I140 approved on Jan, then RFE on June, help!!!

D

doggiefrank

Registered Users (C)
My EB2 LC I140 got approved on Jan after upgrading to premium process. Then on June (guess during their certain review of old approved case), they
send RFE for my I140. Cannot believe that! Has anyone ever heard of this
situation? Our company lawyer would not release the details of RFE, but
after I pushed hard they released that INS are questioning whether an MS degree is required for my position. Gosh, isn't it the job of DOL?!

Anyone can help? Thanks a lot.
 
Please let us know what is your labor requirement and What is educational background? .
At I-140 Level USCIS will look at two things.
1.A2P
2.Education requirement for the Job.
 
Thanks for your reply. Our company didnot release any of those info to us,
like copy of labour application, copy of approved I140. I think my job title is
firmware engineer, but the requirement at that time was MS+3yrs experience.

I understand that maybe the requirement didnot match very well, but it is
up to DOL to make decision. (Whether the position needs MS+3yrs exp)
And how come they approved my I140 6 months
ago and then challenged it after 5 months. If they sent RFE earlier, I would not
use EAD and AP. Now I am forced to make an H1B appointment overseas.

As to A2P, 2 of my senior coworkers got approved around March time.
 
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DOL and USCIS follow there own standards for Education.

Per se if the education requirement for the Job is Bachelors Degree.
and If the person have 3 years degree DOL fine and approve's the labor.
when it comes USCIS at I-140 stage they look for 4 Years Bachelors Degree.
Since 3 year Bachelors Degree is not Equivalent to 4 Year then they will deny the case.
 
Status change

Did the status change on your approved I140? Just curious since I see some LUD on my approved I140 recently ( nearly after 16 months after approval).


Thanks.
 
now it changed to "RFE received, case resumed", but the status never
changed from "approval" to "RFE sent". Before "RFE received", it always
reports "approval" even with several LUDs.
 
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