barkulkum Posted November 4, 2012 Report Share Posted November 4, 2012 I am in a critical immigration situation right now. I have a Previously approved I-140 in EB2 from Employer A and i have changed my employment after my I-140 approval from A and A immediately revoked my I-140 after resignation. My Qualifications are 2 Year Diploma in IT, 3 years Bachelors, 2 years Masters in IT and 8 years experience before joining Employer B. Employer B started Green card and PERM(qualification was Bachelors with 6 years experience) was approved and valid till Jan 2013, the attorneys from B applied for I-140 and i have received RFE on following terms 1. Employment verification Letters - Which i have for 8 years, and this is not a problem 2. Educational Qualifications - Since USCIS consider my 2 years masters with 3 year bachelors as US accredited Bachelors and i only have 4 years and 6 months of experience from my Masters before joining Employer B they are questioning in progressive experience grounds. Please advise me with following questions. 1. Since i have a Diploma in IT from reputed Institution, can that 2 year diploma and 3 year bachelors be combined to prove i have Bachelors equivalent to US Bachelors? and 2. Since i only have 12 months left in my H-1B 6 year Term will i be able to apply for new I-140 in EB3? (Damage Control mode and re-apply to upgrade to Eb2 after receiving 3 year extension) 3. My First I-140 case status online have a Soft LUD exactly two weeks from my resignation from Employer A, is there a way to check if my I-140 is still active from them? 4. I have 11 weeks out of country time will that be helpful in any way to recapture my H-1B 6 year term? Appreciate your help and guidance! Link to comment
barkulkum Posted November 5, 2012 Author Report Share Posted November 5, 2012 As per the USCIS Memo (Q&A Section III) http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf Regarding my Question 2 & 3. It looks like the approved I140 is enough to get 3 year extension, it does'nt really matter if it has been withdrawn or revoked. Attorneys, Please advise. Link to comment
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