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cyclone_p
06-25 01:32 PM
Folks :
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
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paskal
10-24 06:28 PM
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
ca_immigrant
11-29 06:59 PM
hmm..
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
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andy garcia
09-17 02:50 PM
Why do people assume everyone here is from India?
Because 99.99% are.
Because 99.99% are.
more...
andy garcia
08-29 02:33 PM
This is the list of Witnesses(Panelists):
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
watzgc
04-02 01:16 PM
hi zCool,
Plz see ur PM.
Thanks,
watzgc
Plz see ur PM.
Thanks,
watzgc
more...
ajayabhichandani
05-24 02:56 PM
Done , send from NJ. Keep it up IV
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kingkon_2000
09-24 07:08 AM
Hi Guys please help me
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
My online status is same as yours but I received FP notice and have given finger prints. My AP status online says that they have mailed me GC sometime back. If only online status were 100% correct. My lawyer says there are errors in online status so don't believe them 100%.
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
My online status is same as yours but I received FP notice and have given finger prints. My AP status online says that they have mailed me GC sometime back. If only online status were 100% correct. My lawyer says there are errors in online status so don't believe them 100%.
more...
Dj-Studios
06-01 03:49 PM
Ummm thanks man. Tuts would be hard to do for my graphics. They basically just comes from my style of art. And everyone has a different style. Get what I am saying? But I'd be more than willing to let you take a look at the .psd's. You might be able to learn alittle from them.
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kams
06-15 06:43 PM
Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??
Ok, just back from the doc. Took around 2 hours . Charges - $340 for adults (Includes Physical, Blood test - HIV, Hepatitis, Syphylis, Tetanus shot), doesn't include X-ray ($80).
Good thing about this place is, they do X ray, Blood test inhouse. SO you don't have to go out (means another appointment).
Right now they are doing extended hours, Dr.Anand Patel told me that appointments are full till July 4. But they do take walk in.
Go on a weekday at working hour.
Ok, just back from the doc. Took around 2 hours . Charges - $340 for adults (Includes Physical, Blood test - HIV, Hepatitis, Syphylis, Tetanus shot), doesn't include X-ray ($80).
Good thing about this place is, they do X ray, Blood test inhouse. SO you don't have to go out (means another appointment).
Right now they are doing extended hours, Dr.Anand Patel told me that appointments are full till July 4. But they do take walk in.
Go on a weekday at working hour.
more...
swadeshi
10-05 12:41 PM
Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
Hang in there is all one can say, there are hundreds of people still waiting for their RN, without checks being cashed whats the hurry?? didn't you see news that USCIS received 800,000 485 packages!! it might take time but wht can u or I do!!
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
Hang in there is all one can say, there are hundreds of people still waiting for their RN, without checks being cashed whats the hurry?? didn't you see news that USCIS received 800,000 485 packages!! it might take time but wht can u or I do!!
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ArkBird
01-08 02:29 PM
With a big questions mark on its cash position and a minimum outgo on salary estimated at Rs 500 crore a month, Satyam may lay off over 10,000 employees next month, says a recruitment firm.
"It is most likely that Satyam will cut 10,000 jobs next month as the company is left with no cash to pay the salaries. The current fiasco is likely to put pressure on salaries, which may reduce by 10 per cent due to the surplus of about 20,000 people in the jobs market," Headhunters India CEO Kris Lakshmikanth said.
Satyam interim CEO Ram Mynampati while admitting that the cash position is not encouraging, the company, however, has taken care of salary for December. Lakshmikanth said till Tuesday evening there were about 7,800 people from Satyam who had posted their resumes on job sites and by Wednesday afternoon, it has gone up to 14,000.
The uncertainty about jobs is killingly painful for the 53,000 employees of Satyam, especially when the industry is going slow on recruitment. Further, possibility of a takeover too looks distant as the accounting fraud done by the company would make it difficult for any firm to evaluate its correct market value, which is compounding the worries of the employees.
IT-BPO union Unites Professionals general secretary Karthik Shekhar said, "In case of any lay off at Satyam, we may take legal action." "We have received over 7,000 hits since the news break.
On Wednesday, in one hour we have seen over 800 hits (no of people visiting the site) from Hyderabad. People have been enquiries on how the union can help them," Shekhar added.
Here comes... "Bailout!!! (http://timesofindia.indiatimes.com/Business/India_Business/It_is_for_Centre_to_decide_on_Satyam_Andhra_CM/articleshow/3951539.cms)" Indian Edition. After all that's the latest fashion in govt. All around the world. How can Indian Government ignore the corporate crooks of India?!
"It is most likely that Satyam will cut 10,000 jobs next month as the company is left with no cash to pay the salaries. The current fiasco is likely to put pressure on salaries, which may reduce by 10 per cent due to the surplus of about 20,000 people in the jobs market," Headhunters India CEO Kris Lakshmikanth said.
Satyam interim CEO Ram Mynampati while admitting that the cash position is not encouraging, the company, however, has taken care of salary for December. Lakshmikanth said till Tuesday evening there were about 7,800 people from Satyam who had posted their resumes on job sites and by Wednesday afternoon, it has gone up to 14,000.
The uncertainty about jobs is killingly painful for the 53,000 employees of Satyam, especially when the industry is going slow on recruitment. Further, possibility of a takeover too looks distant as the accounting fraud done by the company would make it difficult for any firm to evaluate its correct market value, which is compounding the worries of the employees.
IT-BPO union Unites Professionals general secretary Karthik Shekhar said, "In case of any lay off at Satyam, we may take legal action." "We have received over 7,000 hits since the news break.
On Wednesday, in one hour we have seen over 800 hits (no of people visiting the site) from Hyderabad. People have been enquiries on how the union can help them," Shekhar added.
Here comes... "Bailout!!! (http://timesofindia.indiatimes.com/Business/India_Business/It_is_for_Centre_to_decide_on_Satyam_Andhra_CM/articleshow/3951539.cms)" Indian Edition. After all that's the latest fashion in govt. All around the world. How can Indian Government ignore the corporate crooks of India?!
more...
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va_labor2002
06-23 08:24 AM
First of all what you want honorable Minister to do. Ask him to talk to US Congress to pass the law so that we get GC faster. Let say he speaks on our behalf. All I see happening is things getting worse rather than getting better. Those who are on the other side of the table will get a point to oppose to those who are supporting us. This is what going to happen. Every provision that is supporting our cause will be opposed by the fact that it has been done under the influence of foreign Government in this case it will be Indian. Organizations like numberusa is vehemently looking for a way to prove that how all pro-immigration provisions are anti-american. So we hand over them the Jackpot.
Whole idea of involving Indian Minister looks to me like small kids involved in a fight seeking help of their parents to get the issues fixed. Here we are not dealing with neighbors kid. Lets grow up..
If the minister talks to the US President regarding VISA retrogression problem,How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press. VISA revalidation is another thing he can talk to US Secretary of State.
Whole idea of involving Indian Minister looks to me like small kids involved in a fight seeking help of their parents to get the issues fixed. Here we are not dealing with neighbors kid. Lets grow up..
If the minister talks to the US President regarding VISA retrogression problem,How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press. VISA revalidation is another thing he can talk to US Secretary of State.
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alterego
12-25 03:31 PM
MTR = Motion to reopen. Filed if a case is denied, by submitting additional evidence etc.
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)
more...
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gcnirvana
12-05 04:35 PM
Are you planning to get it stamped when you are outside US?
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
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franklin
09-21 12:44 AM
We are not here illegally. We are proud to be highly skilled, in demand and in America to improve American competitiveness.
The National Anthem was sung (and thank you Panjak, you bought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
Sorry to whoever left me some nasty negative comment. I merely meant to say it was sung in respect for the country we are in. It is common courtesy.
I apologize for having upset you by my comment.
The National Anthem was sung (and thank you Panjak, you bought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
Sorry to whoever left me some nasty negative comment. I merely meant to say it was sung in respect for the country we are in. It is common courtesy.
I apologize for having upset you by my comment.
more...
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legalVoice
02-08 09:49 AM
It typically comes after 12 of every month.
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jungalee43
04-04 08:46 AM
Stay on path. All great leaders in history have gone through such criticism before the world recognized their greatness.
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pani_6
08-13 06:26 PM
send out the letters
gg_ny
10-04 11:58 AM
This is a good point. I was not trying to scare you but telling you my perspective of things as you presented them. Even in India someone with mulitple "official" id documents is looked with suspicion. The issue is sensitive in this country in these kinds of times. What if one of your last names gets listed in some FBI database for some reason? You would be stranded for no meaningful purpose in one of the back rooms by the departure gates...
Look at the bright side: with your current documents, you can choose a good combination of names and change/finalize your name with Indian embassy/consulate here in USA. Before that you could consult an attorney to streamline things you need to do .
After you do the name change or finalization, your lawyer would file a suitable amendment papers to your approved petitions. I believe with all good intentions that failing to do any or some of these will a recipe for future trouble.
Have a look at some of hte other forums: even with one set of names, there are people stuck at FBI namechecks; if you dont take the pains now to
decide on one name, everytime you do a paperwork with USCIS, you are adding to your problem portfolio.
Good luck, and remember that none of the members ( at least most of them) are legal professionals. IV anyway allows you to ask questions to lawyers every week (?) and maybe that could be a good startpoint.
Just two things:
1. Make up your mind about your last name and stick with it. Jumping last names can create trouble for you in future. I work for a bank and two different last names mean different people, your credit report will also be messed up so in the long run you will have a lot of pain.
2. Since your first name has three names, and I am guessing out of those two one would be your town and other you father name or something like that, it would be hlepful for you to convert them to single letter and just keep your given name as full name. Most of the systems in US cannon handle three first names and you will face this trouble again and again even if you get it figured out in the visa.
For your current problem just state that your new 797 is approved with a wrong last name, and talk to a lawyer. If he asks show him your new passport and explain the reason for the last name change.
DMV story will create unnecessary confusion so skip it.
Look at the bright side: with your current documents, you can choose a good combination of names and change/finalize your name with Indian embassy/consulate here in USA. Before that you could consult an attorney to streamline things you need to do .
After you do the name change or finalization, your lawyer would file a suitable amendment papers to your approved petitions. I believe with all good intentions that failing to do any or some of these will a recipe for future trouble.
Have a look at some of hte other forums: even with one set of names, there are people stuck at FBI namechecks; if you dont take the pains now to
decide on one name, everytime you do a paperwork with USCIS, you are adding to your problem portfolio.
Good luck, and remember that none of the members ( at least most of them) are legal professionals. IV anyway allows you to ask questions to lawyers every week (?) and maybe that could be a good startpoint.
Just two things:
1. Make up your mind about your last name and stick with it. Jumping last names can create trouble for you in future. I work for a bank and two different last names mean different people, your credit report will also be messed up so in the long run you will have a lot of pain.
2. Since your first name has three names, and I am guessing out of those two one would be your town and other you father name or something like that, it would be hlepful for you to convert them to single letter and just keep your given name as full name. Most of the systems in US cannon handle three first names and you will face this trouble again and again even if you get it figured out in the visa.
For your current problem just state that your new 797 is approved with a wrong last name, and talk to a lawyer. If he asks show him your new passport and explain the reason for the last name change.
DMV story will create unnecessary confusion so skip it.
thomachan72
08-17 01:06 PM
What does your attorney say? He/she should have had some idea when they filed under EB2. The attorney should clearly not take a risk regarding educational requirements. Maybe you will have to do the MTR and submit better evaulation (if you feel the degree and experience are suitable). Best
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