I-140 RFE and question

G

GC_Kaavaali

Registered Users (C)
I-140 RFE question. Please Respond!!!!!!

Hi,
I have received an RFE on I-140 for Education evaluation and experience.

Details:
Labor filed EB2 August 2001.
I140 and 485 concurrently filed on 09/30/2003.
RFE issued on I-140 06/07/2004

Labor says
Degree: Masters*
Major: Engg or Comp Scie or Math
Experience: one year in the computer related field.

*Bachelors and five years of experience will accepted in lieu of Masters.

I have a Bachelors in Mechanical Engineering completed in Jan 1996.
Experience from Aug 1995 to July 2001.(6 yrs).
5 months of Experience is before the degree was awarded.

Question:
Can the experience before the Bachelors degree was awarded be counted towards the labor?

Thanks,
GC_Kaavaali
 
Last edited by a moderator:
Update

I just spoke to a person in my lawyer's office and she says that they have not submitted my experience before my degree was awarded as the labor mentioned:

* Bachelors with five years of experience will be accepted in lieu of Masters and one year of experience.

So, according to them I have 7 months more than required experience i.e 5 years with Bachelors.

Would BCIS agree to this?
Would they consider Bachelors with 5 years of experience equal to Masters and one year of experience as it was stated in the labor?

Please respond.

Thanks,
GC_Kaavaali.
 
My thinking

Hello,

Sorry to hear the REF. As for my thinking, I would say that the REF may not be for your experience. Rather, I think the REF is for your degree. Is your Bachelaor's degree in ME a 3-year degree? Have you submitted a degree evaluation to equate your degree to a Bachelor's degree in the US? Note that if INS does NOT agree that your BE is equal to a US Bachelor, then your case is not strong.

There is actually another hole in your labor!!!

Your lawyer mentioned "will accept BS + 5 years in lieu of MS". There is a HOLE is this statement. The lawyer did not specify "BS equivalent" !!!!!!
(he should say "will accept BS or BS equivalent + 5 years in lieu of MS")
Actually all foreign degrees (including yours) can ONLY be stated as "equivalent" of a US degree. So if this is the problem, your case does not even have a base.

Please post the EXACT wording of your REF and I may be able to give more suggestions. Thank you.
 
Exact RFE wordings

allaboutgc said:
Hello,

Sorry to hear the REF. As for my thinking, I would say that the REF may not be for your experience. Rather, I think the REF is for your degree. Is your Bachelaor's degree in ME a 3-year degree? Have you submitted a degree evaluation to equate your degree to a Bachelor's degree in the US? Note that if INS does NOT agree that your BE is equal to a US Bachelor, then your case is not strong.

There is actually another hole in your labor!!!

Your lawyer mentioned "will accept BS + 5 years in lieu of MS". There is a HOLE is this statement. The lawyer did not specify "BS equivalent" !!!!!!
(he should say "will accept BS or BS equivalent + 5 years in lieu of MS")
Actually all foreign degrees (including yours) can ONLY be stated as "equivalent" of a US degree. So if this is the problem, your case does not even have a base.

Please post the EXACT wording of your REF and I may be able to give more suggestions. Thank you.
Click to expand...


Submit additional evidence to establish that the beneficiary possessed the required master's degree or equivalent in engineering, computer science or math and one year of experience in the job offered (software engineer) or one year experience in a related occupation ( any computer related profession) as of August 13, 2001, the date of filing.

The evaluation of the beneficiary's education submitted by you is insufficient because the evaluator included the beneficiary's two months of training from "X" and "Y". These programs do not appear to be equivalent to education from an accredited institution in the United States. An acceptable evaluation should :
1) Consider formal education only, not practical experience;
2) State if the collegiate training was post-secondary education, i.e, whether the applicant completed the United States equivalent of high school before entering college;
3) Provide a detailed explanation of the material evaluated;
4) Breifly state the qualifications and experience of the evaluator providing the opinion.

Ther Service acknowledges that a bachelor's degree plus five years of progressive work experience may be accepted in lieu of a master's degree. The Service further notes, an additional year of experience is required, based on the ETA 750 of record. Therefore, not including training from "X" and "Y", to qualify under this ETA 750, the beneficiary must document 6 years of work experience along with the bachelor's degree. Based on the date the bachelor's degree was awarded, January 1996, the beneficiary would not qualify as the priority date is August 13, 2001, five years and seven months after the degree award.



Evaluation should be fine as I have a 4 year degree from Osmania University which is recognised University and accepted in the United States.

I am just worried about the experience. As my attorney did not send my experience letter which was prior to the date degree was awarded while filing I-140, can he send it now? With that letter I will have the 6 years of experience BCIS is questioning about.

Should the experience for EB2 with Bachelors start only after Bachelors or can be from the last sem of Bachelors?

Thanks,
GC_Kaavaali
 
Please Respond!

Guys,
Anyone in similar condition as mine or knows any info please respond.

Labor details:
Degree Required: Masters*
Major: Engg or Comp scie or Math
Experience: 1 year in Computer related field.

Item B:
*Will accept Bachelors with 5 years of experience in lieu of Masters and one year of experience.

The Notice of Job in my Labor states the same that Bachelors with 5 years of experience will be accepted in lieu of Masters and one year of experience.

Now there is an RFE about Education Evaluation and Experience to prove that I have 6 yrs of Experience before the Labor was filed.

I have 5 years and 5 months after the degree completed and 5 months more before the degree was completed.

Would this be enough?

Please Respond!!!!!!


Thanks,
GC_Kaavaali
 
I-140 Approved

I-140 has been approved on July 15th. RFE response received was 07/06/2004. Approved after exactly 7 working days.
 
Thanks!

RoaringBull said:
Congrats ! Now you can change your ID to "GC Vachesindi"!
Click to expand...

Thank You!
I wish I could change it to GC Vachesindi, but I still have to wait for FP and than 485 Approval. Another journey to do.
 
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