RFE Case Approved

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Member
Just heard the magical message on the VSC today. Here\'s my complete info:

RD: 10/01/01
ND: 10/09/01
RFE: 11/19/01 (Needed Education Evaluation)
Response to RFE received by VSC: 12/18/01
AD: 01/08/02

Hang in there. Good luck to all of you and thank you for posting your info, hope to see you all soon on the CP board.

cheers, gabroo
 
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Hi gabroo

Would appreciate it if you could share some info about the RFE.. Specifically what the INS looks to see in the educational evaluation. Did you send your old edu eval. with the 140 application ? If so, were the INS looking for some kind of specific language ?

Thanks !!!
 
Pikachu is my favourite Pokemon

Hi Pikachu,
I don\'t really know what the INS specifically looks at. My degree is from a well known Canadian University and it surprised me that they would want it evaluated. I have a BSc degree in Computer Science. I am RIR (don\'t think it matters) EB3.

The secretary at the law had suggested I get evaluated before submitting the I-140, I thought it was unnecessary but I should\'ve listened to her. Following the RFE, the lawyer had the evaluation company do the work and received the evaluation back from the company within 24hrs. I will post the name of the evaluator if you like I don\'t have it on me.

In the end, I would think the INS looks at the credentials/reputation of the evaluator. And as long as the combination of education/experience add up to the category(EB1,2,3) you are applying under, and the evaluator, clearly without reservation states that I don\'t think they can question it.

But I am not a Lawyer, only my 2 cents. I hope it helps. -gabroo
 
INS can ALWAYS disregard the expert evaluation but they rarely do

The evaluation that works for the H-1 may or may not work for the I-140. A typical mistake would be, for example:

Lets say a person has a bachelor of science degree (3 years of college education) from India and 12 years of progressive experience subsequent to the bachelors. For H-1 purposes, the attorney has an evaluation of the person\'s education and experience completed and the evaluator states (correctly) that the person has the equivalent of a bachelor of science degree in the US based on 3 years of college level education and 3 years experience. INS (correctly) approves the H-1 based on this evaluation.

Then the person files for an LC. In the LC, the job requirements are listed as a bachelor\'s degree or equivalent. DOL certifies the LC and the person files an I-140. The I-140 will (or at least should)be DENIED since the person does not have the educational equivalent of a US bachelor\'s degree and the requirements did not SPECIFICALLY state that the company will accept 3 years of education and 3 years of experience in lieu of the bachelors.

This happens all the time.

Jim
 
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