My 140 got approved today.

A

at0324

Registered Users (C)
I am very happy to tell you that, today I got email from USCIS saying that my I-140 got approved.

I got 2 I-140 RFE’s. gone through almost all kind of issues (Ability to pay, Education, EB2 vs EB2).

Thank god now I am out of this problems. I moved one more step closer to real freedom.
 
Hi At0324,
Congratulations, can you please share what kinda RFE you got about EB2 vs EB3 category and what response your attorney sent. I got NOID saying that my case don't qualify for EB2 (based on ETA requirements). My attorney (not much competent, and I have no choice, can't change attorney) is preparing response but I am much worried about my case.
 
md_doc said:
Hi At0324,
Congratulations, can you please share what kinda RFE you got about EB2 vs EB3 category and what response your attorney sent. I got NOID saying that my case don't qualify for EB2 (based on ETA requirements). My attorney (not much competent, and I have no choice, can't change attorney) is preparing response but I am much worried about my case.
Click to expand...
Hi md_doc,
I do qualify for EB2 but still I got RFE.

Here are my details:
My Labor Certificate column 14, Major Field of Study has as follows.

Section 14. Sate in detail the Minimum education, training experience for a worker
to perform satisfactorily the job duties described in item 13 above.
College = 4
College Degree required = B.S
Major Field of Study = Computer Science / Engineering, or a closely related scientific discipline

Experience Job offered = 5
Related Occupation = 5
Related Occupation = Programmer/Analyst, Programmer


I Have:
But i have 17 years of education(10+2+3+2 = 17) form India. And have more then 5 years of experience before working for current employer.

2nd REF:
Got 2nd RFE saying that ETA NOT is clearly mentioned about 5year of experience. Because of that I am not qualified for EB2.

Answer to RFE:
My attorney answered RFE saying that.
ETA has Experience Job offered = 5 which is enough to make qualify for EB2. And also mentioned that if officer is not satisfied with the answer we are ready to
Transfer from EB2 to EB3 and amend 485.
Looks like officer satisfied with the answer and approved my 140.

I hope I answered your question.
 
Thanks, at0324, you provided more than enough info. I am in almost the same situation ( objection on ETA requirement and category) and my attorney is thinking to reply on the same lines. But I didn't gor RFE.... I got NOID. If INS won't be statisfied and will adjudicate my case under EB3, I will have to file amended I-485. Thanks again for sharing your case.
 
You must log in or register to reply here.
Top