I-140 Education RFE

K

kachnar

Registered Users (C)
I have a three year BSc degree (Chem)plus 2 years Advance deploma in computers plus 14 years of computer experience. My

application was files under EB2. I have received a 140 RFE for education equivalency. Can I only reevaluate equivalency and

respond? Can I change my category plus reevaluate equivalency and respond?

Which is the better and/or acceptable option?
Can you recommend equivalency agency?
 
kachnar said:
I have a three year BSc degree (Chem)plus 2 years Advance deploma in computers plus 14 years of computer experience. My

application was files under EB2. I have received a 140 RFE for education equivalency. Can I only reevaluate equivalency and

respond? Can I change my category plus reevaluate equivalency and respond?

Which is the better and/or acceptable option?
Can you recommend equivalency agency?
Click to expand...
Is it a substitute labor? In any case you do not qualify for EB2 from a layman's point of view. What is the word on RFE? Have they given you option to change it? Which service center you have filed in? Please put as many details about your case as you can - sometimes you may miss obvious points too and maybe detrimental.
 
Sorry to hear about the REF...

please provide the detail wording of the REF and the detail wording of ETA 750 item 14 & 15, as the wording is very important.

If sufficient detail is not provided, wrong advice may actually harm your case. Thank you for sharing.
 
Guys , My Attorny has refuesed to share the RFE document with me due to my employer's policy. However the essence of the RFE is my education degree does not match with the 4 year degree mention in the LCA.
It was filed in EB3.
ETA 750 says
#14 Bachelor's *
grade school = 8 years
Highschool = 6 years
College = 4 years

# 15 says
* In lieu of Bachelor's degree will accept the equivalent work and education experience combined.

Attorny is suggesting not to respond RFE and file new LCA in RIR immidiatley since my H1 6th years is ending by Mar 2005.
Should I take a chance to respond the RFE with reevaluation ?

what do you think and suggest. I sincerely appriciate your help. Many thanks !!
 
kachnar,

I was in a similar position with the I-140 Ed. req. When the RFE was issued by CSC, the attorney's overlooked the fact that the adjudication officer has not considered the options in my LC which stated "Will accept foreign education, work experience and professional training deemed equivalent to BS". They just got a new set of Ed. credentials evaluated and sent the same to CSC. My case was denied.

When we received the RFE the attorney's felt that a new LC had to be applied immediately and the process was started by my company. But, they responded to the RFE.

Later, the attorney's realised the mistake and appealed the denial and the same was approved in 6 weeks.

FYI, we responded to the RFE on Oct 6th 2003 and CSC issued a denial on Oct 15 03. They are pretty fast when it comes to denial.

My personal opinion is that you should respond to the RFE. You have a strong case here. My guess is that the officer has overlooked the Column 15. They just look at ed. evaluation and if it states that multiple degrees or experience is considered then they just issue an RFE.

All the best!!!
 
Is it possible that the REF is triggered by the major mismatch? He has a degree of Chemistry but looks like that the LC is for computer science...

What was stated on the LC about the "major field of study"?

With the note on Column 15, it seems that 140 is approvable unless something else is happening...
 
I don't think experience ALONE can equate to a BS in computer science. Did he take a lot of computer courses in his BS? What did the degree evaluation say?
 
Got an RFE today

Guys

I got an RFE today from VSC. They mailed the letter yesterday only.

I dont know its for Education Evaluation or Company Ability to pay.

Worried a lot. :(

I485/I140/I765/I131 - RD 09/30/2003
RFE on I140 - June 22, 2004
 
Thank you all for your help and support.

Congratulation Lcauser on your approved I-140 !!!!

In my LCA the major field of study is written "computer science or engineering"
Does is still make sence?


Could any one recommend an education evaluation agency please ?

Thanks a lot !!
Kachnar,
 
I don't think experience ALONE can equate to a BS in computer science. Did he take a lot of computer courses in his BS? What did the degree evaluation say?


My present education evaluation says that " His education and experience are equivalent to a an individual with a Bachelor degree in Science and Computer Science from an accredited University in the United States"


Thanks to all !!!
 
I would say the REF is due to degree mismatch. Is your BS degree in Chemistry? Hopefully you took some computer-related cources in your BS.
 
Hi all,
I have decided to respond to the RFE but not through my present lawer(he is suggesting not to respond the RFE ).

Can any one recommend a good immigration lawer with whom I can personally discuss my case. I am located at Chicago. Please email me to prajacta@myway.com

Your help is highly appriciated !!!
Thank you all !!!!
 
Last edited by a moderator:
Question for lcauser

lcauser said:
kachnar,

I was in a similar position with the I-140 Ed. req. When the RFE was issued by CSC, the attorney's overlooked the fact that the adjudication officer has not considered the options in my LC which stated "Will accept foreign education, work experience and professional training deemed equivalent to BS". They just got a new set of Ed. credentials evaluated and sent the same to CSC. My case was denied.

When we received the RFE the attorney's felt that a new LC had to be applied immediately and the process was started by my company. But, they responded to the RFE.

Later, the attorney's realised the mistake and appealed the denial and the same was approved in 6 weeks.

FYI, we responded to the RFE on Oct 6th 2003 and CSC issued a denial on Oct 15 03. They are pretty fast when it comes to denial.

My personal opinion is that you should respond to the RFE. You have a strong case here. My guess is that the officer has overlooked the Column 15. They just look at ed. evaluation and if it states that multiple degrees or experience is considered then they just issue an RFE.

All the best!!!
Click to expand...


Hi,
I am in a similar situation as you were. The adjudication officer overlooked column 15 which mentions "Bachelors and five years of progressive experience will be accepted in lieu of Masters and one year of experience". I have 5 years and 5 months of experience before the labor was filed. Mine is EB-2 and the labor states Masters* (Engg or Comp Scie or Maths) and 1 year of experience in column 14.

Rfe was issued for education evaluation and experience to prove that the candidate has 6 years of experience prior to filing the labor as per ETA 750.

We responded to the RFE with Education Evaluation from TrustForte which is a 4 year degree in Engineering, copies of experience letters with progressive format and a copy of ETA 750, with refrence to column 15, mentioning that 6 years of experience is not required.

Any inputs as to what will happen to my case?

Thanks in advance,
GC_Kaavaali.
 
Rfe

I am agree with other members of this forum about RFE. You should response to RFE. Try your best to satisfy them. You can also write a cover letter (along with the evaluation evidence) explaining the value of your degree. You may get lucky. I think you should consult with an attorny other than your present one. You may get good advice. Good luck!
 
value1 said:
I am agree with other members of this forum about RFE. You should response to RFE. Try your best to satisfy them. You can also write a cover letter (along with the evaluation evidence) explaining the value of your degree. You may get lucky. I think you should consult with an attorny other than your present one. You may get good advice. Good luck!
Click to expand...

kachnar,

Refer to the following thread :

http://www.immigrationportal.com/showthread.php?p=837322#post837322

I had given my experience there about responding to RFE.

My educational evaluation was done long back when I applied my first H1B. I think my attorney used the same evaluation certificate. This certificate says that I have a Bachelor's degree (i.e. US Bachelor's degree). My attorney had sent a clear explanation how 'Bachelor's degree or equivalent' should be read broadly to include a combination of degrees. Also explained the education system in India and how it is different from U.S.
 
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