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.
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.
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.
I got my medicals done in Chennai in early November, thought I would post my experience while it is still fresh in my memory.Note that I am not a Chennai resident - I reached Chennai at 6AM on the test day, and had booked my return the same night. I wanted to finish both the lab and the checkup the same day.
A)Procedure at Lister
Interview Date: Feb 2009
Consulate: Chennai, India
Jan 28, 2009: Called panel doctor Vijayalakshmi and fixed an appointment for Jan 31st, 11 AM.
30th Jan 2009:
Reached Lister Labs at 6:30 AM and no one was there. Security opened the gate and gave us the first token. We were out by 8:30 AM. Collected Sealed envelope at 4:30 PM. X-Ray, blood test cost: Rs 810.
31st Jan 2009:
At last it is over - the wait and agony of many years!
First, I want to thank this spectacular group and everyone who have shared their views and ideas... this forum has been a great asset for everyone appearing for CP.
Last stage of my Green Card experience went through a tough ride and we saw a lots of tipsy turvy roads.
Here is my journey of the GC:
Mar 2003 - Applied for labour.
May 2006 - Applied for I-140.
June 2006 - I-140 got approved.
November 2006 - Applied for CP
Hello All,
Heres my experience on the CP
Flew to India on June 12th (Interview Date June 26th) Since you have to submit documents to VFS 7 working days prior to Interview.
Flew Virgin Atlantic ti Mumbai and went straight to VFS from the Airport. They are open from 8.00am - 12.00 and 1.00pm - 3.00pm
Documents Submited to VFS
- Copy of the first, second, last page of the current passport, copy of all us visa's in the current passport.
There is no need for old passports and copies of all pages.
Hello,
I finally received my Green Card yesterday. My wife got hers 2 weeks ago. Here are the filing dates.
I-140 (EB1) filed in July 2006 (Approved in 2 weeks)
I-485 sent to NVC in September 2007
Interview notification from Chennai US Consulate on January 17, 2007
Interview at Chennai on February 12, 2007
Received the passports on February 20, 2007
Validation stamp in the passport on February 28, 2007
Welcome Letter (wife) on March 6, 2007
Green Card (wife) received on March 7, 2007
The Immigrant Visa looks like a H1B1 visa stamp but the information is obviously different. The embassy also hands out a packet with top right part perforated. It has a white paper on the front which has your picture and information on it.
I landed at Chicago O'Hare airport at about 3:15 PM. While in the plane, I had filled only the customs forms and not the I-94 white form. After landing, I went to the New Immigrant line. The officer looked at the IV and took the packet from me. He sent me to the NSEERS special registration line.
Hello everyone.
I am back and a PR finally (after 6 years of waiting!!)
Had my CP at NWD on April 18
I stayed at the Park Hotel in Delhi and went to Apollo hospital for my medical. Would recommend both the hotel & Hospital since they are very professional & prompt service.
I had sent my name check via email the night I arrived in NWD
At the interview they only asked three questions to me
Which co. do you work for?
what does you co. do
what do you do for your co?
Hi everyone. I am back as a permanent resident. Had a successful interview. The interview was pretty easy, a young american guy asked me a couple questions regarding my work and then told me my file was fine but the fingerpritning machine was down so to please wait. I waited for 30 mins and then was asked to go back on Friday. The lines outside the Mumbai consulate are awful, be prpeared to wait for a long time in the hot sun. Since the fingerprinting system was down the day of my interview I was asked to go back along with all the other immigrant visa applications for that day.
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.
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.
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.
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval