Withdrawing I140 from one Service Center and re-filing at another
I got RFE from Nebraska Service Center based on educational background. Please see details on http://boards.immigration.com/showthread.php?threadid=119934&goto=newpost
I recently got a letter from my university saying that my 3yrs BCS degree with 104 credits plus 6 courses under MS program bearing 18 credit hrs (122 hrs total) "may be considered equivalent to 4-yr BS". I also got a letter supporting that from my employer. But my attorney says that most probably this won't work and the case will get denied (presumably even if we do education evaluation from credentials education evaluation saying that my over qualification is equivalent to 4yr BS). Thats probably because in ETA-750A (Alien employment certification), he just put 4yr BS (as 3yr BCS, 1yr MS candidate) and not BS or foriegn equivalence.
He has suggested the following:
* Refile a new labor plus
* To try to save already approved labor, withdraw the case from NSC and re-file it to CSC (California Service Center), since my company has a branch in that region.
According to him all 3 service centers (VSC, TSC, CSC) will approve my case, except for NSC. Is it true??
If this is true, then what do I have to do to re-file I-140 in CSC in terms of work location, address, taxes etc.??
I reside & work in a state under NSC region. My attorney says that it should not be a problem if, in I-140 form, we specify company's branch address in CSC region and a temporary residence address for me over there too. What do you think guys??
Also I've got the following questions in order for re-filing in different Service Center to work:
* Do I have to transfer my H-1B from current branch office in NSC region to the one in CSC region?
* Also could it cause any problem in H-1B extension since it is expiring soon?
* Don't I have to provide any proof of residence in the state in CSC region like tax return, utility bill or such if requested by INS?
* Don't I have to notify INS/USCIS (may be some other department) of additional address or something?
Suggestions??????? Please reply soon.
I got RFE from Nebraska Service Center based on educational background. Please see details on http://boards.immigration.com/showthread.php?threadid=119934&goto=newpost
I recently got a letter from my university saying that my 3yrs BCS degree with 104 credits plus 6 courses under MS program bearing 18 credit hrs (122 hrs total) "may be considered equivalent to 4-yr BS". I also got a letter supporting that from my employer. But my attorney says that most probably this won't work and the case will get denied (presumably even if we do education evaluation from credentials education evaluation saying that my over qualification is equivalent to 4yr BS). Thats probably because in ETA-750A (Alien employment certification), he just put 4yr BS (as 3yr BCS, 1yr MS candidate) and not BS or foriegn equivalence.
He has suggested the following:
* Refile a new labor plus
* To try to save already approved labor, withdraw the case from NSC and re-file it to CSC (California Service Center), since my company has a branch in that region.
According to him all 3 service centers (VSC, TSC, CSC) will approve my case, except for NSC. Is it true??
If this is true, then what do I have to do to re-file I-140 in CSC in terms of work location, address, taxes etc.??
I reside & work in a state under NSC region. My attorney says that it should not be a problem if, in I-140 form, we specify company's branch address in CSC region and a temporary residence address for me over there too. What do you think guys??
Also I've got the following questions in order for re-filing in different Service Center to work:
* Do I have to transfer my H-1B from current branch office in NSC region to the one in CSC region?
* Also could it cause any problem in H-1B extension since it is expiring soon?
* Don't I have to provide any proof of residence in the state in CSC region like tax return, utility bill or such if requested by INS?
* Don't I have to notify INS/USCIS (may be some other department) of additional address or something?
Suggestions??????? Please reply soon.
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depending upon your EBXXX category.