290B RFE requesting more evidence on educational qualification or two years of experience, and mark sheets. RFE is 7 pages long. I have bachelors degree (Bsc physics, mathematics and electronics and MBA marketing) They want proof of equivalence.

I am going to reply to this RFE very soon. I have educational evaluation from more than 3 places including Danzing's evaluations.

Please send me any information if you know on how to reply to this rfe?

Thanks
 
Rfe

kukuchaku said:
HI Folks,

I received today 290B RFE requesting more evidence on educational qualification or two years of experience, and mark sheets. RFE is 7 pages long. I have bachelors degree (Bsc physics, mathematics and electronics and MBA marketing) They want proof of equivalence.

I am going to reply to this RFE very soon. I have educational evaluation from more than 3 places including Danzing's evaluations.

Please send me any information if you know on how to reply to this rfe?

Thanks
Click to expand...

If you have three evaluations be sure that they are the same - if one combines and one does not or if one shows 120 credits and one shows 121 credits it can be trouble. I will be happy to review the other two if you like.
 
RFE on AAO 290B case

Sheila R Danzig said:
If you have three evaluations be sure that they are the same - if one combines and one does not or if one shows 120 credits and one shows 121 credits it can be trouble. I will be happy to review the other two if you like.
Click to expand...

Yes you are correct. I am using evaluations that are done differently. Both are done using combination of degree and Experience yours is using only degree.

One thing good is I am in India right now, and getting the actual hours I studied in the college. This way I can show them the length on study conducted was more than what required.

Thanks for your offer for help on reviewing the other two. However that can not be changed now, and no use of checking it now.
 
Rfe

kukuchaku said:
Yes you are correct. I am using evaluations that are done differently. Both are done using combination of degree and Experience yours is using only degree.

One thing good is I am in India right now, and getting the actual hours I studied in the college. This way I can show them the length on study conducted was more than what required.

Thanks for your offer for help on reviewing the other two. However that can not be changed now, and no use of checking it now.
Click to expand...

But you do not need to submit the ones that combine. Having the actual hours is excellent email me so we can discuss what you can best do with them. sheila at danzig dot com
 
dryheat said:
I talked to two attorneys about filing new I-140 while old one is under appeal.
One attorney said that I will need to withdraw old I-140 (and therefore I-485 also).
Other attorney said I can file new one and in case new one gets approved, send to CIS approved I-140 with a copy of I-485 receipt and request to be substituted for the I-140 initially submitted.
Which one is correct? They both are excellent attorneys.
Click to expand...

IMO, 2nd one is correct. You can file another 140 without withdrawing the one in appeal.
 
Degree Hours

Sheila R Danzig said:
But you do not need to submit the ones that combine. Having the actual hours is excellent email me so we can discuss what you can best do with them. sheila at danzig dot com
Click to expand...

Sure I will scan the documents and send it to you.. Thanks for your help. It has more than 50 pages and will have to scan all of it.
 
AAO Approval

Bunny1- your decision per your post came in Nov 6 2007. Your attorney would have received a copy of the same from AAO. Which will tell u whether your appeal was sustained or not.

I am in the same boat:
I140 denied (EB3- 3year degree NSC) in Sep 2004
I290B filed in Oct 2004
Case transferred to AAO Feb 2005
Case transfered to NSC from AAO 12/26/2007 per web site
The copy of decision approving the case received by Attorney Dec 31, 2007
I290B and I140 status changed to AAO decison received on Jan 3, 2008

Waiting for further action
 
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