140 RFE--Please help

dwd123,

Column 14: (College Degree) BS or equivalent. ---No Problem. You have four years B.E degree, which is good.
Column 15: (Major Field) Computer Science or Computer Related - you are O.K. In worst case, Even if they send RFE in this, you can very well say/prove that you have done computer related subjects in your degree with diploma in advanced computing.


I don't find any problem in your case.
 
dwd123
When did you do you "diploma in advanced computing ", during college or after.

My labor has the same description as yours, I have degree in Mech Engg. I received an RFE asking to support I have degree equivalent to Computer related.

Can you provide the number where you got your Educational evaluation done.

Thanks
 
charliesangel


The labor cert says that it requires a bachelor plus 5 years.
--- It means your LC was filed in EB2 (BS degree + 5 years PROGRESSIVE EXP is EB2)
When the labor was filed in April 2003 I had 4 years 4 months.
----- It was wrong on part of employer/lawyer to file your LC in EB2, you need to have 5 years progressive experience before the LC was filed and remember the experience gained with the sponsor employer is not counted you need to have 5 years PROGRESSIVE EXP before you joined the employer
not sure how if the few months difference matters.
----- It is mistake of lawyer he should have filed LC in EB3 and I see problems for you
I have some part time work experience that I can add to the above.
------ Try to get the experience letter it may help but not sure

**discuss it with your lawyer
 
Reply for JohnS

JohnS,

I did my diploma in advanced computing after the college.

The major field of study for ne says 'CS or Computer Related'. I got my evaluation done from Trustforte Cop. They have evalutated my BE Mech and Diploma in advanced comupting togther. I may have a problem there.

If I get an RFE, I will get this evaluated again as my degree is also computer related (6-8 courses incuding 3 programming classes).

Can you tell me, what is going on with yours.

In the LC, what is fillied for section 14 and 15?

Thanks,
DWD123.
 
DWD123

In my labor
14. BS or Equivalent
Major Field of Study
Computer Science or computer related

15. Masters in computer science or equivalent with more than 3 yr exp is acceptable

Will keep you posted.
Thanks
 
I-140

Hi Friends,

I am new to this thread and when i was going through the chatting threads, found interesting things.

Well, My labor(EB3) is filed in MD 2 yrs back and still in process. I just want to make sure i won't get problems during my I-140,

I have a 3 yrs of bachelors(Maths, Physics and Chemistry) and 1 year Diploma in Computer applications and has 12 years of IT experience, 6 yrs in U.S and 6 yrs back in India.

on ETA-750(labor) in column 14 attorney specified,

"Bachelors or equivalent*
Major field study: "Computer science, Engg or related"

in Column 15(other requirements),

"Any equivalent combination of education and/or experience may be substituted"

So since I have 3yrs bachelors, 1 yr Diploma in Computer programming applications and 12 yrs of IT experience, should i have to worry about my case filed in EB3 in I-140 stage?

I do have educations evaluations that my old company did for H1B which they have counted 8 experience as against to the US bachelors education. Can this help or do i need a new education evaluations?

Please let me know what are my chances of getting I-140 approval.

Any feedback highly appreciated.

Thanks.
 
Last edited by a moderator:
Naanshi and others..Where on the application is it written whether your application was filed under EB2 or EB3. Let me know.
 
Should be somewhere in the top right hand corner of the right column where there are 5-7 categories listed.
 
Originally posted by naanshi
For Tax Statements, he just sent some blank tax forms. INS got some kind of suspicion and sent for investigation.

nanshi
Click to expand...
:eek: :rolleyes: :eek:
Sounds worse then my a**orney.
:D
 
Originally posted by charliesangel
Naanshi and others..Where on the application is it written whether your application was filed under EB2 or EB3. Let me know.
Click to expand...

Robocop has given very clearly in some other thread.


The difference between EB2 and Eb3 is that
EB3 is for skilled laborers applying for immigration and EB2 is skilled laborers with advanced degrees. If you don’t know what you have filed as, look in the receipt notice.
On the right hand side 4th box down, there is a section for "notice type" and it says receipt notice. There is a amount received. And then there is a "section" that explains whether it is eb2 or eb3.
if it says "Sec 203 (b) (2)" then it is eb2.
if it says "Sec 203 (b) (3)" then it is eb3.
 
Naanshi and others!

Naanshi or others,

Please suggest my case as filed in EB3. Here are the details:


My labor(EB3) is filed in MD 2 yrs back and still in process. I just want to make sure i won't get problems during my I-140,

I have a 3 yrs of bachelors(Maths, Physics and Chemistry) and 1 year Diploma in Computer applications and has 12 years of IT experience, 6 yrs in U.S and 6 yrs back in India.

on ETA-750(labor) in column 14 attorney specified,

"Bachelors or equivalent*
Major field study: "Computer science, Engg or related"

in Column 15(other requirements),

"Any equivalent combination of education and/or experience may be substituted"

So since I have 3yrs bachelors, 1 yr Diploma in Computer programming applications and 12 yrs of IT experience, should i have to worry about my case filed in EB3 in I-140 stage?

I do have educations evaluations that my old company did for H1B which they have counted 8 experience as against to the US bachelors education. Can this help or do i need a new education evaluations?

Please let me know what are my chances of getting I-140 approval.

Any feedback highly appreciated.

Thanks.
 
***********************************************
in Column 15(other requirements),

"Any equivalent combination of education and/or experience may be substituted"

**********************************************

Educationwise I don't think you will have any problem in your I-140 stage. You are safe.
 
naanshi!

The experience is also mentioned on ETA-750 which is

job offered: 2yrs
occupation required: 2ys

Where as i have 12 yrs of IT experience.

However, i dont have one experience letter from one company but i do have paystubs and other docs(H1B approval intimation letters and others).

Can these help?

Thanks.
 
RFE ON I140

I got Rfe on my I140 on my education (on the degree that I acquired). Mine is in EB2 RD 09/05/03.

LC Details:
College: 5 Years. College degree req: Masters* * or equivalent foreign degree
Major Field: Mechanical Engineering.

I have:
1. B.E (Mech): 4 years
2. Post Graduation in Tool Die & Mould design from CITD, Hyderabad (Admission through GATE): 1.5 years (This course also consist of a project work, which I did at onsite of Crompton Greeves, Nashik)
3. I got my PG degree evaluated by Morning side Evaluation, NY before my LC filling in 2001. They said it is equivalent to M.S in Mechanical Engineering.
4. I got 9 years of progressive experience in Bajaj Auto & Telco in India. One year experience here before I join my present job. All experience is in similar field of mechanical engineering.
Rfe Details: (about my PG degree): This was clearly not masters degree program in mechanical engineering, as the course are not of the nature, scope, or complexity as those undertaken during a master of mechanical engineering program. Education evaluations for them are only advisory opinion.

I could have also attained masters equivalence with my bachelors degree and 5 years progressive experience (I got 3 promotions in 9 years). Either my attorney did not felt its necessity or overlooked while filing my LC.

I request you guys to help me out in responding this Rfe.

Thanks.
 
Re: naanshi!

Originally posted by ciril99
The experience is also mentioned on ETA-750 which is

job offered: 2yrs
occupation required: 2ys

Where as i have 12 yrs of IT experience.

However, i dont have one experience letter from one company but i do have paystubs and other docs(H1B approval intimation letters and others).

Can these help?

Thanks.
Click to expand...


As far as I know, You have to prove that you have the experience mentioned in the ETA-750, that is two years in your case. If you show by experience letters that you have minimum of two years experience then you should not have any problem. Missing of one year or two years should not create any problem. Most of my friends did not have all the experience Letters and they got their I-140 approved witout any problem.
 
naanshi,
can you help to get some clarification?. i think your theo nly one here in this post giving all answers to everyone.
my situation. i filed my Labour from NY on Aug 2001 in EB2/RIR category
you know NY is very slow and i am getting frustration now
i got one labour substitution from one company which comes under nebraska service center

i dont know clearly about the eduaction or experience detail
but i am having masters from india and having experience from 1997.
supopse if the labor substitution is eb3/non rir or any kind of this
am i eligible.
means if they give in labor when they appled like bs with 3 years experience.is still i can take this??

please let me know as i am planning to go for it and tell me what precautions i have to take and asks this new employer

is thati have to ask all company details and everything??

its kind of very important for me
please someone shed some points so that it may use for my future
 
Zamq,

With almost 3 years experience with I-140 message board, whenever I find time, I am trying to help some people with the information I know and also I am learning from Gurus here. Just give and take policy.

Back to your question,

1. "but i am having masters from india and having experience from 1997.
supopse if the labor substitution is eb3/non rir or any kind of this
am i eligible."

**** Yes, You are eligible for EB3 with Bachelors Labor substitution. For your information, I have filed same thing. I have M.E degree and I substituted labor for Bachelors.


2. "please let me know as i am planning to go for it and tell me what precautions i have to take and asks this new employer"
*****a) Make sure that Education, experience and skill set matches. For example if the labor says B.E in Computer Science then you can use only if you have B.E in computer Science. If it says that B.E Computer Science of equivalant then you can use if you have B.E (EEE) or B.E(ECE) so on.

b) Skill set must be matched, at least some what, not all. If you are a ASP person and your labor says C++, then you may have problem later.(That too if you are unlucky. some times your approval will come through)

c) You must have the experience mentioned in the labor on the date the labor filed. For example if labor says 5 years experience and it was filed in Jan 2002, then you MUST have 5 years experience in Jan 2002, not today.

All the Best.

naanshi.
 
naanshi,thanks for your quick response
its really gave some good info

1.
i got another question, please let me know
suppose if that labor substitution has BE computer science with 3 years expericene

but i have MCA with 6 yearsd experience,
is it matches??

2.
regarding second question about skill set. i think i can handle this, i have to talk to that guy now

3.
its okay for me
let's hope everything will be good
please answer my 1st question please
 
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