UN Please Advice

B

balajir74

Registered Users (C)
Hello UN,
I would like to ask your opinion on my case
Mine is CSC EB3
I have a 3 year degree(physics) from India and 1 year diploma(computers) from India.
According to my education evaluation it is equivalent to Bachelors in computer science(based on education and experience).
In my LC it is stated that they need Bachelors and two years programming experience.
I have experience certificates for two years experience(i guess that is not a problem).
My concern is will CSC deny my I140 because i have 3 year degree?
Will i get RFC?
What can i do if CSC deny my case or RFC?
Please advice
 
Balaji,
I will let UN give his expert opinion.
But I think you should look for other labor to substitute if possible.
 
Sorry to say this "Unitednations is correct".

I had the same issue.

I had same as yours, 3 year degree and a Two year diploma.

My ETA form HAD the word 'Equivalent'. Fortunately, my attorney replied to RFE very well and got it approved in 3 months.
 
Last edited by a moderator:
unitednations said:
where have you been? I thought your labor did say the word "equivalent".
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UN,

I have been a silent reader all these days.

You know what, you are right, my labor had that word. I am sorry. For some reason, I thought the other way. Thanks for correction this.

That word 'Equivalent' helped my attorney to fight this case.
 
unitednations said:
where have you been? I thought your labor did say the word "equivalent".
Click to expand...

Unitednation,

I am just waiting for my I-485 approval. I completed FP last month and CSC has crossed my RD. I don't know when I will get the approval.
 
unitednations said:
thanks for the update. you should call 18003755282 and ask for a case status update since your 485 is before the processing times.

One thing I have seen is that a few people in the california forums whose cases where prior to the processing times found that their name was stuck in the FBI name check process. If it is stuck there, it can take 6 to 18 months to get it cleared.
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UN,

Thanks for your advise.

My RD is 08/11 and CSC is currently processing 09/01. I hope I will get a positive answer within a couple of weeks. Also, I need to wait for JIT date to cross 30 days from my RD to initiate an inquiry.
 
UN,

Thanks for your wonderful posts. One thing which is not clear is when to conclude that the name check is pending.

Response I received was "Your application is pending review and additional system checks. You
will be
notified by mail once a decision has been made"... does this mean Name Check pending? If yes, I realize that I am stuck for next 6 months. But if not, what it could mean? My I140, 485 RD is July 9, 2004.

unitednations said:
thanks for the update. you should call 18003755282 and ask for a case status update since your 485 is before the processing times.

One thing I have seen is that a few people in the california forums whose cases where prior to the processing times found that their name was stuck in the FBI name check process. If it is stuck there, it can take 6 to 18 months to get it cleared.
Click to expand...
 
UN,

I got the "detailed review" response. I don't understand why they would have a problem deciding whether to approve/deny my application. So you're saying, it's not name-check related, but they need to look into other areas? What other areas are there? My 140 isn't approved yet, but coworkers with same degree/experience have gotten approved.

TIA.
 
Thanks UN.
I have less than a year on my H1 I will have to leave this country after a year.
I guess I don’t have an option right?
 
UN,
I don’t have any knowledge on immigration issue that is why I don’t understand some of the acronyms.
What do you mean by appealed 140's?
What do you mean by 485 get denied for admissibility issues?
If my I140 gets denied my 485 will also get denied since I have a valid H1 visa paper (not stamped on passport) till Mar 06 do I have to leave the country immediately?
Please Advice.
Thanks.
 
Inadmissability and Canadian PR

unitednations said:
If the 140 gets denied, you can appeal the decision.

admissability issues of 485; is due to health issues, criminal, terrorism, entering the country illegally, being out of status or working without authorization for more then six months.

If your case gets denied 140/485, since you have a valid I-94 card with h-1, then you can continue to stay here and work with the h-1 employer. The visa is only an issue if you had to leave the country and re-enter. You would have to get a visa stamp from u.s. consulate to re-enter usa. However, if you don't leave USA then you don'tneed the visa stamp.
Click to expand...

Un Please advise. If I obtain canadian PR, then apply for H1, given that I would try to reinstate ASAP in authorized stay, would it be possible to get stamp in Canada? Bz I did not "overstay" I "violate status" for the perpose of AOS only. Correct me if I am wrong
 
Inadmissability and Canadian PR

unitednations said:
If the 140 gets denied, you can appeal the decision.

admissability issues of 485; is due to health issues, criminal, terrorism, entering the country illegally, being out of status or working without authorization for more then six months.

If your case gets denied 140/485, since you have a valid I-94 card with h-1, then you can continue to stay here and work with the h-1 employer. The visa is only an issue if you had to leave the country and re-enter. You would have to get a visa stamp from u.s. consulate to re-enter usa. However, if you don't leave USA then you don'tneed the visa stamp.
Click to expand...

Un Please advise. If I obtain canadian PR, then apply for H1, given that I would try to reinstate ASAP in authorized stay, would it be possible to get stamp in Canada? Bz I did not "overstay" I "violated status" for the purpose of AOS only. Correct me if I am wrong
 
"Equivalent" VS "Related"

unitednations said:
you will have a problem.

california has gotten pretty tough with this. they will accept combination of degrees/diplomas to get to u.s. bachelors equivalent if the labor cert specifically says bachelors or equivalent. Absent this wording they probably will send an rfe/denial.

I've seen many of these cases on the boards.

Nebraska would definitely deny as even if the labor requirement said bachelors or equivalent, they go one stop further and state that "equivalent" has to be defined in box 15 of the labor to say "combination of education and/or work experience to get to u.s. bachelors will be accepted".
Click to expand...

UN,

Is there any difference in the way USICS(CSC in my case) looks at the Equivalent Vs Related for education Issues?

Thanks for sharing your valuable inputs with this forum,

-ds200
 
Question about "detailed review" of I140

I posted this message on other forum, and just noticed the ppl here are discussing the same topic. Could UN, please, help me on the following questions? Thanks.

This is what the lawyer emailed me today.
---------------------------------------------
We received the below response from CSC:

“Your application is pending review and additional system checks. You will be notified by mail once a decision has been made.
Thank you.”

Since your I-140 is a substitution case, they may be waiting for the original approved labor certification from the Consulate which is why it is taking a bit longer.
---------------------------------------------

EB3 Substitution, Semi-concurrent
I140 ND:06/01/04 LUD:03/15/05
I485 ND:07/21/04 LUD:10/27/04

I'm with master degree (obtained in US), the salary is almost double the wage amount stated in this EB3 labor. What's the chance of my I140 get rejected? Instead of waiting patiently, is there anything I could do to speed up this review? when could I inquiry again if I don't get any updates?

Thanks again,
gcwww
 
UN,
My attorney told me that CSC has questioned my education qualification compared to Labor.
Previous my Education evaluation was based on education and experience.
Attorney is suggesting that they will do a new Education evaluation with only my degree and submit to CSC.
UN based on your experience will this work or we are just waisting time?
What are my options?
Please Advice.
Thanks.
 
UN, thank you very much for your reply.

Hopefully, the lawyer put the original labor paper into the 140 package.
I will cross my fingers and wait...


unitednations said:
gcww,

if your issue is that you didn't file with original labor then you are in for a long wait. They will attempt to locate original labor to determine if anyone else has filed 140 on it. If someone else has then they will locate that person's file. If that person's file is at the consulate then you will be waiting for a verylong time. There is one person who has been waiting for two years for this.

if the labor hasn't been used but you don't have the original labor then uscis will look at all filings your company has done to see if that labor has been used. Once they determine thatit has been lost then they will request it from DOL.

Bottom line is thatif you don't have the original labor, it adds on considerable time to the processing.
Click to expand...
 
I think based on your statement i dont stand a chance since my labor doesnt say Bachelor or equivalent it says only Bachelors and my education evaluation will be based on my Degree and Diploma.
UN do you think i have stated is right?
Thanks for your advice.
 
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