I140 RFE Please help !

4

485waiter1

New Member
Guys,
Please help me in my case.
Priority Date - Nov\'96
I-485 RD AUG 10,99
I-485 ND AUG 30, 99

Amended I-140 Sep\'2000.

I got a RFE for my I-140. Here are the details in the notice :

"It has been determined after review that an advisory evaluation of the beneficiary\'s formal education must be obtained before a decision can be made. This evaluation is necessary to determine the level and major field of educational attainment, as described in the supporting documents, in terms of equivalent education in the United States. The Immigration and Naturalization Service does not endorse or recommend evaluators. Many private individuals, organizations and educational institutions provide this service. An acceptable evaluation should--

Consider formal education only, not practical experience;
State if the collegiate training was post-secondary education, i.e., whether the applicant completed the U.S. equivalent of high school before entering college;
Provide a detailed explanation of the material evaluated;
Briefly state the qualifications and experience of the evaluator providing the opinion."

Guys,
I don\'t unserstand how can I get RFE for I-140 since my I-140 is already approved. After that only, I filed I-485. Does anybody has experienced this ? Can you tell me evaluators name, phone no, How amy days it take and what documents needed ? Just copies od orignal makesheets are fine ?

Please Help !
 
No Title

I think this is quite common these days; if you post in the I140 forum you\'ll definitely get some good pointers.

But for the sake of this forum, could you please post some details here?

1. Did you file I140 in response to an RFE or in anticipation of one?

2. Didn\'t you enclose a copy of the previously approved I140?

3. Didn\'t you mention that this was a redo?
 
No Title

Answer to your question
(1) Yes, I filed i-140 in anticipation of one ( Change of Employer name )
(2) Yes,
(3) Yes, that was a redo
 
No Title

Thanks for the answers. I think this RFE is triggerred because you probably don\'t have a degree from an american univ. If you filed your original I140 much earlier, they weren\'t too particular about this then, but now VSC has become very picky. You can try arguing with VSC about your I140 being already approved for same job, etc but just providing them with the documentation they have asked might turn out to be equally fast.

I don\'t think this is serious but you should be able to get some pointers from the I140 forum. Also, try www.isn.org and www.immihelp.com and www.imminfo.com.

BTW, Could you please also mention your original I140 ND and AD, RD/ND for 485, EB category and country?

Sorry I couldn\'t be of much help, but hopefully you\'ll get the necessary information from the above pointers.
 
No Title

My guess is that INS is treating your amended I-140 as a new I-140, although that doesn\'t make sense if you did attach a copy of the earlier approved I-140. Has there been any substantive change in terms of job description and requirements between the two I-140s?

My suggestion would be to provide INS the information they are asking for. And, did you not get your educational credentials evaluated when you filed your first I-140?
 
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