I-140 RFE on Education

L

lector007

Registered Users (C)
Hello Everyone

Thanks in advance for reading this. I am deeply impressed with the enormous amount of knowledge and experience that most members of this forum possess and I would appreciate your advice and guidance.

My Background:

My H1 is set to expire in April 2005 - this will max out the 6 years that I can stay. Currently, my attorney is planning to file my 7th year H1 extension (with EAD/AP as additional options) in mid-October 2004.

My firm had applied for my 140/485 concurrently in October 2003 after having earlier received my LC in June/July 2003. The category is EB2. I had applied at the VSC

I have a 3-year B.Sc Math with 1 year of additional PG Diploma in Management and my original 140 application had included an eval equating this to a US 4-year degree.

I have been recently issued with an RFE that reads as below:

Begin Quote - The Bachelor degree obtained by the beneficiary is insufficient. The degree is based on a three-year program which is not equal to a United States Bachelor degree. The management diploma cannot be used in conjunction to meet the degree requirements required by the Form ETA 750.

Submit additional documentation that the beneficiary qualifies for the job offer specified in your Application for Labor Certification (Form ETA 750A). This documentation should show that the beneficiary has the required as of the time of filing this petition - End Quote

I don't have the ETA 750 A with me and I'm not sure what was exactly said in it. However, in response, my attorney plans to respond with 2 more evals (including one from Trustforte) and essentially argue that I do meet the standards.

I have the following questions:

a) What is the probability/possibility that the 140 will be denied despite this ? My attorney is saying that this should work.

b) Any other argument or option that you think we should use ?

c) Worst-case, if this is denied despite all this, what are my options ?

d) Will my 7th year H1 extension be a problem if this 140 is denied ? Reading the other posts in the forum is reassuring - nobody seems to have forced out but I am still worried....

Tx, lector007
 
unitednations said:
With regards to c and d

Other options would be to file another labor with the correct wording in column 14 and 15 (this is a good back-up plan, I would consider starting it now as you don't want to lose valuable time).

Since your labor is more then 365 days old you are eligible to file 7th year extension. However, you cannot do it until six months prior to expiry of 6 years. If they deny your application but you appeal you will still be eligible for 7th year extension as long as the appeal isn't denied prior to approval of 7th year extension.
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Hello Unitednations

Thanks for your v detailed reply... will research this further as advised..

The backup plan is a good idea but a couple of questions..

First, what happens if my H1 extension application and the appeal rejection (worst-case) happen in the same time frame ? Second, if my H1 extension is turned down how does having a new Labor appln help - I would not have one year on it by April 2005 ?

Do you know of anyone who had to - very unfortunately - have to go through all of this ? I hope not :)

Tx, lector007
 
Hi lector,

my case is very similar to yours so much so that in fact I thought I was reading my own case. The only difference being that I am Bsc electronics and have a 1.5 yr diploma from NIIT. My lawyer has responded to the RFE with an edu eval by Trustforte. He also has petitioned that in case they are still not OK to reclassify me as an EB3 case. I will maintain priority date according to him. I have responded to the RFE on 12th Aug. and am still waiting. No news.

Just have to wait and see.

In my RFE also they had mentioned that though they accept my "equivalence" it is good only as they call it "functional equivalence" for H1 not for GC.

I have put my trust in the lawyer. He seems to be thorough.

Rgds,

Yeppo
 
140 RFE on Education

Hello Yeppo

:)) I guess there's some solace in shared misery..I'll be speaking to my attorneys next week and will keep you posted...I take it that you have also been reassured that there's nothing to worry by your attorney ?
 
Working in column 14 and 15

Yeppo -

Which service center you have applied from?

When you applied?

What is in the column 14 and 15 in ETA 750A form? You check it there first. If it is written there proper wording then there is no problem in 'equivalent'.

Thanks,
 
140 RFE on Education

Hello Unitednations

Thanks for the clarity - that's what I thought. Meanwhile do you know how long it takes on average for a 140 denial to be appealed and then ajudicated ?

Tx, lector007

Thanks again Yeppo
 
140 RFE on Education

Hello Unitednations

Thanks for the response...I hope that I don't have to go all the way and this is soon resolved...

Best Regards, Lector007
 
Hi All (UnitedNations, Goodluck_140, Yeppo)

I got my 140 approved on September 28th after submitting my response to the RFE earlier. Thanks so much to all of you for your good wishes and expert advice and above all, for your patience to read through my posts.

Onwards to 485..

lector007
 
lector007 said:
Hi All (UnitedNations, Goodluck_140, Yeppo)

I got my 140 approved on September 28th after submitting my response to the RFE earlier. Thanks so much to all of you for your good wishes and expert advice and above all, for your patience to read through my posts.

Onwards to 485..

lector007
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Congratulations !!.

Could you please post, the dates you got your RFE, date you responded, LUD's after that and when it got approved (Spet 28th 2004)

Thanks
 
Hey Lector,

Way to go man.

Congrats !!!

I am really glad that the education RFE's are getting treated kindly on RFE reponses. No disrepect meant to my 4-5-6 year degree colleagues but we all have to slog as hard at our various workplaces and the last thing we need is to get stumped at the 140 stage.

UN,

Thanks for looking out for us.

Yeppo

BTW : I got approved on 28th September too. What's with that. I propose we declare it as the RFE Free day
 
Great News!!!

Great News Folks,

This gives me a great confidence on my case. Thanks very much for Yeppo, lector, UN and all. I have B.Com 3 year degree + 2 year diploma which is evaluated as US degree equivalent. My lawyer is not willing to provide the details of ETA 750A. Hope I shouldn't see any problem on my case responding to RFE's or appeal or etc. Please let me know if there are problems. Thanks.
 
140-RFE on Education

Hi Guys

My response to the RFE was acknowledged on the website on the 14th September (within a day of despatch - they are quick). I was checking the site daily and on September 29th saw that they had approved it the previous day, Sept 28th. Essentially the website reflects the previous day's stats.

I was lucky to have an attorney who shared with me the ETA 750 A (which had the magic words "..US Bachelor's degree OR EQUIVALENT" ) and which proved to be the basis for arguing along the lines already familiar to all of us on this thread. The attorney's cover letter was not the usual 2-pager. At my insistence we spent some time carefully reviewing the language several times over - not sure if it helped or not but I had some peace of mind that the final effort was reasonably OK.

I had two independent evaluations done - both reconfirmed my US Degree status (ICETS and Trustforte). To be on the safe side, we also got another attorney to attach an opinion on the Diploma itself - how it compared with similar with similar US Diplomas (for the better, i.e) and why it makes sense to consider the combo equivalent to a US degree.

Am happy that this finally worked out..

Congratulations, Yeppo, I heard you are also through..

Tx, lector
 
140 RFE on Education

Yeppo,

I should have read your post more carefully... :) Great news, yes, I completely agree - Sept 28th will be a hopefully be a RFE-free day henceforth..I'll raise my glass to you.

Tx, Lector
 
Congrats Lector,

Just one point. Please Clearify...

Did you change the category from EB2 to EB3?
I am asking this because you mentioned that the 750 A form had the word "Bachelors OR Equivalent" .
Doesnt EB2 require a Masters Degree?

Regards.
 
vicky007 said:
Congrats Lector,

Just one point. Please Clearify...

Did you change the category from EB2 to EB3?
I am asking this because you mentioned that the 750 A form had the word "Bachelors OR Equivalent" .
Doesnt EB2 require a Masters Degree?

Regards.
Click to expand...

Vicky,

Nope..We left EB2 unchanged. The attorney felt, and I agreed, that changing the category would signal that the case was perhaps not strong.

No, EB2 doesn't require a Master's automatically - a bachelor's usually does the trick and Master's are always welcome. Usually employers can make do with lesser work experience IF the employee has a Master's when using EB2
 
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