I-140 advanced degree RFE

[new_info_seeker]

I would appreciate any insight or info with the situation below.

I have LC cleared in perm under EB2 from NSC, my 140 is applied here too.

I have received a an RFE for 140 stating as below

1) To establish that the alien is a professional holding advanced degree, you must submit
An official academic record showing that the alien has a u.s. advanced degree(or a foreign equivalent degree); or
An official academic record showing that the alien has a US baccalaurete degree or a foreign equivalent degree, and evidence of in the form of letters from current or former employer showing that the alien has atleast 5 years of progressive post baccalaurete expereince in the speciality.

2)Submit ETA Form 9089 "Application for permanent employment certification" certigfied by the depratment of labor.The ETA Form 9089 must be certified by the DOL prior to the filing of the application.The form filied with the petition has not been certified.

I have an Engineering degree from India in Civil Engineering, and i have experience over 6years(in software), the degree certificates and work experience letters are in order and i had submitted it during both my LC and I-140 filing.
My lawer says this is an easy rfe to reply back and not to worry, but i am and dont know how critical this is. and info/help or sharing similar experiences in this regard is highly appreciated.

BTW the case 's worked by NSC/mhi EX218

 

[jumbo12]

where is the problem/

I don't see a problem with your case. Just provide what you have been asked.

1) If you have US advanced degree (Master, or PhD) or foreign equivalent or you have a Bachelor plus 5 or 6 years of progressive experience. Any one of the 3 will help.

2) They are asking you to provide your 9089. They are just requesting the original of your Approved perm. 9089 is also the name of the perm application.


So now where is your problem. If you have those elements just provide them and they will approve your case. According to the law if you establish the basis of your eligibility I don't see why they will deny your case.

Good luck.

 

[lambda]

I did not get second portion of RFE. Did you apply for I-140 without PERM approval? or did your lawyer just forgot to attached the PERM approval letter?

 

[lambda]

Also, did you not submit your BE degree and 5 years of experience letters in the first place? I am sure any lawyer with decent experience would have done both.

 

[medan_raj]

Hi,

If i had a break of 3-4 months between the job, does it affect the 'progressive experience'.

I have 6 years experince before LC PD, but i had a break of 3-4 months between the jobs.my LC requires 5 years .will that create a problem?

Pls let me know.

Also, did you not submit your BE degree and 5 years of experience letters in the first place? I am sure any lawyer with decent experience would have done both.