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The Proposed I-140 EAD Rule - FAQ's

9 years ago By Chief Editor

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

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10+3.5 years diploma + 3 years BS

15 years ago By Editor

Question details

I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

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Guestbook Entry for Brij, United States

15 years ago By Anonymous (not verified)

Name

Brij

Country

United States

State

Comment

I took consultation with Rajiv Sir twice. In few words, I would say he is excellent in his knowledge and he really reads your case, tries to understand it before he talk to you over the phone. My case is very much complicated ( labor substitution, EB2, concurrent filing, previous comp filed chapter 7, new comp filed another GC with different salary and job duties...etc).

During my first consultation, I asked same set of questions (10 - 15) from both Rajiv Sir and Sheela Murthy but I got all my queries answered with satisfaction and piece of mind only from Rajiv Sir.

During my 2nd consultation, due to dynamic nature of my queries, discussion needed more time than scheduled and Rajiv Sir gave me another slot free of charge to give me right direction before closing discussion thread with him.

Finally, I would say his fees is highest amoung all lawyers I have met but is worth paying as it gives you piece of mind at the end.

EB2 Qualification

15 years ago By Chief Editor

Question details

I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

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When does education become ground for denial - EB-2

15 years ago By Chief Editor

Question details

If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

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Master transcript as degree

15 years ago By Chief Editor

Question details

I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

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EB2 from EB3 qualification

15 years ago By Chief Editor

Question details

I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

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EB1 Extraordinary ability

15 years ago By Editor

Question details

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

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Guestbook Entry for PM, United States

15 years ago By Anonymous (not verified)

Name

Country

United States

State

Illinois

Comment

I got my GC yesterday. I am still waiting on GC for my wife because there is an RFE on her case.I didn't get the RFE information yet on my wife. This is my case ============ -US Masters Degree - EB2 , Priority Date Nov 2004 - Applied for EAD in Sep 2009. - Received EAD in three weeks and AP in four weeks. - Received GC yesterday after 70 days for my application date. I want to thanks Prerna Mehta for all her efforts. She was very patient, informative and supportive.