NSC - I 140 RFE - US Masters

#1
Friends

I am on 6th year of my H1b .Got RFE on I 140 last week. I qualify for advance degree classification (eb2 - US masters+0).PERM (Masters + 0 Exp)/BS + 5 yrs exp. I also have Bcom + MCA (3+3) but I 140 was applied under US Masters + 0
RFE for reason 'The evidence submitted doesn't establish that the beneficiary is qualified for the position. Therefore additional evidence is requested below
The form ETA 9089 you submitted indicates in section H, box 14 that special requirements are needed for the position. The petitioner submitted a letter and school marks. Therefore, please submit evidence that the beneficiary had met these special requirements as of Sep 27,2015.
Question J.21 of Form ETA 9089 asks is checked to 'no'. Evidence to submit either -
1. evidence of the beneficiary's qualifying work experience with employers other than orgn or
2.evidence that the beneficiary's previous work experience with your orgn was not substantially comparable to the job opportunity requested. Such evidence should include a detailed description of the duties for each position. "Substantially Comparable" means that at least 50% of the duties for these positions are same.

Does this RFE mean section H box 14 is related to section J 21 ? I think J 21 is considered when filing for BS+5 but my is Masters + 0 to qualify for Eb2

Looks to me officer got confused because I have US Masters + MCA + more than 5 years of exp but PERM clearly says the position is for Masters+ 0 and my details are on
9089 'j' section
I spoke to lawyer and he said if we submit US transcript and degree certificate, I should be fine..Per,lawyer he hadn't submitted 'degree' when he filed I 140.

Please share if you have heard/experience of similar case.

Thanks
 
#2
Hi There,

I recently received the same RFE for my I-140 for EB3. I have My Bachelors/Master from US universities however didn't need to use my Master as per the job description.

I was just wondering how did you response to your case and the status, if you don't mind sharing.

Thanks,
 
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