Guestbook Entry for Nitin Gupta , United States
Name
Nitin Gupta
Country
United States
State
Virginia
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I-140 RFE – Progressive Experience
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.
Green Card
Guestbook Entry for Rishi Shah, United States
Name
Rishi Shah
Country
United States
State
California
Guestbook Entry for Nagesh Rayala, United States
Name
Nagesh Rayala
Country
United States
State
IL
Reversal on appeal of I-140 revocation
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
I-140 education issue
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
Green Card
Guestbook Entry for Satish, United States
Name
Satish
Country
United States
State
GA
Guestbook Entry for Harpal Singh , United States
Name
Harpal Singh
Country
United States
State
TN
Guestbook Entry for Dhiraj Shrivastava , United States
Name
Dhiraj Shrivastava
Country
United States
State
Georgia
Form I-140
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.
Green Card
I-140 RFE Based Upon Three Year Degree Issue
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.
Green Card
I-140 Denial Based Upon Three Year Degree Issue
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.
Green Card
Dec 18, 2014 Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Substantial transcription for video
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
I-140 Immigrant Petition for Alien Worker
What is an I-140 Petition?
An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 Petition may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification.
Green Card
US Immigration Questions, Jan 22, 2015 Free Community Call with Rajiv (Every Other Thursday)
Immigration Law
Green Card
H-4 EAD Rule (Updated As of Nov 10, 2016)
I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:
Community Conference Call, 2015, March 5 (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Immigration Law
Guestbook Entry for Gayathri S, United States
Name
Gayathri S
Country
United States
State
Texas
PD Can Be Carried Forward Even If Old I-140 Is Revoked (Unless Fraud or Misrepresentation) 5 November 2015
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
5 November 2015: After some flip flops, USCIS has gone back to allowing carry forward of priority dates even if I-140 is revoked by employer - as described in this discussion. So, we are good for now.
Reassignment of I-485 to alternate eligibility
In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:
How to overcome ability to pay issues
Based on many posts by users of these boards, I’ve decided to write-up a fairly comprehensive posting regarding ability to pay issues and how to overcome RFE’s, Denials and appeals.
Background:
Law governing ability to pay – 8 CFR 204.5(g)(2)
Green Card
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Radio Show, 2015 March 25, legal immigration plan progress, L-1B visa changes, I-140 revocation
Immigration Law
Green Card
Workload Transfer within Service Center Operations
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not delay the processing of your cases except for the additional time needed to transfer the file.