Question to Jim Mills - other experts

R

RaviSimi

Registered Users (C)
Hi Jim/Others

I have a problem with my I-140.

I got 1 RFE early August for certified Tax rertuns of Company. Our company did not realize that INS did not receive tax retruns for 2001 so that RFE was delayed by 3 months.

1 day before sending out RFE back after we received all certified tax returns (98,99,00, & 01), we received 2nd RFE from INS.

This time again they asked for certfied tax retuns + official education transcripts from my Univeristy.

I attended Univ of Oklahoma - 1991 - 1994 and graduated with MBA but had some outstanding fees that I paid only recently for want of certificate. With major pursuation after talking to the Dean they allowed me to graduate but as a Fall 2002 graduate. I will be receiving my Diploma only in March2003. The deadline for sending diploma or whatever is Jan 30, 2003 to INS (to respond to RFE). However, I have got my transcripts and letter from the Dean specifically saying that I completed all courses in Srping 1994 but will graduate only as 2002 graduate due to fees owed to University.

The online says that they received the RFE and are processing because they received certified tax returns that were asked of 1st RFE but 2nd RFE contained official education request as well.

My lawyer does not want to send this letter or transcripts because she says INS may reject I-140 cuz I am not an official graduate of 1994 as my Labor states.
She wants to wait till the last day of RFE, i.e., Jan 30, 2003 before sending this one in so that is the situation.

Anybody have any thoughts on this situation? any advise other than to sit tight till Jan 30 and hope that I-140 gets approved etc etc would be appreciated. Thanks folks!

Ravi - San Jose, Ca
 
If you do not respond the the RFE, INS will almost certainly issue a denial. You need to discuss in detail what the LC and I-140 reauire and your qualifications. It sounds to me, based on what little knowledge I could get from your post, that you are not qualified for the position as stated in the LC, and that you certainly did not have the qualification stated as minimum requirements when the LC was filed. That will cause a denial of the I-140 when INS discovers the problem.
 
Hi Jim

There is time to reply to RFE - till Jan 30, so my lawyer wants to wait till the last possible minute to respond...

technically you are correct - we filed Labor stating MBA required but I had completed my courses and had a Certificate of MBA issued from the Student Services and also a letter stating I completed all courses...

Only reason that the degree was not issued was because I owed them some money that was paid recently... and the Dean has himself written a letter stating that this was the case...

but technically you are correct and that is what my lawyer says as well that the INS could reject..

thx for the input
 
I'd go for it. Make the argument if necessary and see what INS says. Prepare a contingency plan if possible.
 
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