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Policy Memorandum on Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

12 years ago By Chief Editor

This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).

For more details on the memorandum please click the attachment


I-140 RFE – Progressive Experience

12 years ago By Chief Editor

How does one prove that five years’ experience gained while working for one employer, with one job title is progressively responsible in nature? 

That issue was key in a recent EB-2, I-140 petition. USCIS issued a Request For Evidence (RFE) alleging that although the employee had the requisite experience, he had failed to establish that his experience had grown progressively responsible after receipt of his Bachelor’s degree.

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Reversal on appeal of I-140 revocation

11 years ago By Rajiv S. Khanna

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Legality of “roving jobs,” consulting positions that require periodic relocation.

Status
Revocation of I-140 reversed

Profession/Occupation

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I-140 education issue

11 years ago By Rajiv S. Khanna

We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE.  USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees.   We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.

Status
I-140 approved

Profession/Occupation

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Seattle DO AOS Interview Experience

19 years ago By Chief Editor

I went for my interview, which went well. No surprises with a nice officer.

The common, have you ever questions...no no no no!

We were asked about the spouse's siblings,our honeymoon, when and how we met, how long we'd been dating before marriage, but nothing tricky.

Quite easy I would say.



The officer checked Id's, last taxreturn with W-2s, updated address (because we moved), marriage cert.

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Tampa AOS interviews

20 years ago By Chief Editor

Alright,  first off thank you to everyone that helped me out with what to bring!

We showed up with about 30 pounds of paperwork, photos, tax returns, wedding albums, cards.



Our appointment was at 1 pm, we arrived around 12:15. We got in the lineup, and waited. and waited and waited. (got a little warm considering it is still in the high 80s, 90s) At about 12:55 they let us in along with a swarm of other people coming in for the same thing (and some naturalization cases) We signed in, and waited right up at the door to be called.


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I-1551 Stamping

21 years ago By Chief Editor

As I got my approval/551 stamp this week, I thought it would be best to share some experience to help others; This may be applicable in Texas and

Atlanta, so read with caution and use accordingly.



Texas SC

485 rcpt date 2/2002

FP done 4/2003

Approved 5/2004



My online status never changed, except when approved (No change during FP etc). This may help some who are worried like me when online status never changed.


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Form I-140

16 years ago By Chief Editor

We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.

Status
We were able to show the USCIS that the beneficiary's agricultural degree was a Bachelors degree that had components relating to the degree requirements of the labor certification. We obtained the I-140 approval.

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I-140 RFE Based Upon Three Year Degree Issue

16 years ago By Chief Editor

We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.

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I-140 Denial Based Upon Three Year Degree Issue

16 years ago By Chief Editor

A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.

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