EB2 I140 RFE -- Experience -- Urgent please

S

suni123

New Member
Dear Experts,
I got the RFE on my Eb2 I-140, Saying that I don't have 5 years post-baccalaureate experince on the job offered.

My Details.:
I received Btech Degree in April 2002. I Joined current company XYZ in Jan 2007 and with same company who filed by GC on EB2. I showed the experince starting from July 2001. which calculates as 5.3 months before I joined my current comany XYZ. Looks from the FRE that they are not consider the experience while I'm doing Btech.
I have just applyied my 7th year H1 extension based on the labor and got the receipt.

Could some one please suggest what would be best options for this RFE and it should not effect my 7th year extension.

Please advise. your reply is highly appriacted. and this is urgent please.

Thank you.
Suni
 
USCIS is right here - your attorneys made a mistake.

Try to see if the labor certification contains the "5 years post-baccalaureate" clause as well - if so, you will need a different labor certification that you can meet with your qualifications, and the immigrant petition will most likely be denied. This is really bad, because if deny the immigrant petition before you can extend for another year you H1B, you will need to leave the country, and reenter after an year spent outside (has happened to my friends, but it's not the end of the world).

There is a some chance, however, that USCIS will aprove the H1B 7 year extension before denying the immigrant petition. Maybe worth a shot. Do premium processing the the extension request.

If the labor certification is good (i.e. you can satisfy the required work experience specified in it), then you'll need to accept EB3 classification. Reply to the RFE that you are okay to switch to EB3. It's slow, but at least you can keep extending your H1B.
 
OR you can start new labor certification from new employer for same scenarios bachelors plus 5 years, since you already possess bachelors degree and more than 5 years of work experience
 
whitemimauz3 said:
OR you can start new labor certification from new employer for same scenarios bachelors plus 5 years, since you already possess bachelors degree and more than 5 years of work experience
Click to expand...

Sure - this will help, but he/she will not be able to extend the H1B beyond the 6th year before the labor certification has been pending for 365 days.
 
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