Tracker for appeals/MTR

Hello KUKUCHAKU

Thanks for your information.
It is clearly mentioned under 15th column as it can be sustituted. Following is 15 column wordings in my LC application.

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.

Please advice me following doubts.

1. I got this "bachelors" query along with other like tax returs of 2004. In this case shall I think that they added this bachelor query as extra though we mentioned good enovugh under 15th column of my LC. I have good tax returs and paystubs. Only worried about my 3 years bachelors.

2.I used evaluation credentials for 3years Bachelors and one year PD diploma. But in Column it is clearly mentioned. If attorney explains will officer accepts this?
3. In this form some body posted that "www.thedegreepeople.com" guys evaluate 3 years indian degree equal to 4 years US bachelors. If i do this will it help or make some more complications as I already submited previous evaluation.
4. If any of you gone through like this situation please advice me.

Thaks in advance for your advices.
 
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gc_mar_2004 said:
I got this news today my 140 which was approved in early 2001 was revoked because of 3 year degree. I don't understand, how can they revoke an approved 140. What happens to my 485, EAD, AP etc. will it be revoked too. My wife is in India, can she come back to US using AP. My lawyer is saying that the appeal process might take upto 2 years. I wonder whether it is worth the effort.
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Gc Pain said:
Thanks for your information.
It is clearly mentioned under 15th column as it can be sustituted. Following is 15 column wordings in my LC application.

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.

Please advice me following doubts.

1. I got this "bachelors" query along with other like tax returs of 2004. In this case shall I think that they added this bachelor query as extra though we mentioned good enovugh under 15th column of my LC. I have good tax returs and paystubs. Only worried about my 3 years bachelors.

2.I used evaluation credentials for 3years Bachelors and one year PD diploma. But in Column it is clearly mentioned. If attorney explains will officer accepts this?
3. In this form some body posted that "www.thedegreepeople.com" guys evaluate 3 years indian degree equal to 4 years US bachelors. If i do this will it help or make some more complications as I already submited previous evaluation.
4. If any of you gone through like this situation please advice me.

Thaks in advance for your advices.
Click to expand...


Hello GC Pain,

I am not an expert on this, however I expressed my best views. and i read on this forum somewhere else with same situation. The person did labor application exactly like you and got approved and he is in I 485 stage now. I personally feel that there is no way they can deny now because you have clearly put the requirement with 3 year degree. SO PLEASE TAKE VERY GOOD CARE IN answering your RFE. Consult with a good lawyer. The degree people evaluation is of not much use I think.. its for people like who don't have any other way to argue. They charge you for the evaluation for more than 900 buks.. its insane. There are rumors that people got approval based on it.. however I don't trust that.
SO take good call on this. Consult research etc.. and reply to RFE. if they still deny it then you can go for AAO. I beleive you will not have any problem if you provide other information asked in the RFE.
 
Chitra that is very sad. Sorry , that's really unfortunate.
Can you please provide more details on how your labor was done. where did you get your evaluation from? etc..

thanks
 
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Good luck.
 
Hello KUKUCHAKU

Thanks for your advice. Any way I talk to my attorney. she is preparing following draft with proof of attachments. Please read this advice me weather this is going to work or not?

"please note the attached transcripts from the AILA -BCIS Nebraska
Service Center Liaison indicating the following: "Our current policy for EB2
and EB3 cases is that where the labor certification requires a U.S.
bachelor's degree or its equivalent, we accept a U.S. bachelor's degree or a
single foreign degree that is the equivalent of a U.S. bachelor's degree.
Where the beneficiary seeks to qualify based on other combinations of
education or experience, the labor certification must specifically explain the
combination of education or education and experience that the employer
will accept as the equivalent of the bachelor's degree. As clearly
indicated in blocks 14 and 15 of the ETA 750, Part A, the beneficiary has satisfied this requirement. This is a draft. "
 
Sounds ok to me. I got a denial and I remember reading this in my denial notice. Yes it indeed said that if its given in ETA750 combination is accepted they will allow it. So I think your I-140 will get approved. Let me know if you want exact denial notice words.. I can email or fax it to you..

Thanks

Gc Pain said:
Thanks for your advice. Any way I talk to my attorney. she is preparing following draft with proof of attachments. Please read this advice me weather this is going to work or not?

"please note the attached transcripts from the AILA -BCIS Nebraska
Service Center Liaison indicating the following: "Our current policy for EB2
and EB3 cases is that where the labor certification requires a U.S.
bachelor's degree or its equivalent, we accept a U.S. bachelor's degree or a
single foreign degree that is the equivalent of a U.S. bachelor's degree.
Where the beneficiary seeks to qualify based on other combinations of
education or experience, the labor certification must specifically explain the
combination of education or education and experience that the employer
will accept as the equivalent of the bachelor's degree. As clearly
indicated in blocks 14 and 15 of the ETA 750, Part A, the beneficiary has satisfied this requirement. This is a draft. "
Click to expand...
:) :)
 
Hello KUKUCHAKU

Thanks for your interest and time. People like you give some ray of hope. Please fax (+626 605 2243) or email me at "njguy2u@yahoo.com". Once agian thanks for your advice. waiting for your email/fax.
 
Question on my EAD Renewal against my new 485!

I filed my 140,485/765 in Jan05 against a sub-labor.Mine is a 3 yr deg.To my misery, my 140 was denied after an RFE.My attorney had applied for MTR and the case was soon transferred to AAO in June 05.
I filed another 140,485 with 765 against a sub-labor that matched my experience.My 765 was rejected and the letter stated that I already have my 765(from my first filing as above).There was a query on my 140 and we responded in Nov05 and till date I havent received any info about the status!

Now my EAD(from my first case) is expiring in April 06.I would like to renew my EAD though using my new 485 notices that I filed as I very well know that my first case(AAO) might be denied.
Could you please let me know how to handle this situation of filing my new EAD against my new 485!

Appreciate your help!
 
kayjay said:
I filed my 140,485/765 in Jan05 against a sub-labor.Mine is a 3 yr deg.To my misery, my 140 was denied after an RFE.My attorney had applied for MTR and the case was soon transferred to AAO in June 05.
I filed another 140,485 with 765 against a sub-labor that matched my experience.My 765 was rejected and the letter stated that I already have my 765(from my first filing as above).There was a query on my 140 and we responded in Nov05 and till date I havent received any info about the status!

Now my EAD(from my first case) is expiring in April 06.I would like to renew my EAD though using my new 485 notices that I filed as I very well know that my first case(AAO) might be denied.
Could you please let me know how to handle this situation of filing my new EAD against my new 485!

Appreciate your help!
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==========
Hi Kayjay,

Did you get a I485 Rejection letter for the previous I140 ? If you did then whether you receive a letter or not, your EAD relate dto that I485 is automatically stands cancelled. If your I485 is not rejected then your EAD is still valid and you applied for your EAD through the 2nd I485 application too much in advance. Reapply it with a 60 days window and you should be approved.

If your previous I485 is rejected, then put in an inquiry in the same case and provide your I485 Rejection letter to INS, so that they know that your EAD is no longer valid.

I am not a lawyer, so consult with your lawyer, these are just my view.

Good Luck !!
 
Hi Atul
Thanks for your quick response.I didnt receive a separate mail stating that my 485 rejection letter.
I will file within 60 days from my original EAD date of expiration on my new 485.

Can I use my AP from my old 485 case as that was approved?

My attorney is not clearly stating any facts and hence this route!
Thanks much in advance!



atulh said:
==========
Hi Kayjay,

Did you get a I485 Rejection letter for the previous I140 ? If you did then whether you receive a letter or not, your EAD relate dto that I485 is automatically stands cancelled. If your I485 is not rejected then your EAD is still valid and you applied for your EAD through the 2nd I485 application too much in advance. Reapply it with a 60 days window and you should be approved.

If your previous I485 is rejected, then put in an inquiry in the same case and provide your I485 Rejection letter to INS, so that they know that your EAD is no longer valid.

I am not a lawyer, so consult with your lawyer, these are just my view.

Good Luck !!
Click to expand...
 
Hi Kayjay,

Whether you receive a separate mail or not, ur I-485 automatically stands cancelled when I-140 is denied as I-1485 is dependent on 140. So, dont get confused.
Leave alone your previous case.

for your 2nd case, send the denial letter (140) from 1st case, so that u can get the EAD and AP from ur 2nd case approved.
 
do you still need the fax. Its kind of I am cheking the forum after long time.. So let me know.

Thanks
Kuku

Gc Pain said:
Thanks for your interest and time. People like you give some ray of hope. Please fax (+626 605 2243) or email me at "njguy2u@yahoo.com". Once agian thanks for your advice. waiting for your email/fax.
Click to expand...
 
290 B Notice

Hi,

I got today message saying my 290b and I140 got transfered to AAO. How long it will take for decsion on this..?

Thanks
Santa
 
Hello kukuchaku

Please fax (+626 605 2243) or email me at "njguy2u@yahoo.com". Once agian thanks for your advice. waiting for your email/fax. By the way you posted something that your I140 is transfered. If I am not mistaken your I1450 is already cleared. Anything happened later? Please do not forget to email or fax to me. waiting for them.
 
kayjay said:
Hi Atul
Thanks for your quick response.I didnt receive a separate mail stating that my 485 rejection letter.
I will file within 60 days from my original EAD date of expiration on my new 485.

Can I use my AP from my old 485 case as that was approved?

My attorney is not clearly stating any facts and hence this route!
Thanks much in advance!
Click to expand...
=======
Hi Kayjay,

Don't ever do that mistake !!! With the I140 rejected, all your applications after that stand revoked even if they are approved.

You should pursue your second Application and leave the previous alone.

Good luck !!
 
kukuchaku said:
Hi,

I got today message saying my 290b and I140 got transfered to AAO. How long it will take for decsion on this..?

Thanks
Santa
Click to expand...

Hi Kukuchaku,

can you please let me know as to when u filed I290b and was sitting at NSC until it got transferred to AAO?

Appreciate your help.
 
I-140 Approved after MTR (question for EAD and AP)

I-140, I-485, I-765 (EAD), I-131 (AP) have been filed concurrently on 09/21/05. On 10/21/05, 140 denied and all the remaining applications got denied. I-290B application filed on 11/16/05. I-140 approved on 12/06 and the USCIS reopened the I-485 application. I received the Biometrics code-3 notice for I-485 and finished it on 01/05/2006. But they did not re-open the 765 and 131 applications. I called USCIS to inquire about the status of EAD and AP. They told me that these applications got denied and I need to re-apply again with all the application fees. Is this correct or the USCIS representative gave me the wrong information. Don’t they automatically re-open EAD and AP applications like they did I-485. Please suggest what should I do? Thank you in advance!!
 
Hi manmadh,

congratulations for I-140 approval. can you please give some more details of ur case.

1. on what basis was ur case (140) denied.
2. what did u apply it with that made 140 to be approved.

Request this info for the benefit of all the one's stuck in MTR/AAO or whatever...
 
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