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  • Sheila Danzig
    02-25 01:52 PM
    I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.

    With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.

    The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).

    If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • eb3_nepa
    11-08 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    AP is sent to the lawyer if you filed the G328





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  • sathishkrish
    11-26 05:01 PM
    I don't think 15-20% drop in 5 years is speculative at least not in California. CNN Money actually predicts a 31% drop in prices in East Bay of SF Bay Area! This is probably the worst time to get into housing market, at least in CA.

    But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.

    So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?

    How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments) for many years - sigh of releif





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  • spicy_guy
    11-09 02:27 PM
    AP applied at: NSE.
    on: Sept 7th.
    mode of application: online + mail in all copies via good old USPS.
    Status on 11/09: Card production.

    No physical card yet, but so far so good.

    Wow! Yours is so quick. Did you expedite it?



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  • 485InDreams
    08-21 12:34 PM
    Guys...I found this blog in that site...This is one good example that employers watching the threads....so, wht may be the reason... never give the employer details...




    Hi,

    I was on Hib with EliteCareers and they had sposored by GC.
    It was very smooth sailing. They had everything down, very professional. Everytthing reltated to following up on time sheets, payroll, leave, etc was handeled very efficiently.
    When I had some problems with Blue Cross not passing a claim on the medical bill, I was able to get the benefits person in chanrge to talk to Blue Cross and resoolve it immediately.

    Jeri-Mc Fadden was the person with whom I mainly interacted. And she was always there to help, guide, and interface with the client. Most important, whatever terms I had discussed and agreed with her at the start, she was true to it all the time. Even when the company said, "oh, this is not company policy, we do not allow this". she stepped in and said, but for him, we had made an exception. Please proceed. That was very helpful.

    It was a totally stressless experience... not like other H1b experience I had where even if I had something in writing, I was never sure if the company would follow through.

    here, I knew, they would.

    For best reults, just make sure you have all agreements in writing... like when they will start your GC, who pays what. etc.

    So even if Jeri is no longer there, you have that in place. And the company is professional to follow through.


    Best part, my GC came through in 6 months of filing.... I-140 and 485 was a breeze.

    Just my experience....make sure, you go throughall situations and agree on who does what before, and then no issues. The company follows through. It is a well managed.

    - Biju





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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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  • sanbaj
    07-28 03:38 PM
    :rolleyes:

    SANBAJ, congrates finally your suffering in GCJourney came to an end!!!

    I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.

    She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.

    Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...

    First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
    Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07

    Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.

    Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)

    What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.

    Thoughts?
    THANKS !!!


    When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.

    Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.

    As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.

    Hope this helps.





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  • abracadabra
    07-07 06:16 PM
    On NBC



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  • jgh_res
    08-10 01:55 PM
    u wud have reported a LS guy to USCIS??????
    I think USCIS or DOL is the one which approves cases based on LS. They have a big database of people who used that....

    How many of the ppl who r disgusted by LS have contributed anything to IV or its cause, but are very happy to file their 485. Dude, nobody is a Mahatma Gandhi here....

    I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:





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  • sdeshpan
    11-26 06:03 PM
    Pappu,
    As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
    Thanks

    http://www.travel.state.gov/pdf/WaitingListItem.pdf

    I second this...



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  • Madhuri
    02-14 03:57 PM
    Hi, our first set of APs are expired and we never renewed since we did not plan to go out of the US. Now we need to apply for new AP, is it possible to apply online or since w eMUSt apply by mail since we don't have a valid AP at present.

    Anybody in similar situation? Can somebody PM the cover letter to me?

    Thanks,
    Madhuri





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  • BharatPremi
    11-06 12:07 PM
    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

    According to the lady officer all AP approvals were mailed to my home address and she verified my home address as well to make sure whether USCIS has sent them to appropriate address or not.



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  • psaxena
    06-01 12:39 PM
    I just mailed the opencongress.org on what do they do with the polling data. Is this is sent off to the lawmakers, or not.. Is there anyways that this polling data can be used to make our voices heard..

    Guys feel free to send an email to open congress asking this or any questions you have. The foundation group which backs this website, I see , do have some political background.





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  • pd_recapturing
    06-19 11:53 AM
    I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?

    Thanks
    Yes, I have similar question. Do we really need to send a letter. last time, I do not think that I sent a letter. Akhil, please let us know about EAD Vs H1B ?



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  • ritu_raj
    10-02 12:51 PM
    I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.





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  • tdasara
    01-31 02:23 PM
    Conversative estimate..

    if 100,000 of them file for 485 USCIS would get $90 million!!!



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  • tinku01
    02-19 12:57 PM
    rb3_napa you are absolutely right but as we all have been working together to resolve all these GC issues therefore it becomes necessary to consider everybodies problems in the group. As this goup was earlier started by all 485 filers then it's not a good sense to ask 485 releives although CP filers have also joined this group later.
    Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....

    Thanks





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  • kishdam
    02-16 09:14 AM
    Hi,
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam





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  • satishku_2000
    12-12 02:06 PM
    Can you calculate for september 2004 :)





    gc_on_demand
    06-10 04:06 PM
    Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.

    Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.

    hope that makes some thing clear to members..





    ganesha
    02-27 04:39 PM
    I do not know what you are trying to achieve by posting your story in a forum where we discuss legal immigration issues.



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