rustum
10-10 12:35 AM
Application reached Nebraska on 27th July. Collected by R williams.
Got receipts for 485, 765 adn 131 from California service center(WAC XXXX).
Received Date: 27th July.
Notice date: 28th Sep.
140 is pending at Nebraska. Applied on 25th May 2007.
Got receipts for 485, 765 adn 131 from California service center(WAC XXXX).
Received Date: 27th July.
Notice date: 28th Sep.
140 is pending at Nebraska. Applied on 25th May 2007.
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calboy78
01-09 12:47 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
learning01
05-24 02:28 PM
I think Quinn Gillespie will also opine on that and IV can take it from there.
Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
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RandyK
10-01 07:00 PM
What is the status of this bill ? Anyone?
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
more...
kumarc123
06-18 03:00 PM
Guys,
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
cagcwait
02-21 05:00 PM
Info posted by BerkeleyBee in a different thread. This should be in the Resources section..
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
more...
thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
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usdreams
05-25 02:01 PM
Hi kzinjuwadia,
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
more...
sundeep14
09-08 11:14 AM
On the website it says...
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
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pointlesswait
01-21 11:22 AM
it sounds like it came right out of his a$$
:p
This rumour sounds like its straight out of timesofindia :p;)
:p
This rumour sounds like its straight out of timesofindia :p;)
more...
eb3_nepa
10-02 12:33 PM
Hi,
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
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greencardvow
07-20 08:22 PM
Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site
more...
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pappu
04-27 09:38 AM
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
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whiteStallion
03-14 05:17 AM
Congratulations !!!
more...
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EB3_SEP04
08-27 05:33 PM
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.
If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.
If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.
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waiting_4_gc
07-27 03:30 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
more...
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smisachu
12-13 03:59 PM
Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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immi2006
08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
hairstyles Black Ops#39;s Playercard Editor
digmetalq
08-21 04:27 AM
Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.
ntpatil
04-27 09:27 AM
Thanks vhd999,
That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.
desigirl,
There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.
That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.
desigirl,
There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.
bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
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