I140 RFE .. Need urgent advice

S

SanJoseIndian

Registered Users (C)
Hello All,
My I140 was applied using a substitute labor. the LCA mentioned
BS+2 years or MS+1 year as a requirement. I have MS+1 year so that is not a problem. But now the USCIS has asked the company to provide information on why the said job requires BS+2 years of progressive experience or MS+1 year.

Any suggestions on why they are asking this kind of question and does this mean they want to make sure my prior exp and studies matches the job requirement ?

How should this be answered ?
 
SanJoseIndian said:
Hello All,
My I140 was applied using a substitute labor. the LCA mentioned
BS+2 years or MS+1 year as a requirement. I have MS+1 year so that is not a problem. But now the USCIS has asked the company to provide information on why the said job requires BS+2 years of progressive experience or MS+1 year.

Any suggestions on why they are asking this kind of question and does this mean they want to make sure my prior exp and studies matches the job requirement ?

How should this be answered ?
Click to expand...

You said your studies match and doesn't appear to be that's an issue, the REF sounds like to compare your experience with experience required for the job. As long as they both match you are fine.

what's your I-140 Notice and receipt date?
 
thanks

Yup. it looks like they want to analyze why a job experience is required for the position. and if my experience matches that requirement.

My I140 ND is nov 16th 2004.

RFE date : May 17th 2005
 
Well, it is quite confusing that same job requires MS + 1 year of experience and at the same time job will do with BS + 2 years.
I don't know much about these things but I guess USCIS may be questioning this fact. But again, if they have to question this, they should have done at the labor stage...
 
microdev1 said:
Well, it is quite confusing that same job requires MS + 1 year of experience and at the same time job will do with BS + 2 years.
I don't know much about these things but I guess USCIS may be questioning this fact. But again, if they have to question this, they should have done at the labor stage...
Click to expand...


When the labor is certified, it also certifies that the job requries BS+2 or MS+1 experience with a list of skills. so it can't be a question of why this job requires this kind of experience since that's already approved, but it's more like a question wheather the person substituting has the experience to fit into this role. The RFE could mean either the labor petition doesn't have clear details on what specific experience requried or the substituted petioner did not explain that he/she has the same specific experience.

some times it's very difficult to understand the RFE's, our interpretations could be completely different from a lawyer. So better to consult with your lawyer.
 
Ya. that's what i thought. they should have questioned the BS+2 or MS+1
requirement at labor stage. I guess now they are questioning the details to make sure that i am actually able to match to the labor. The nightmare continues....
 
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