I-140 RFE Evidence that the alien fullfilled special requirements - Please Help!!!!!!

R

rakeshkallem

Registered Users (C)
Hi All,

I got a RFE on my I-140 application.

"Submit evidence that the alien fullfilled the special requirements in Section II item 14 A of the labor certification."

Here is my situation:

1. I started working with company ABC on H-1B since 2003 with "XYZ" title.
2. In 2005 the employer separated it's software division and my job title changed to "Software Engineer."
3. The same employer sponsored my Greencard.

Question is:

1. Does the experience and the training I underwent with title XYZ count for this RFE? The roles for the job are pretty much the same.

2. I also worked as an intern for the same company for 6 months. Does this experience and the training count?

3. I have worked an intern for another employer for 6 more months prior to joining as an intern in greencard sponsored company. Does this experience count?

Please advice me on it. Thanks a lot for your help in advance.

Thanks,

Rakesh
 
Experience gained from same employer before filing labor certification cannot be included. If there was a break in employment, and title changed, then this could be considered.
 
Thank a lot for your feedback.

My labor application was filed under EB2 category following were the requirements. Please suggest me on what documentation I can provide.

4. Education: Minimum Level Required -- Masters
4-B. Major Field of Study -- Computer Science or equivalent
Is training required for the job -- NO
6. Is experience required for the job -- NO
7. Is there an alternate field of study that is acceptable -- NO
8. Is there alternate combination of education and experience that is acceptable -- Yes, Bachelors with 5 years of experience.
9. Is foreign education equivalent acceptable -- NO
12. Are job opportunity's requirement normal for the occupation -- Yes
13. Is knowledge of foreign language required to perform the job duties -- NO

14. Specific Skills or other requirements -- Regulated process industries, cGMP, 21 CFR Part 11, Documentum, Java, JFC Unit, XSLT, SQL.

I worked for this company for the past 4 years. I first 2 years I worked with title of Software Validation Engineer. After 2 years the company spun off a separate software division with a diff company name and my title changed to Software Engineer. The newly formed company is wholly owned by the parent company.

The question here is, the skill set mentioned in point 14 is gained by me during my first 2 years working with the parent company. Can I use is as a qualification?

Thank you in advance for your help.

Regards,

Rakesh
 
Your LC says no experience required so they want to know how did you get all the skills mentioned in 14.

Can you please post when and where did you file I140?
 
Thank you hxshet

Does this mean that the skill set I have does not have to be from any previous employment right?

I have gained that skill set working with the same employer for the past couple of years. I can show this as a proof right?

Which means all I have to show is I have performed tasks related to the special requirements before October 2006 (labor was filed in October 2006).

My application is being processed at Nebraska service center.
 
rakeshkallem said:
Thank you hxshet

Does this mean that the skill set I have does not have to be from any previous employment right?

I have gained that skill set working with the same employer for the past couple of years. I can show this as a proof right?

Which means all I have to show is I have performed tasks related to the special requirements before October 2006 (labor was filed in October 2006).

My application is being processed at Nebraska service center.
Click to expand...

You need to show your experience from peevious employer. Experience you ganined from current employer won't count.
When did you apply for I140?
 
Do I need to show experience? I-140 didn't require any experience as we said NO for "Is experience required for the job"

The RFE says "Submit evidence that the alien fullfilled the special requirements in Section II item 14 A of the labor certification before October 2006"

Item 14 is about special requirements. Do I have to show that the special requirements I have is from other employer? If the skill set I gained is from the current employer, it does not count?

I filed my I-140 in Feb 2006.
 
What is your degree? Is it bachelor's or Masters?

Looks like it is bachelor's, so you need to have 5 years of experience excluding current employer (before filing of Labor certification).
 
Hi
If u got any training abt that spl skill in ur MS u can show that.Ur company is in different name and u got different job title so urs wont be much problem just explain them how u got traning and everything.Because there is no need of exp for ur job it wont create big problem.

discuss with ur lawyer


rakeshkallem said:
Please provide some feedback on my situation.
Click to expand...
 
Hi Guys, My I-140 has been approved. The RFE was received on Nov 29th and was approved on Dec 17th. I just collected the approval notice from my attorney.
 
hi

I got same RFE.Could you provide me direction what document you provide to show skill you gained?

thank you
soop
 
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