I140 Rfe - Urgent

[I140user]

Gurus,

I got the below RFE

A review of the form ETA - 750 that you have submitted in support of the petition does not clearly show that the position offered qualifies as an E21 postion.

....
....

Blocks 14 and 15 do not specify that a minimum a masters degree of a bachelors degree plus five years of progressive work experience is required for entry into the postion. Therefore, the position does not appear to qualify for E21 purposes.

USCIS has given me the option of changing the preference classification.

Has anyone received a similar RFE?? What are my options??

EAC03140XXXX
ND 04/04/03
RFE 04/14/04

Any help is appreciated !!!

 

[gcwaiter_74]

Seems like your case was applied in EB2 and now INS is saying that its not valid in EB2 and can be processed under EB3. This is what I understand..
Good in a way that they gave you an option of changing the classification.
Did you have a masters or 5 yrs of experience at the time of applying for Labor certification?

 

[zbcx123]

One related question...

If the beneficiary really has the Master degree at the time of Labor applicatoin, can INS still question the validity of EB2 category?


Cheers

 

[Jharkhandi]

Originally posted by I140user
Gurus,

I got the below RFE

A review of the form ETA - 750 that you have submitted in support of the petition does not clearly show that the position offered qualifies as an E21 postion.

....
....

Blocks 14 and 15 do not specify that a minimum a masters degree of a bachelors degree plus five years of progressive work experience is required for entry into the postion. Therefore, the position does not appear to qualify for E21 purposes.

USCIS has given me the option of changing the preference classification.

Has anyone received a similar RFE?? What are my options??

EAC03140XXXX
ND 04/04/03
RFE 04/14/04

Any help is appreciated !!!

It is harmless to change your classification - get it done ASAP.

 

[Jharkhandi]

Originally posted by zbcx123
One related question...

If the beneficiary really has the Master degree at the time of Labor applicatoin, can INS still question the validity of EB2 category?


Cheers

Yes.

 

[gcwaiter_74]

If we change the classification from EB2 to EB3 , will they put the application back in EB3 queue or will they adjudicate immediately?
If they put it back in EB3 queue, is there a chance of 1 more RFE being issued again?
Can they issue multiple RFE's for a single 140 application?

 

[Jharkhandi]

It wil be put in EB3 queue, which is close anyways(verify with your lawyer). There can be RFE on other issues. They can generate multiple RFEs for one 140 application.

 

[I140user]

I140 RFE

MY LC was approved for the position with a Bachelors Degree and a couple of years of experience. From what I understand
the I140 cannot be filed in EB2 even if I have a Masters or Bachelors plus 5 years with the above LC. What do you think guys?

If I move it to EB3 will I still retain my notice date of 4/4/2003?

 

[stt_1971]

You will be fine ask you Attorney to change it to EB3

I was in the same boat like u, my attorney did a mistake and filed it in EB2(It was just a check box on the application) , My labor is for EB3, But we send an ammendment , and uscis then put me back in EB3 , which got approved in regular EB3 que on feb04 .

If I were u I will review all the applications submitted, and do the required changes to that. In a way you are lucky for the RFE.

Change it immediatly to EB3

 

[zbcx123]

Guys,

Since the discussion is on, I was wondering if I could get a question answered...

LC says the requirement is Masters + 1 yr experience in job offered.

Job Description : experience with SIEBEL CRM Integration tools/ Other ERP integration tools/ C++/ Java/ HTML /Oracle etc....


Would the above LC be eligible for I-140 EB2 category?

Cheers

 

[I140user]

Thanks stt_1971 that was a valuable information !!