140 Rfe (eb2)

G

gcprob1

Registered Users (C)
Hello,

I am a calm reader of this forum. This forum really helped me a lot.

My attorney received an RFE on my 140. The RFE is whether my application should be under EB2. I have bachelor degree in Engg. and have over 6+ years of experience when I applied my labor. If I tell them to classify my application as EB2, my attorney says I may need to produce an exp letter which shows my progressive experience if INS comes back with another RFE. What I am not clear is the format of the exp letter and from whom I should get? I do not think companies give exp letters in the format we want. Is it OK to get the exp letter from my previous project managers?

My exp: Programmer -> Software Engg -> Group leader -> System Analyst

Or should I ask them classify my application as EB3?

Any help is greatly appreciated.

Thanks.

Eb2
140/485: Sep 22, 2003
2nd Ead/AP: Applied Oct 12, 2004 Approved this week
 
File it in EB2 if PD > Jan 2002 !

EB3 processing will stop if your PD is not before Jan 2002. So do whatever you can to get the experience letters. I heard they also accept letters from collegues with whom you worked. If your PD is before Jan 2002 then you can play safe and file it in EB3.
 
Thanks AbGCDeDo. My priority date is in Jan 2003, that is why I am confused to go back to Eb3.
 
Hi GCPROB1,
I also got same type of RFE requesting for 5 years progressive experience.
Can you please let us know how did you replied to your RFE, do you have any format letter for showing progressive experience.

Thanks
Srisathya
PD 04/04/03
I140/I1485 ND 11/10/03
I140 RFE 02/10/05
 
hi gcprob1,
In your case, It is my personal opinion that it might be better to go with eb3. But believe me, I dont have a whole lot of experience with this stuff. From just your progression, it is not clear if you might be eb2. Proving progressive experience might be 50-50. But you should be a strong candidate for eb3.
 
Thanks bigbadwolf. I have taken a risk and replied that my application is under EB2. It has been 50+ days since NSC received my response. Still no update from NSC.

Srisathya, NSC did not ask me about my progressive experience. Their question was in which category my application falls into. I do not have any experience letter format. But I have talked to many of my friends and my company. They mentioned that experience letter should have increased level of responsiblity from joining i.e. join as a Software engineer and become a project lead/system analyst with increased responsibility in the similar field. Hope this helps.
 
gcprob1
when Did you recieve RFE. The reason I'm so curious with that is my Nd for 140/485 is sep 22 2003 with EB2. My PD is March 2003. Hope they will touch my case. It seems your file triggered due to second EAD and AP I guess. I applied my Second EAD in September and got Approved on october 24 2004. I did not applied for second AP since I got my H1 till sep 2005. Hope they will touch my case.
 
conversation with my attorney about this

if this helps you .. (note that this is just my interpretation of what my attorney told me - pls take it at face value)

"Progressive experience" is as much for the job and it is for the candidate. The Job should require "progressive experience". This means that the job description should possess enough information to prove that it requires 5+ years of experience. Obviously, for a System Analyst, this is difficult to prove. He said that certainly there may be SA positions that require 5+ years of progressive experience. The only solid way to prove your statement is to provide the names and qualifications of persons that held the position before you. The qualifications of those persons should be either MS or BS with 5+ yrs. In his opinion, the CIS is highly unlikely to accept any other argument.
 
Can I go with EB2?

My labor was applied for Senior Engineer Position with the requirement of BS and 6 years engineering experience in releated job. But there is no mention of words like "progressive" or "post baccalurate experience" in my LC.

I had 11 years of exprience at the time of LC filed. Of course, my all my experience was post BS and it is progressive. I had progressive responsbile positions (trainee engineer, Engineer, Sr Engineer, Asst manager) in my my previous employments. I have experience letters to prove.

My lawyer is not very comfortable with EB2 claim.

However, I prefer to go with EB2 as visa numbers are retrogressed for EB3 for my country.

Is my case is very strong to claim EB2 with out any kind of RFE? or I should go with EB3?

Has anybody replied and succeeded in the EB2 RFE if LC does not specfically mention "progressive" word?

In case of RFE (IF ANY), if my employer replies that the 6 years experience requirement is progressive and if we show the evidence for my progressive experience, what will be the success rate? Will USCIS (Nebraska) accept the reply and approve in EB2? or Just Deny? Is it risky if I apply in EB2?

I do not want to waste 18 months of waiting period in I-140 to hear a EB2 denial. Also I do not want to apply in EB3, if I am completly qualified for EB2 (I cannot able to adjust my status thro EB3 as PD is Apr 2004).

Experts advise is appreciated.
 
Entered processing timeline

Guys,

I asked my attorney's office to check the status of my 140. Here is the status. Just wanted to let you know...

"As per USCIS, the case has just entered processing timeline. It takes another 30 days to process the case. No decision has been made yet. Please check with USCIS if nothing has been heard by USCIS in next 30 days."

Is it a standard reply from USCIS?

Thanks
Eb2
140/485: Notice date: Sep 22, 2003
RFE reply: Receipt date: Dec 28, 2004
 
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