RFE - Urgent EAD expiring- Need help!!

[sunda123]

Hello,

This is my case:

Background:

I am currently in EAD working in a university. My EAD expires on May 22nd, 2004 (approx 1 month from now). My university filed for H1 on December 13th and I received an RFE on April 2nd asking to:

1) provide evidence that the beneficiary qualifies for a speciality occupation.

For this, we submitted my Master`s degree certificate and transcripts.

2) Indicate educational requirements of the propose position and how the beneficiary `s education relates to the position itself. Also, how many other individuals do you employ in similar positions? Of these, how many hold at least a bacclaureate degree? In what field of study?

We submitted a letter from my supervisor listing my duties, samples of my work, and mentioned the qualification of my colleagues.

We sent in for premium processing on 13th.

Problem:

University today received a fax requesting Further evidence for speciality occupation and other details. University immigration office said:

"It's sort of asking for the same thing all over again. Perhaps this is because we have now filed through the Premium Processing Unit and it is subject to a different set of eyes. In any case, they feel we have not established that this is a "specialty in scope application" and they site to the same regulations as the previous RFE.
I think that we can write more detailed letters and charts. They seem to want more detailed information regarding the other people similarly employed in your office (their qualifications, etc...).
the gist of it is that they want us to show the "specialty" aspect of the job."

We are planning to meet early next week to prepare a reply. My EAD expires in another 20-30 days, and I am kind of stranded. Any advice or help will be highly appreciated. I will try to post my job duties /my qualification if it can help you provide some ideas/suggestions. Thanks in advance.

Regards,
Sunda123

[sunda123]

Below is the letter that we wrote for the 1st RFE. Also,
I have a Master`s degree in Information Management and experience in IT and Education field.
______________________________

Dear Sir or Madam:

This letter is written in response to the Request for Further Evidence dated February 23, 2004 regarding university `s petition for our employee beneficiary sunda123

With regard to the educational requirements of the position and the beneficiary’s education please note the following information.

In relationship to the job description (attached) the Information Specialist i.e. the applicant is well trained to consult, communicate, and problem solve issues related to this position. He brings strong domain knowledge in Higher Education through experiences, and the following information management and technology skills to the position:

• A knowledge of information systems that can better help students gain access to needed resources, and enhance the services offered by the office.
• Experience with database design and utilization of database applications as an essential way to organize important information flow within the office (please see attached examples).
• Ability to analyze and review current information management practices and processes to appreciate their effectiveness and to find ways to refine them (see examples).
• The knowledge of how to organize and retrieve information in a pragmatic way that meets the needs of the student and the office. The ability to use the Internet as an informational tool to expand resources.
• The ability to present information in creative and useful ways so that technology can be a valuable tool to enhance learning and development of the office.
• Experience with problem-solving frameworks to assist students in working towards solutions to problems.
• The ability to effectively listen to the needs of the student to determine a course of action.
• Experience in explaining complicated systems and processes to assist in the use of Information ************ for enhancing the services offered by the organization to its population

In addition, the Counselor-Information Specialist supports the work of the Office in the following ways:
• Consult with staff regarding how information related to monitoring students’ academic progress is obtained, organized, disseminated, and archived to maximize the office’s resources and services
• Counsel and advise Computer Science students
• Research new information resources that will provide opportunities for student development
• Act as liaison for the School of
• Consult on computer cluster resources and other related Information Technology developments
• Trouble shoot any hardware and software problems in the Office’s IT Systems
With reference to employees in similar positions, the Office employs seven Counselors to serve over 400 students. Each Counselor has a particular specialty area, i.e. financial aid, career development, administration, academic services, and communications. Currently four Counselors including the applicant hold Masters Degrees. Of the other three counselors, one is a PhD candidate in Psychology, one is a Masters Degree candidate in Educational Administration, and one has a Bachelors Degree in Communications and 24 graduate credits in African American Studies with extensive experience in student service work.

Please note that the minimum requirements for this position are a Master’s degree in Education or a field related to the position. In addition, the candidate must also have two years of experience in student services and Information Technology, or a similar field.

[jaxen]

Stay the course. Univ. officials are doing the right thing.

[sunda123]

Thanks.

[sunda123]

Hello,

I got more details about my RFE today. Any suggestions or things that I need to be aware of while making by reply would be highly appreciated.

Thanks,
sunda123



Item 1:

1. Detailed statement setting forth all of the beneficiary’s proposed duties and responsibilities.

a. Indicate the percentage of time that the beneficiary is to perform each of the proposed duties each day.
Note: In your description use specifics; not generalities.
b. For each of the job requirements indicate how the degree requirements for a baccalaureate degree in information management directly relate.
c. Explain how a baccalaureate degree is essential for the satisfactory execution of each of the proffered duties.

Item 2:

1. Submit a copy of the job posting that you used to solicit applicants for the proposed position.

Item 3:

1. Submit a statement specifying the number of employees currently working for your firm in the position of academic counselor (with similar duties as those proposed for the beneficiary).

a. Specify the educational attainment of each of your other academic counselors.

Item 4:

1. Pursuant to _________ you are hereby requested to submit evidence to establish that the position offered meets one or more of the following criteria: (check the letter for more information)


Item 5:

1. Submit one of the following as evidence that the beneficiary qualifies for a “specialty occupation:” (check the letter for more information)


Item 6:

1. An advisory evaluation of the beneficiary’s credentials must be obtained before a decision can be made. This evaluation is necessary to determine the level and major field of educational attainment, as described in the supporting documents, in terms of equivalent education in the United States. An acceptable evaluation must:
a. Consider formal education only, not experience;
b. State if the collegiate training was post-secondary education, i.e., whether the applicant completed the United States equivalent of high school before entering college;
c. Provide a detailed explanation of the material evaluated rather than a simple conclusory statement;
d. Briefly state the qualifications and experience of the evaluator providing the opinion

Item 7:

The beneficiary appears to be qualified for a specialty occupation in the field of information management, but does not appear to have the qualifications for any other specialty occupation.

1. Submit further evidence that the beneficiary has education and/or a combination of education and experience that would equate to a bachelor degree in a field related to the position offered.
2. Please submit additional evidence that clearly shows the beneficiary qualifies for a “Specialty occupation”.
a. Evidence must show how the beneficiary’s degree(s) in information management qualify/qualifies him/her for the proffered position as a (n) academic counselor.
Note: If the degree(s) is/are not in directly related fields submit a statement detailing how the degree relates.









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