I-140 Rfe

G

gadda24

Registered Users (C)
Hi,

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.

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
 
gadda24

1] Did you (or your attorney) submit an independent equivalency evaluation of your 4-year BE Degree with your I-140 application ? Many 4-year degrees courses are equivalent to BS CS... like Electoronics & Comm.. or Electical.. etc.

2] As far as your MS degree is concerned, it should all add up. So, the best would be to send all your credentials to an independent evaluation agency and get a couse by course evaluation (detailed one).

3] I think.. for the financials part of it.. companies tax returns or certified statement of accounts should be alright. I don't think you should do anything with the reports given by your company like CPA evaluation etc.. (If the company has CPA certified accounts statements or financial results that is fine). In my case, I have submitted the company tax returns.

All the best. Take advise of your attorney.
 
hi there i have similar RFV, which also includes my recent paystubs.

I got this RFV in nov 2003 and i was not working(bench) from sept so what should be my next step, my employeer put me in payroll from this week onwards, 4 paystubs will go till mid january, can we reply to RFV query in mid january(end date feb 9th) keeping these paychecks as recent(4 paychecks).

Kris
 
kghantaji, I am sorry to say, but I have no idea on what you are talking about. It would help if you elucidate a bit. I personally never heard of a RFV.
 
My RFV details,
1. Educational Qualifications
2. Ability of the company to pay my salary
3. W2 2001 and 2002
4. recent pay stubs.

I got this rfv on nov 13,

1.I have re-evaluated my educational qualifications
2.company is providing all the required documents about the ability to pay my salary
3. i have got w2 for 2001 and 2002

the problem is answering 4th part.

they need recent paystubs that should be october and november paystubs.

I am not working(i am in bench) so i dont have any paystubs for those months, i got the project now and i am in the payroll from dec 8th onwards, to get atleast 4 paystubs, i have to wait untill mid january.

can we reply to that RFV in mid january(end date feb 9th)

do they still ask the paystubs for october and november.

Kris
 
kghantaji, Please see below. I don't think you can get an extension to reply for the RFE.

Requests for Evidence (RFEs):

The applicant/petitioner has 12 weeks to respond. During that time, s/he may:

Submit all of the requested evidence,
Submit some or none of the requested evidence and ask for a decision based upon the record, or
Withdraw the application or petition.

NO extension of this twelve-week response time is possible. Please also note that NO interim benefits will be granted during the time waiting for additional evidence to be submitted. If a response is not received within the time limit, the case will be considered abandoned and denied; the denial may not be appealed. NOTE: IT IS EXTREMELY IMPORTANT THAT THE LETTER REQUESTING EVIDENCE BE RETURNED WITH THE EVIDENCE AND THAT THE SPECIAL MAILING ENVELOPE PROVIDED BE USED. FAILURE TO DO SO WILL DELAY PROCESSING OF THE CASE AND MAY RESULT IN A DENIAL DUE TO ABANDONMENT. Evidence submitted without the letter and/or proper return mailing envelope will be difficult to match up with the pending case and may be treated as general correspondence.
 
i am not asking for any extension, am applyiing well within the end date, and they are asking for most recent paystubs, they did not mention how many of them, can you guys tell me how may paychecks we need to send to them.

kris
 
guys,

sorry to post this again, I want to dbl check, are 3 paystubs enough or do we need more??, coz if 3 paystubs are enough then i get 2 weeks in buffer.

thanx and appriciate your responses
 
I would submit the latest 2 paystubs unless USCIS has asked specifically that they want to see X number of paystubs.
 
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