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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • sai9999
    04-03 05:08 PM
    faxed for no 10 and 11





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  • sandy_anand
    11-10 11:49 AM
    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....

    If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.

    Immigration Voice Achievements

    1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
    2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
    3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
    4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.

    H.R.5882
    Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)

    H.R.5921
    Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)

    H.R.6039
    Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
    5. September 18, 2007
    1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
    2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
    3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
    4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
    5.
    6. July 2007 Visa bulletin reversal
    1. IV breaks the good news!
    2. Flower campaign

    i. USCIS takes note of the flower campaign

    ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage

    3. San Jose Rally

    i. Media coverage: Business Week

    3. CIR 2006: Manager's amendment
    1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
    2. The amendment was PASSED, although the bill itself did not survive
    4. Access to lawmakers
    1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
    2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
    5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
    6. IV Spokesperson invited to conference at top US University
    7. Only organization FOR high-skilled immigrants BY high skilled immigrants
    1. Most visited site by high-skilled immigrants in the
    2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:

    i. 1/2006: 60

    ii. 2/2006: 600

    iii. 7/2006: 4500

    iv. 1/2007: 7500

    v. 7/2007: 15000

    vi. 8/2007: 20000

    vii. 11/2007: 25000

    viii. 07/2008: 30000

    IX. 09/2009: 36,810





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  • casinoroyale
    06-19 12:05 PM
    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:

    http://www.uscis.gov/files/form/I-131instr.pdf (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.



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  • USDream2Dust
    04-09 12:38 PM
    Ok disclaimer first. I do work directly with employer and not a consultant.

    I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.

    There are some very very big consulting firms too and not to Mom and Pop Desi shops.

    I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's

    USDream2dust





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  • NNReddy
    09-19 08:11 PM
    My wife's case is moving back to TSC again from CSC. But I don't see anything on EAD and AP cases. May be they will be processed at CSC.



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  • mn1975
    05-13 04:39 PM
    there is something like fiancee visa, please search for more details on that
    thanks





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  • ashkam
    03-27 08:37 AM
    Man, this place just needs a reason to go all-out hysterical. Seriously, what is the problem with this regulation? Employment verification is just the DMV's way of finding out if the person is in legal status. You had to show this letter when you got your visa stamped didn't you? Similarly, American citizens have to show proof of citizenship while applying for a driver's license. These are good law-enforcement measures the govt is taking to prevent out of status immigrants from getting a driver's license.



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  • cinqsit
    09-16 08:35 PM
    Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D

    Was it a case of pure divine intervention ? If you think it was... can you tell us your secret .....

    just kidding ....

    congratulations and enjoy your life !!!! and hope you will come to the forums often and help your fellow iv ocd member group ;-) ( i belong to that group unfortunately)

    cinqsit





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  • navyug
    02-12 05:31 PM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....

    Keep all email correspondences....You can infact make him pay dearly for harasement...



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  • bobzibub
    12-27 01:13 PM
    I don't think 90k for someone with 7-8 years of experience is high in most parts of US. Market rate for IT professionals might have increased in people working with niche technologies. But in general, I see a down trend. And with more people in the job market in Jan 08 (with AC21), I can predict the rates heading south.

    Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
    So my glass is half full. :D





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  • DoggyStyle
    07-22 02:20 AM
    Thank you!!
    Sometimes paranoia gets the better of us.

    I have access to a lot of "extra" stuff, as you can tell from the blog. It has been a long and tiring fight, but someone has to do it.



    Ur blog is full of childish gossips from message boards, like 'extra', which are not useful for IVians.:(



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  • blacktongue
    11-10 03:01 PM
    waitingwaiting You can see current one. It is as good as new for EB3. There is no chance EB3 will current.

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 01JUN06 08MAY06 C C
    3rd 22JAN05 22NOV03 22JAN02 01MAY01 22JAN05





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  • chanduv23
    06-20 02:41 PM
    This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.

    Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.

    TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.

    485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.

    Lawyer needs money and employer needs prolongation.

    With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.

    This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.

    So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.

    These are priceless advices :D :D :D



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  • kumar_77
    02-20 06:29 PM
    47,000 applications pending .....Does this include all july filers too :rolleyes:





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  • vdlrao
    06-04 06:09 PM
    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead



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  • bheemi
    02-12 10:24 AM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....

    You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
    I did same thing 3 years back..and there was no issue at all...





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  • TomPlate
    02-28 11:37 AM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.





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  • akgind
    07-13 05:22 PM
    I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.

    I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?


    Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT





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    sangmami
    07-02 03:45 PM
    app 5500 dollars plus 10 yrs off my total lifespan thinking about this i guess:(



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