I-140 RFE - Educational Qualification

V

Venkatadri

New Member
Hi,
My I-140 receipt date is Aug'2003, NSC.
I got RFE recently. It says, in the LCA , the educational requirement is 4 years B.S degree in Computer science or equivalent. But i have 3 years Bachelors degree in science and 3 years Masters degree in computer applications. A combination of degrees for the 4 year B.S degree requirement is not acceptable for NSC.

Any suggestions on responding to this query?.

Iam in my 7th year extension. If they deny my I-140, does my 7th year is valid?.

If i file new LCA, Can i go for the 8th year extension based on my previous approved labor?.

My attorney is working on responding to the RFE, and also for other options.

Is it possible to change the service center ?.

Thanks a lot
 
When you filed for your 140, did you attach the education evaluation with it ? If not, make sure that the education evaluation says that your education is equivalent to the 4-yr bachelors degree. This is a common RFE due to the inexperienced officers at INS, who don't look into the documents fully.

Your 7th year extension is okay for now. Once your lawyer sends a response for the RFE with all the paperwork, everything should be okay.

If you file for a new LC, there is no 8th year extension I believe. INS can not extend the H1 for LC filing, but for the 140 application. But let us hope this situation does not even come up. I hope you are in good hands, and expect for positive things.

Good luck!! You can not change the service center, unless you change your company.
 
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