140 RFE, Please Help

L

LaborUnknown

Registered Users (C)
I got an RFE on 140. It is saying in 750A of the Labor petition, it is mentioned
Less than 2 years of experience, so you can not file under Skilled category..

I've more than 9 years of industry experice, But this is a total mistake from the lawyer point of view, when he applied for Labor..

What are the options and chances to file in skilled category....

What is the 'Other Worker' Category in 140...


thanks
 
Thanks a lot unitednations

Thanks for prompt response..

My priority date is : 02/13/2002 ..When I started my state labor..

But do you have any idea what would happen now..

My attorney said he needs some time to do some research in this issue..

As I know if I will fall in other category then 485 will suffer..

But what about 140.. will I get it cleared soon as Unskilled worker catergory is also running fine for 140..

Thanks
 
Thanks again

Here is what is written in RFE..

Part A of the certified ETA-750 indicates that the position requires less than two years of training or experience.
Therefore, It apprears that while you have select the "skilled worker" category for this I-140[INA Sec. 203(b)(3)(A)(i)],
the proper category should be "other worker" [INA Sec. 203(b)(3)(A)(iii) since the position requires less than two years of
experience. Title 8, Code of Federal Regulations, Part 204.5(1)(2) defines "Other worker" as "a qualified alien who is
capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years training
or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States." (Emphasis added)

If you wish to change the requested category to "Other Worker", please so state.

However, if the job has been certified by the U.S. Department of Labor with an experience/training
requirement totaling two years or more, please submit the certified ETA-750 that reflects the requirement.



Please respond as soon as you can, I'm waiting for your valuable inputs..

Thanks
 
Thanks unitednations !!

I don't know, what to do now, I will try to file in Perm, But I don't know what all this requires..


Can I continue with switching category, At least I will have my 140 approved ?

Can I use AC21 once 140 get approved under Other category, if the 485 is pending for more than Six months ?

I could not understand this portion..

"file an eb3 labor under perm, file an I-140 get it approved and then transfer the priority date from the unskilled worker to the new 140. At least you will be able to get an earlier priority date in the new eb3 and you will be able to get your greencard much faster."

How can I transfer the priority dates from old labor to the new one..

Can you please explain me in more detail...


Thanks a lot for your response..

Thanks
 
Thanks again unitednations !!

Just now, I was browsing this site, But could not reach the related arcticle..

I would really appreciate if you please help me to reach the correct article about the same to retain the priority date..


http://www.immigration-law.com/



Thanks
 
LaborUnknown said:
I've more than 9 years of industry experice, But this is a total mistake from the lawyer point of view, when he applied for Labor..
Click to expand...
What do you mean by that? Since you have more than 9 years of experience and your LC requires 2 years of exp. What's the problem? Have you submitted an experience letter with I-140?
 
Thanks a lot unitednations !!

Thanks a lor unitednations !!!!

I will keep this information and will also forward to my lawyer if he needs this..

Actually I'm not worry about 485 yet, But I want my 140 to get approved as soon as possible and Then after 180 days, I should be able to change the employer if I need to be. ..( In worst case, If got laid off or project is over ).

Can you please explain me more about this other category..

I mean what is the current dates of processing for 140 for this category at TEXAS....

If I'm not wrong it is called 'UNSKILLED CATEGORY' and they are also processing with the same speed and currently it is showing 01/07/2005...

Am I right here ? Please answer..

Thanks
 
unitednations said:
labor required less then two years experience.
Click to expand...
So, what's the problem? You have more than 9 years of experience and your LC requires less than two years of experience. As long as the person has years of experience more than listed in your LC, s/he is qualified for that job unless her/his experience is unrelated such as Quality Assurance vs. Programmer. You may want to review your LC and the denail letter again.
 
Thanks Compiler.

I think you have not the entire thred.

It's not a deniel letter. It's a RFE. In labor my lawyer mentioned that they require 1 year of experience..

And for 140 Skilled category, the approved labor should clearly state that
we require two or more years of experience..

So, here is the deal, because even though I've more than 9 years of experience and Bachelor degree and also submitted Education Evaluation certificate etc...

But here those are not the issue..The issue is 'Labor say 1 years of experience' and thus should not Fall into 'Skilled Worker' Category..

They are saying, this should go to 'Other Worker' category..

I hope this clears you..

Thanks for your response..
 
Thanks unitednations !!!!

One more clarification from you..

Let's say by the end of this year 'Other Worker' Category date move forward
and then it is close to my priority dates or cross my priority date..

Is still there any other preferences while adjudicate 485..?

Because while showing progress for 485, they don't mention whether it is Skill Category or not.?

Please explain me in more detail....

What I'm thinking if my 140 gets approved, and anyway from any angle they are not gonna to approve 485 till the end of this year...

And I'm hoping they will definitely move priority dates for other category also..
and probably I might fall into category at this time...

As currently priority dates for other category is '07/2001' and my priorioty date is 02/13/2002, So just seven months difference..

And I'm hoing if they will move it forward, then I would be better off with this current 485 process rather than applying another labor and 140 , those two will anyway take another year and losing of money too..

Thanks
 
Thanks a lot again

You have given some valuable suggestion..

First of all, I'm such kind of a person that I can not even think of running a business..

And the other thing is, If I'm not wrong , you can always open a company
on EAD too..?

Yes, Expenses over EAD renewal are there, But for now it's only for me as I'm still single..

I'm looking forward for my Lawyer's response, Let's see what he is saying ?

And at this point, my primary concern is 140 should get approved as soon as possible.

And then once perm is in place, I would surely try to file a labor in that category ( Looking towards advertisement expenses + Lawyer Fees ), But I think there are lot of restrictions are there in Perm. But I would try all the possible options...

And for now, I don't have any other choice and in the same time, My this project might get over by the beginning of July.. So what I'm thinking
of, get 140 approved as soon as possible( Because I'm with some big american consulting company, and you can not trust them ) And , If I would be able to get some kind of permanent Job, Then probably I can wait for two more years, as I already waited for three years for my labor..

But it's not like that I won't try....I will try hard, if I will see there is no progress on the priority date for the 'Other worker' category by next two months..

One more question... Do I need to apply the another labor from the same company or I can apply it from any company..and get 140 approved and then transfer the priority date..? Please answer..

Thanks
 
Thanks Unitednations !!

It's not like that, I'm not in hurry.

But you understand, At this point, I really don't have any choice.

So, the best way is to get this 140 cleared as soon as possible.

Regarding new labor process, it's not easy with my current company, as last time when I spoke with my company ( When I was waiting for my old labor since last two years), Can I file another labor from Philadelphia...

They told me, you can file it in all your expenses..

Then I talked to Lawyer, they told me they need minimum three advsertisement to make RIR case string, For each ad. it might cost me $500 to $1000.
then lawyer fees, $500 and minimum six. month wait...

And I already spend $3500 towards this GC process..

If I'm spending more than $15000 towards GC, then there is no point...
First my concern at this point is Get the 140 done to be on the safer side and then start talking about the PERM process..and then go for it , if the company is ready to file...

So, there are lots of Permutation/combinations are there with these American companes..Who stricty follow rules...that's why I want to get rid of this as soon as possible...

And side by side I will try to find some permanent job ( And a good indian Company who can apply for my Labor Process under PERM )..

Let's see...I don't know what GOD has planned for me..But we all can try...
that's all I'm doing..But at this time I really don't have any choice and PERM is also not in place..



Thanks
 
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