RFE on 140 for experience.

A

askgc

Registered Users (C)
Originally posted by waitingwithhope
Folks

I got an RFE [ RD 06/06/2003, EAD and AP approved ], which asks for the normal company financials and paystubs, plus a written document that explains why this position requires a BS + 5 yerars of progressive experience.

Does anybody received this kind of RFE before ? Any idea about how to deal with this.

Any help is appreciated

waittingwithhope....

7 year in US, working on EAD, I-140 is the only hope now :)
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Thank you, askgc.

Exact words from my RFE

"The petitioner must describe the position offered in such a way so that it can reasonably be determined whether the job actually requires an advanced degree or, in the alternative, five (5) years of post-baccalaureate experience that is progressive in nature."


Thanks for your help.
 
Your lawyer who filed LC then I-140 has to argue or reply the RFE, because we don’t know what was advertisements content and what was written on LC form EAT750 A in column 13, 14, 15 and what was written on ETA 750 B.
 
waitingwithhope, after looking at the original text I have few questions.

What is the degree you have (is it Bachelors or Masters)?

Did your LC (Forms ETA 750) included bachelors degree and
progressive 5 year experience is ok to do the job?

I guess it didnt not contain that statement then USCIS is asking
you to provide explanation about the discrepancy from the LC?

I guess normally LC should have masters or 5 years of
progressive experience with bachelors degree for EB2.

Btw What is your lawyer saying?
 
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I had BS + 5 years experience before my LC filing time.

Labor Requirement

MS - it also states that BS + 5 years is also acceptable to the employer.

I-140 RFE

Progressive Experience: In plain-English provide detailed descriptions indicating why five (5) years of post-baccalaureate and progressive experience would be necessary to successfully perform the duties set forth in the highly technical job description. This statement should be an affidavit (or other statement under penalty of perjury) from some person within the petitioning firm who has relevant knowledge concerning the minimum acceptable qualifications for the position involved in the Form I-140, Immigrant Petition for Alien Worker. The petitioner must describe the position offered in such a way so that it can reasonably be determined whether the job actually requires an advanced degree or, in the alternative, five (5) years of post-baccalaureate experience that is progressive in nature.

-

So that means since the LC says MS or BS + 5 years, now we have to prove the job duties can only be really done by BS + 5 years [ my qualification ] ??

My lawyer asks me to get the job duties written by my Manager.
 
So that means since the LC says MS or BS + 5 years, now we have to prove the job duties can only be really done by BS + 5 years [ my qualification ] ??
--- YES, I hope the exp letters you submitted with LC has the words” He has progressed while working with us” or “XYZ has progressive work” or” he progressed in XYZ skills while working with us” or “his experience with us was Progressive” The look for these words at the time of I-140, good lawyer always gives a TIP for getting past EXP letters before LC filing

My lawyer asks me to get the job duties written by my Manager.
---- Lawyer is correct and he has to convince USCIS that B+5 year’s progressive EXP is needed for the job all depends on his arguments to USCIS
 
Thanks ginnu.

My experience certificates doens't contain any word Progressive, some of they are really professional in look [ typed out on general format, was working with big consulting firms before ], and some are just wrote up for me by the employer. Even if my lawyer wanted to me to get new experience certificates with different words, I don't think that would have worked for me...

I will, with the help of my Manager type out the requirments doc for the position that I am at, and wait with hope again :)
 
Folks, read what USCIS is asking for.

They're not asking if the alien beneficiary actually has 5 years of progressive experience. They are asking if the job really requires either a Master's degree or 5 years experience. That's a totally different question. And if the employer has a single employee in the same position without either the MS/MA or the BS/BA+5, you are SUNK.

To be honest, I'm puzzled why the employer didn't just file EB3 and reduce the requirements. We did that, even though I had a BA+5 years since we didn't want the hassle of proving the progressive experience bit.

BTW, having the words "his experience was progressive" in useless. USCIS aren't idiots (even though they act like that 95% of the time) and they are looking for increases in duties, salaries and title, not for the word "progressive".
 
The requirements for the job are addressed at the labor stage. Asking these questions at the 140 level is sort of new to me. At 140 stage they should only be asking whether the employee meets the requirements of approved labor.
HTH
 
It happened with on of my friends. His labor was approved in EB2. But after checking the his experience he did not had required experience. So his I-140 was filed in EB3 even though he had EB2 Labor. His I-140 approved without RFE. This was during mid 2003.

It seems that CIS may ask him to convert it into EB3.
 
Originally posted by TheRealCanadian
Folks, read what USCIS is asking for.

They're not asking if the alien beneficiary actually has 5 years of progressive experience. They are asking if the job really requires either a Master's degree or 5 years experience. That's a totally different question. And if the employer has a single employee in the same position without either the MS/MA or the BS/BA+5, you are SUNK.

To be honest, I'm puzzled why the employer didn't just file EB3 and reduce the requirements. We did that, even though I had a BA+5 years since we didn't want the hassle of proving the progressive experience bit.

BTW, having the words "his experience was progressive" in useless. USCIS aren't idiots (even though they act like that 95% of the time) and they are looking for increases in duties, salaries and title, not for the word "progressive".
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That menas INS will ask for more details about other employees in the organization after this RFE ?? Is the title is important [ Software Engineer ] or the Role [ Lead Performance Engineer ] gets priority ??

Whoever works with me in the same Role has the same or more years of experience. I know other Software Engineer's doing entry level programming without experience and with MS.

Lawyer asks me to talk to the Manager to write up a requirment document for a new hire to my position and point all those that he will be interested in the new person.

Thanks to all who is browsing and updating this thread.
 
Originally posted by tammy2
It happened with on of my friends. His labor was approved in EB2. But after checking the his experience he did not had required experience. So his I-140 was filed in EB3 even though he had EB2 Labor. His I-140 approved without RFE. This was during mid 2003.

It seems that CIS may ask him to convert it into EB3.
Click to expand...

So if my EB2 I-140 get rejected because of this, there is still a possibility of filing the I-140 again in EB3 ?? Thanks for your time.
 
I don't know how you have labor in EB2 and file 140 in EB3. This is new to me- sort of contradicts common sense- even by BCIS standards.

:confused:
 
In my friend's case while filing first time he filed with EB3 with EB2 Labor. I trying to get in touch with him. I will update any input he provides. This case i know personally as we were working in same room.

There was case on I-140 forum which was filed in EB1.CIS has sent an RFE if the applicant ready to convert it into EB2 NIW then they are ready to approve.

I will get back once i have full info.
 
In case of NIW- there is no labor that may be OK. But the issue is how 140 and LC can be different categories.
Thanks
 
I asked him yes he did. While applying attorney told him it is possible to apply in EB3 using an EB2 labor. But you cannot do other way (EB3 to EB2).
 
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