I-140 issues

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gadda24

Registered Users (C)
Hi,

Folks, I apologize for posting here, but I figured people who might have gone through this board, would not visit the I-140 board anymore.

I have a situation. I applied for my Labor in Sep 2002 and my Labor got approved RIR in Mar 2003.
My labor cert said (my attny put it that way) that the min requirement for the Job
Minimum years reqd for degree: 4
Minimum Degree reqd: Bachelors
Major field of Study: Computer Science.

Well, I do not have a bachelors in CS, but do have a 4 year bachelor degree, and as of the priority date, had all my course work completed in Masters in Computer Science (I had finished all the coursework, but did not defend my thesis)

I applied for my I-140 in May 2003 and received an RFE for 2 reasons

1. Educational Qualifications
2. Ability of the company to pay my salary

and USCIS wants to me to furnish me a BS in CS acquired before Sep 2002 - which I do not have. I do have my Masters coursework completed as of that date in CS. Can anyone please suggest in what I should be doing? My attny suggests that I get a letter from school that I did my coursework by the end of 1999 and he says that should be enough. I am looking into getting
my academic credentials evaluated with this company called Trust Forte

http://www.trustfortelanguages.com/LS_academic.htm

to show that my Bachelors in Engg + masters coursework in CS can be equivalent to a Bachelors in CS. I dont know if USCIS accepts this or not. I need advise from people who have been in the same boat as me.

As for the company documentation, my CFO has provided me all the documents. Should I need the documents evaluated by a CPA and get it notarized? I want to file the best possible response, and I need help from all those who have been in a similar situation as mine.


Any information to help me out will be appreciated.

Thanks
gadda24
 
I would get back to the lawyer who filled your Labor cert, and ask him what are you suppose to do now. I am sure he can write up a letter explaining that you meet more than the required qualification for the job.

Getting your company's financial documents certified byt a CPA is a good move. When my lawyer filled my 140, he send in the whole tax returns for last 3 years for the company. Not just the final tax return form, but also the photocopies of the filling forms for the tax returns. I got approved without any RFE
 
If you want to get things certified and notarized by a CPA, you're more than welcome to, although in most cases you won't need to. Your attorney may also want to investigate the option you have if the company is large enough - the I-140 instructions and adjudicator guidance both indicate that if the company has over 100 employees, they are automatically assumed capable of paying the wage. For my I-140, my CFO merely signed a letter stating that we had 350 empoyees. End of story.

Regarding the degree, you have no BS in CS, and I wouldn't try to claim equivalency unless you have no other choice. Was the Master's granted at the time of the LC filing? If so, you're fine since you clearly exceed the requirements for the LC.
 
Thanks for the info. No, my Masters was not awarded at the time of the LC filing. I had completed the coursework required for my Masters Program, except defending my thesis. My advisor even gave me a letter to that extent.

Does this mean I have a lost case? Do you suggest I do not try to get an evaluation done to show that my Bachelors in Engg + Masters coursework in CS might be >= Bachelors in CS?

Thanks for your info anyways. Any avenue you guys would point me to, I will investigate. I really really really do not want to go through Labor all over again, just because of that silly mistake :-(.
 
Originally posted by gadda24
Does this mean I have a lost case? Do you suggest I do not try to get an evaluation done to show that my Bachelors in Engg + Masters coursework in CS might be >= Bachelors in CS?
Click to expand...

Ugh. This might get interesting, because although you didn't have the required qualifications at the time of the LC filing, you certainly do when the I-140 was filed and your name was linked to the LC, right?

LCs are rather specific in their requirements; which is why you want to be really careful to not word an overly restrictive LC that you might not qualify for.

My gut feeling is that if you try to do the equivalency USCIS will take the position that "the LC states BS in CS and no equivalency, so it's a binary situation - either you have the BS in CS or you don't". You would probably have a better shot sending in the MS in CS, since you don't need to start getting cute with them about equivalencies.

The only gray area is that the MS was awarded after the LC date but before the I-140 filing. Usually the disclaimer in my signature is there for legal and cosmetic reasons, since I'm confident that the answers I can give are broadly similar to what a competent immigration attorney would give you. In this situation, I really don't know what the law says. What do the folks in the LC forum have to say?
 
Um... It does look dicey in my situation. I have my Masters thesis complete, but I will not get the degree till next semester (read Jan/Feb types) . I really do not want to get cute with them regarding equivalencies, but I dont think I have a way to go. My advisor has given me a letter stating that as of that date, I did have my coursework completed (now for a Masters, all that is required after the coursework is completed is a defense of the thesis, which takes a long time, in my case was done after moving out of the school into the field), and see I submitted my defense to the school committee and it is up to them to award the degree now.

Now when we apped for my LC, we said clearly in the application form that my Masters is pending, and I have a bachelors in an engineering field. When my LC came through without any problem, I did not even notice it. Only when I got my I-140 RFE did I actually look into it like they did. Since the min req stated for the job is like this:

Years of edu: 4
Degree: Bachelors
Major Field of study: Comp Sci

Since my major field of study in my Masters was Comp Sci, my lawyer put that in the major field of study area. Now BCIS wants a 4 year bachelor Degree in CS, which is kinda bad, as I dont have one. I dont know why they do not accept Masters coursework and letter from the school dean and advisor stating that I completed my coursework. I think I stand a 100-1 chance in this.

Damn I am depressed!
 
Are they really that binary in approving I-140s? Have you heard of anyone being in the same situation as I am? I cannot seem to find any cases related to the same type as mine in the forums.

Damn all incompetent attorneys!
 
Originally posted by gadda24
Are they really that binary in approving I-140s? Have you heard of anyone being in the same situation as I am?
Click to expand...

I have heard cases of LCs being denied because the applicant didn't meet the EXACT criteria, since it is valid to put in "BS in CS or equivalent". The fact that those magic words were not used would make equivalency somewhat dicey.

You're in a tough spot, but your only choice now is to play whatever weak hand you have and see if it makes a difference. I'd try and prove the equivalency, AND tell USCIS that you have completed the coursework for the Masters and are merely waiting for the formal granting of the degree.

In your situation, all you can do is try whatever available avenues you have left, and hope one works. It just might.
 
But since mine is not an LC, but an I-140, will USCIS take objection to it inspite of DOL approving my LC under the current conditions? Just venting...

thanks TheRealCanadian.
 
Do Not panic and confuse with RFE

Don't panic my friend.

Just find a good service center for Educational Evulataion for forigner, and make ur equivalence document. thats all u need.

Even u don't have same education equvalence don't worry make the work experience equvalencey .... thats it.

post some more detail about what Eb??? and detail about ur job discription..... so it would be easy to get solution.


Relax and don't panic with RFE. u just need to prove that u are suitable for this job....... and there are many ways....

P.O.J
 
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