RFE for education and evaluation -- Please help !!

L

LCstat

Registered Users (C)
Hi guys,
I am a Mechanical Engineering graduate with 11 years experience , with last four years in the software field , at the time of applying the LC.
I got a RFE in my I-140 for education. In the LC my attorney put the major field of study as Computer Engineering and no other equivalent or anything related. In the Advt she has put the computer science or related.
She also did not do evaluation in the labor stage. Now I got RFE to get evaluation to show it is equivalent to Computer Engineering.
I tried to get evaluation and the center wants to give equivalent to Computer Information Systems and Engineering and NOT computer Engineering. Did any one go through this kind of problem? I am wondering if the CIS and Engineering equivalent is good enough for the purpose, or , is it mandatory to show it same as the one in LC?
Please help me,
Thanks
LCstat
 
LCstat said:
Hi guys,
I am a Mechanical Engineering graduate with 11 years experience , with last four years in the software field , at the time of applying the LC.
I got a RFE in my I-140 for education. In the LC my attorney put the major field of study as Computer Engineering and no other equivalent or anything related. In the Advt she has put the computer science or related.
She also did not do evaluation in the labor stage. Now I got RFE to get evaluation to show it is equivalent to Computer Engineering.
I tried to get evaluation and the center wants to give equivalent to Computer Information Systems and Engineering and NOT computer Engineering. Did any one go through this kind of problem? I am wondering if the CIS and Engineering equivalent is good enough for the purpose, or , is it mandatory to show it same as the one in LC?
Please help me,
Thanks
LCstat
Click to expand...
I am not sure if you have any other choice here but one thing sure you with your attorney can do, think thoroughly about what is the job requirement and what your company does and whatever your knowlege is (including your certifications, educations and experiences) put together a strong/effective cover letter along with the degree evaluation and mention how your knowlege is important to the company, I am sure you will get through.
I had somewhat similar situation, yelled on my lawyer, he made a very good covering/attachment with my evaluation. my I-140 got approved.
Good Luck
 
gckajadoo, what was your reply to your RFE's especially ability to pay

Thanks,

gckajadoo said:
I am not sure if you have any other choice here but one thing sure you with your attorney can do, think thoroughly about what is the job requirement and what your company does and whatever your knowlege is (including your certifications, educations and experiences) put together a strong/effective cover letter along with the degree evaluation and mention how your knowlege is important to the company, I am sure you will get through.
I had somewhat similar situation, yelled on my lawyer, he made a very good covering/attachment with my evaluation. my I-140 got approved.
Good Luck
Click to expand...
 
labornc said:
gckajadoo, what was your reply to your RFE's especially ability to pay

Thanks,
Click to expand...
Its kind of difficult to put entire responce here but My company uses different electornic devices/components for its application to work. And my lawyer used all my electronic back ground and high-lighted it into the response along with the computer engineering requirement.
 
I think all these issues [especially education eval etc.,] are arising coz of unprofessional attorneys. They dont even look into papers and evaluate the candidate. I had the same exp with my attorney. God blessed me with this issue and i could correct it at dept of labor itself.
I wonder why can not we keep a list of "BITTER EXPERIENCES WITH UNPROFESSIONAL ATTORNEYS". So that we can save some other guys.
 
gckajadoo,
thanks for the reply,
So , did you send the evaluation with a different equivalent ? did you try more than one evaluation center to get nearest to yours? I have some more time to respond and in a dilema if I should try another one , please suggest ,
I do not know if all the centers will have similar approach and will come to nearly the same result ?
thanks

LCstat
 
gckajadoo, sorry to say this again... I was basically interested in your response to RFE related to ability to pay...


gckajadoo said:
Its kind of difficult to put entire responce here but My company uses different electornic devices/components for its application to work. And my lawyer used all my electronic back ground and high-lighted it into the response along with the computer engineering requirement.
Click to expand...
 
labornc said:
gckajadoo, sorry to say this again... I was basically interested in your response to RFE related to ability to pay...
Click to expand...
sorry, my bad. Well My company is very sound financially. I shouldnot have got this RFE in the first place but because of my attorney,(he didnot included any financial related papers at all) I got this RFE.
In my response to ability to pay, he showed my company's tax returns for year 2003. My W2 forms, Copy of the document showing my raise in salary (my actual salary was less than what it was mentioned in labor). It is just a small paragraph and nothing more. So it was easy one.

Thanks
 
Thanks for the response....

gckajadoo said:
sorry, my bad. Well My company is very sound financially. I shouldnot have got this RFE in the first place but because of my attorney,(he didnot included any financial related papers at all) I got this RFE.
In my response to ability to pay, he showed my company's tax returns for year 2003. My W2 forms, Copy of the document showing my raise in salary (my actual salary was less than what it was mentioned in labor). It is just a small paragraph and nothing more. So it was easy one.

Thanks
Click to expand...
 
LCStat,
First of all you should consider yourself lucky that you got a RFE. I have know a few cases which got a straight denial becuase there was no equivalent or related mentioned in the LC. Please post some more details regarding your case and we will try to help you. In particular, please post the exact wordings of the ETA-750-A section 14 and 15, exact wordings of your RFE, and the details about your degree and coursework.

(I had a similar rfe, and I was recently approved).

Best wishes..
 
Amused,
thank you for the reply.
Here is my RFE ,
"submit evidence to establish that the beneficiary is a professional , that is , has at least a baccalaureate degree in the field of Computer Engineering "
and goes on to detail all the certificates that I had attached.
the field 14 on the labor LC is Computer Engineering and field 15 is empty.
My actual degree is in mechanical and with software experience of more than four years. No evaluation was attached at the time of filing LC.
Based on my work experience now I got a evaluation to Computer Information systems and Engineering and will be sending to INS. The evaluation centers do not want to give computer engineering equivalent.
please let me know what u think ,
thanks ,
LCstat
 
Based on your RFE it seems like the emphasis is more on proving the baccalaureate degree and less on the field of study. This is, I assume, because you have a foreign degree and did not attach the evaluation the first time arround.

You say you are getting the evaluation based on your work experience, which, I believe, is not always acceptable for I-140 if it is not explicitly mentioned so in the LC section 15. Though, it is widely accepted for H1-B. You may want to search this forum further, for there is tons of information on this subject and check with you attorney. Are you doing a work based evaluation because you do not have a 4yr degree?
 
Amused ,
I actually have a five year degree and because it is in mechanical engg , I have to include my work experience to equate it to the information systems. Can you please give me some information on why it is not valid in I140 ,
thanks for the help ,

LCstat
 
LCstat, check the following links -

http://uscis.gov/graphics/howdoi/eligibility3.htm

"Education and experience may not be substituted for the degree."

And from http://www.immigration-law.com/

08/21/2004: Advisory on "Bachelor's Degree or Equivalent" Proof

"...When the labor certification required a "bachelor's degree or equivalent" in the education part of Item 14 in the ETA 750 Part A, Application for Alien Employment Certification, it means that employer requires a bachelor's degree or equivalent foreign degree. The term "equivalent" in this context does not mean that one can use credential evaluation that determined that the combination of the alien's "education and experience" was equivalent to a bachelor's degree. Unless it is specified such in Item 14, the education requirement must be established by "education only" and cannot consider experience. This has been made clear by the USCIS opinions and AAU decision. Accordingly, if he/she used the employer's certified labor certification for someone else for substitution, he/she must meet the "education" requirement without considering experience, no matter what the foreign credential evaluation said, unless the labor certification application specifically stated that the employer will accept combination of education and experience in lieu of a bachelor's degree..."

Please check with your lawyer if you can use the experience just to prove the major field of study and not the degree. Hope that helps.
 
Can someone please let me know the institution who does the evaluation, as I have got letter for Education Evaluation
 
I-140 / RFE / Evaluation of beneficiary's education

I received a "Notice of Request for Evidence" regarding my I-140 petition from USCIS.

They state in their letter:
1) Submit evidence that the beneficiary has a bachelor's degree in Engineering as of September 2, 2003, as required per the labor certification. Evidence of his education should be in the form of transcripts and a diploma.

2) Please submit an evaluation of the beneficiary's education.


Now, my attorney says that my engineering diploma and transcript (coursework) translated from my original language into English by somebody that speaks fluently my native language should suffice.
Has anybody experience if this is correct or do I need to have it translated by an accredited education evaluation company?

Thanks for any advice on how to handle this!


TSC / EB3
PD: September 2003
I-131: AD June 29, 2004 / LUD January 18, 2005
I-765: AD August 06, 2004 / LUD January 18, 2005
I-140: RD May 27, 2004 / LUD February 17, 2005
I-485: RD May 27, 2004 / LUD June 02, 2004
No FP yet
 
I-140 / RFE / Evaluation of Beneficiary's education

Dear Amused:

Thank you very much for your help!!! I will keep you guys posted about the outcome after I have submitted the Request for Evidence.
 
I got an RFE today

Today I got an RFE. I don't know the details yet, as soon as I come to know the details, I will post it. I assume it could be educational evaluation since I have only 3 years degree(Bsc.) and one and half years computer diploma.


EB-3 semi Concurrent, TSC
I-140 RD 6/25/2003, pending (got RFE after second inquiry)
I-485 RD 1/15/2004
LUD for I-140 02/28/2005
LUD for I-485 02/02/2005
FP: 11/27/2004
 
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