NSC I-140 RFE Experiances

ropa said:
MY friend got a query for his I140 EB2 case from Nebraska. He has bachelors with 5 yrs of progressive exp. The query is re the exp letters. He can't get the exp letters when filing I 140 ,as the company no longer in business and none of this ex collegues are willing to sign the exp letters. He waited for 5 yrs for his LC and now he is stuck in I140 stage.

Any help from the experts is very much appreciated.
How many companies did he work for? Did he not submit all the experience letters?
 
boreal said:
How many companies did he work for? Did he not submit all the experience letters?

he worked for two companys.He summited the exp.letter but format was not relevent to there standerd :mad:
 
pranamNY said:
he worked for two companys.He summited the exp.letter but format was not relevent to there standerd :mad:
I dont know if they insist on any specific standard.All they want is that it be on the company's letter head briefing about the dates during which the Employee has worked...

What was the text of the RFE?
 
boreal said:
I dont know if they insist on any specific standard.All they want is that it be on the company's letter head briefing about the dates during which the Employee has worked...

What was the text of the RFE?
they do keen on special format. I won't say format but the matter. I think tose days are gone when a simple letter on letterhead with dates would fly. My many frds got RFEs based on exp. letters.

Now a days what they really want is almost a full page worth of letter on company ltterhead with dates, supervior or mgr name and contact and explain in about 5-10 lines about duties person was responsible for.
Those duties should match with requirements in labor .

yes, it getting tough !!
 
to all gurus please help RFE EB1A ASAP

Hi, to all please help
I just got RFE for I140 EB1A ( from NSC).
they asked me accroding to 10 criteria for extraordinary category which three of them you have met, and the evidences that i submited is not enough so please submit more evidences.
2. they ask me to provide some more reference letters from people with whome I never worked and stating about my outstanding achievements in drug discovery.
3. They asked question related to one of my reco letter, according to that does any one has cited my work and discovery which will make me outsatnding.
4. What is my field of expertiese.
5. Do I continue to work in malaria. if so please explain.
Now let me explain what I submit intially.
1. I submitted two awards one from American Society of Microbiology ( which they give only 20-30% people from all over the world). I can request the ASM if they can provide me more statistics.
Than I got best paper award from Indian Association of microbiology. that is one award a year.
2.I submit a porrf that I got independent letter from Editor of Journal to review the article.
3. I submit proof of my 11 publications.
4. I sumbit more than 13 presentations from conferences.
5. I submit about 8 reco letters , 4 of them with whome i never worked.
6. I submit proof of more than 120 citations for my 11 publications and i also aubmit proof that some scientists develop there work based on my intial discovery.

Please suggests me what elese should I submit now and why they asked me hwich three criteria I met out of 10. It is there job to assess my applications.
thansk for all
ABCAVM123
 
all gurus please help RFE EB1A ASAP

Hi, to all please help
I just got RFE for I140 EB1A ( from NSC).
they asked me accroding to 10 criteria for extraordinary category which three of them you have met, and the evidences that i submited is not enough so please submit more evidences.
2. they ask me to provide some more reference letters from people with whome I never worked and stating about my outstanding achievements in drug discovery.
3. They asked question related to one of my reco letter, according to that does any one has cited my work and discovery which will make me outsatnding.
4. What is my field of expertiese.
5. Do I continue to work in malaria. if so please explain.
Now let me explain what I submit intially.
1. I submitted two awards one from American Society of Microbiology ( which they give only 20-30% people from all over the world). I can request the ASM if they can provide me more statistics.
Than I got best paper award from Indian Association of microbiology. that is one award a year.
2.I submit a porrf that I got independent letter from Editor of Journal to review the article.
3. I submit proof of my 11 publications.
4. I sumbit more than 13 presentations from conferences.
5. I submit about 8 reco letters , 4 of them with whome i never worked.
6. I submit proof of more than 120 citations for my 11 publications and i also aubmit proof that some scientists develop there work based on my intial discovery.

Please suggests me what elese should I submit now and why they asked me hwich three criteria I met out of 10. It is there job to assess my applications.
thansk for all
ABCAVM123
 
RFE EB2 140 Gurus plz help

I read in this forum that there are different kinds of msgs USCIS puts on different RFEs. What does this msgs says, what will be RFE can any body help me in this?

we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

------------------------------------------------------------------------
EB2
Labor PD: Feb 2006
I-140 FD:May 19 2006
I-140 RD: May 25 2006
I-140 LUD:07/22 ; 8/25
RFE : 8/25 waiting for hard copy
 
RFE: Have to prepare a letter compairing my work experience to labor requirements

There is an RFE raising questions about my university RA/TA experience. The labor required MS+3, and it is essential for me to prove that univ exp was related since I won't be meeting the requirements without that.

My Research Assistant exp was in the same field, so I won't be having problems in showing it as a related one. Now, for Teaching Assistant (TA), CIS has questioned that this TA job doesn't seem to entail the same job duties as listed on the labor. Since, in TA, I helped the professor in teaching the course and conducting the labs, it wasn't directly related to 'software development job duties' as listed on the labor. However, the courses I taught were very much related to the technology listed on the labor. Now, how should I prove that my TA exp. was in fact in line with the labor requirement.

Also, I meet the labor requirement even if we just count my RA exp and not count my TA exp. But, since the RFE specifically raised questions about the TA, my lawyer has suggested that we have to clarify in detail as to how that exp was a related one. And, after clarifying that we can add a line saying 'eventhough the TA exp was a related one, the candidate still meets the requirements even if we don't count it towards the required exp.' Any suggestions as to why my attorney is so interested in proving that this exp was a related one ?

My lawyer has also suggested that we should not only clarify the univ exp. but do the same with the other experiences also. That way things will be clearer to the CIS and will help in the I140 approval. Now, since I have to write the letter comparing the labor requirements with my previous experiences, I am wondering if any of you may help me with the "format" of this letter. any suggestions or pointers?
 
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mega_gc said:
I recieved RFE and they asked my W2, company W2 and previous 140 petitions from comany. My labour was approved through sister comany(Branch office) and now My company Attorney saying that If we response to this qeuery it may trigger additional problems/audit for company, that will jardize company situation because labour was approved thru branch instead of Main office and they want to start the whole process again thru Main Office, but this is unacceptable for me because my labour is EB2 and prioirty date is Jan2004. Please help, is that true my company is going to be in trouble if we responded to RFE?

Labor PD: Jan2004
140 FD:Mar29, 2006
EB2 Filed at Nebraska

so where have u been working all that time? where u working in the main office but u filed in a branch office? or u were working in a branch office?
 
mega_gc said:
I am working thru Branch office only.

so where is the prob if u filed throught the branch if u work for the branch? it is weird. as far as i know, u file ur LC wherever u work.correct me if i'm misunderstanding u.
 
advice needed from UN

UnitedNations,

Based on your conversation above, looks like I'm headed towards trouble when I file my I-140 in a few days.

EB-2
4year degree in computer engineering from India
LC filed from Nebraska(satellite office) in Dec 2003
Company head office in Texas

My paystubs from 2003 to 2004 show company address as Texas
then 2004 to july 2006 show Nebraska
again from this month(August, 2006), they show Texas

All my W2s(2003,2004,2005) show state as TX

I work on client site in WA

Company is 150+ employees and financials are strong. I have less salary in my Paystubs than LC wages due to per-diems, but company has big profits.


Is it a recipe for denial or is it ok?

thanks
 
Perm qestion --please help

Unitednations,
Can I apply PERM while another labor pending at backlog center thru same employer without withdrawing the pending one..please help.
 
I-140 approved

Hello everyone:

I am a silent reader of this forum. Thanks a lot for posting all of your experiences. My I-140 is approved today. :)

I also got an RFE regarding educational evaluation. I studied my Bachelors in India, I did my diploma in electronics and communications engineering for 3 years and studied Bachelor of engineering in electronics and communications for 3 years. I have 16 years of education but 10+3+3 instead of 10+2+4

Please find below my LC and I-140 details

LC Details

Category: EB3 Country: India
State: MD
Priority Date: 11/14/2002, Never made it regional before moving to PBEC
45 days letter: 12/21/2005
LC Approved: 06/08/2006

I-140 Details

Filing date 07/17/2006, Filing center: NSC
RFE status update 08/11/2006
RFE notice received 08/17/2006 (Note: RFE to submit educational evaluation)
RFE replied 08/22/2006
RFE status update 08/29/2006
LUD 08/30/2006
LUD 08/31/2006
LUD 09/01/2006
Approval 09/01/2006

I-485 (Waiting for the PD to be current)

I wish good luck to all the other members who are waiting for the 140 approval.

Cheers :)
Asha
 
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lud updates

unitednations said:
ofcourse. many people have done it successfully.

hi Unitednations,

Can you please share from your experience on my frequent LUD changes over I-140 case.

thanks
 
I 140 RFE: Ability to pay

Hello All,

1.) CIS has asked for my 2005 W-2.

My company was carved out from the parent company in 2004, and somehow due to pay-roll's extended laziness the old company name showed up on my 2005 W-2. However, my last pay stub of 2005 shows new company name along with the same gross income as W-2. FYI, My labor was filed under perm and under the new company name.

Now, what should I do to explain this discrepancy ? My HR is saying that issuing a new W-2 with correct company name is not an option since it will involve lots of efforts.

2.) Also, CIS has asked the company "You must submit additional evidence that you had the financial ability to pay the offered wages as of the PD and continue to have such ability. Such evidence must include your latest annual report, your 2005 tax returns, or audited financial statements."

Based on the above statements, do you guys think that CIS is asking either to 1.) provide annual report and tax returns OR 2.) audited financial statements.

OR they want the annual report along with the audited financial statments too.

My company is planning to submit only the audited financial statements. Would that be sufficient?

Thanks
 
asha_k said:
Hello everyone:

I am a silent reader of this forum. Thanks a lot for posting all of your experiences. My I-140 is approved today. :)

I also got an RFE regarding educational evaluation. I studied my Bachelors in India, I did my diploma in electronics and communications engineering for 3 years and studied Bachelor of engineering in electronics and communications for 3 years. I have 16 years of education but 10+3+3 instead of 10+2+4

Please find below my LC and I-140 details

LC Details

Category: EB3 Country: India
State: MD
Priority Date: 11/14/2002, Never made it regional before moving to PBEC
45 days letter: 12/21/2005
LC Approved: 06/08/2006

I-140 Details

Filing date 07/17/2006, Filing center: NSC
RFE status update 08/11/2006
RFE notice received 08/17/2006 (Note: RFE to submit educational evaluation)
RFE replied 08/22/2006
RFE status update 08/29/2006
LUD 08/30/2006
LUD 08/31/2006
LUD 09/01/2006
Approval 09/01/2006

I-485 (Waiting for the PD to be current)

I wish good luck to all the other members who are waiting for the 140 approval.

Cheers :)
Asha
Congrats Asha
are you sure your filing date 140 is 7/17/06

So NSC approved a 7/17/06 filed I140 case by 9/1/06 with RFE as well...so thats like less than 45 days.

Was it converted to premium ?
 
I 140 RFE on Education ( 3 Year Degree)

Hi,

I got a RFE on Sep 01 06 on my I140 from NSE. Here are my filing details and RFE.

Advertisement details filed with Labor application: It also say allows Foreign Degree
LC: Feb 2004 (Not a substitute Labor) EB3
LC Approved: Feb 2006
I140 Filed: Mar 2006
RFE I140: Sep 2006

RFE:

“Your labor certification specifies that the position offered requires a four-year bachelor's degree in computer science, engineering or a closely related field. USCIS holds this to be a degree which is equivalent to a four year degree from an accredited US institution in one of the listed fields. Please submit evidence which establishes that the beneficiary holds such a degree. Your evaluator found that the degree program which the beneficiary's subsequent education at a training school gave him education equivalent to four-year degree.Your labor certification does not provide for the acceptance of a combination of degree and /or certificates in lieu of the one degree which it specifies."

Your evaluator reported that the beneficiary received his degree from xxx University "following the completion of four years of required academic coursework" but the transcript reports he passed a "3 year degree course". Please explain this discrepancy. "
-----------

I am not sure what's going on with my application, it is pretty clear that Lawyer messed up Form ETA 750 and the way he evaluated my degree.
I am thinking to do education evaluation from an expert and submit the RFE along with labor certification advertisement saying it accepts foreign degree. I learned from the forum, chances at NSE are very less (50-50) on 3 year degree issue.
Immigration experts/Gurus please advice.
 
mgupta2050 said:
Congrats Asha
are you sure your filing date 140 is 7/17/06

So NSC approved a 7/17/06 filed I140 case by 9/1/06 with RFE as well...so thats like less than 45 days.

Was it converted to premium ?

yup..my filing date is 7/17/06 and the case was not converted to premium. Actually it's a pleasent surprise for me. I didn't expect the approval so soon...
 
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Good for you. At least some breathing space.

Did your receipt number start with SRC or LIN ? I don't expect NSC to do quick processing.

asha_k said:
yup..my filing date is 7/17/06 and the case was not converted to premium. Actually it's a pleasent surprise for me. I didn't expect the approval so soon...
 
Congratulation

asha_k said:
yup..my filing date is 7/17/06 and the case was not converted to premium. Actually it's a pleasent surprise for me. I didn't expect the approval so soon...



My filing date is 7/25/06. Lin 06-221-51***.
I think you will have file number close to it.
 
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