RFE on I-140 - HELP

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lightening

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RFE on I-140 (EB2) - HELP

I got the following RFE on my I-140. Please help me how to respond.

"Provide a supplemental statement clarifying whether the position
requires five years of post-baccalaureate experience that is truly
progressive in nature. If the position so requires, provide evidence
the beneficiary meets the requirement "

I do have over 5 years of progressive experience.

eb2
PD: February 2003
I-140 ND 10/15/03
I-485 ND 11/11/03
 
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I think they want proof that your job requires five years of experience and then proof that you have it. I think a letter from your supervisor that this position requires five years of experience should be good for the first requirement. For the second, you will have to provide experience letters from your former employers or co-workers for five years after your graduation. Remember, this experience cannot be from your current position.

My 2 cents. Please consult with your lawyer.
 
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musiclover,

did you see the reply I posted in response to your post
about credential evaluators.

Was it useful for you?

thanks
 
Progressive Experience RFE

Musiclover:

Thanks for your post. Someone gave his comment in a smilar thread
regarding progressive experience as follows:

"It's just not that simple. First, it is the MINIMUM requirements for the position that determine the category, not the person's qualifications (all a person's qualifications determine is if the person is qualified for the position). Second, you would need to have your education evaluated by a professional (be sure not to use experience for this evaluation or you will have a problem) to see if you have the equivalent education
to a US Masters degree.

This is the most common area that causes the case to be denied at the I-140 stage."


What are my options? Can we justify my case? Can we refile my case under EB3? In that case what will me my priority date? Please comment.

Raj
 
Waitinignwaiting,

Yes I did read your response and responded to it too. Thank you for your input. I went with www.ece.org for my evaluation. I have given the report to my lawyer and he is supposed to respond to our RFE sometime next week.

waitingnwaiting said:
musiclover,

did you see the reply I posted in response to your post
about credential evaluators.

Was it useful for you?

thanks
Click to expand...
 
lightening said:
Musiclover:

Thanks for your post. Someone gave his comment in a smilar thread
regarding progressive experience as follows:

"It's just not that simple. First, it is the MINIMUM requirements for the position that determine the category, not the person's qualifications (all a person's qualifications determine is if the person is qualified for the position). Second, you would need to have your education evaluated by a professional (be sure not to use experience for this evaluation or you will have a problem) to see if you have the equivalent education
to a US Masters degree.

This is the most common area that causes the case to be denied at the I-140 stage."


What are my options? Can we justify my case? Can we refile my case under EB3? In that case what will me my priority date? Please comment.

Raj
Click to expand...

Raj,

I am not sure what you exact situation is. I am also not sure what exactly "progressive experience" means and how it is different (if it is) from regular experience. Do you have a Master's degree or higher? Did the ad for your labor required a Master's degree or higher? What country do you have your bachelors/masters from? If it is not US then I would strongly suggest getting a professional evaluation done.

Whoever posted a reply to your message in the other board is correct. EB2/EB3 is defined not by your qualifications but by what the position demands. Hence, as I mentioned in my first post, if you can get a letter from your current supervisor that the position you are in requires 5 years of experience and you can prove that you have it, you should be good.

Again, this is my limited knowledge. What is your lawyer recommending?
 
Progressive Experience

Musiclover

My ETA-750 (Labour Certification) says the requirement for the job is
Bachelors Degree in Computer Engineering or Computer Science. There
is no other special requirement. My lawyer filed my case under EB2.
In the first place can we file under EB2 when the requirement in the
LC is only Bachelors Degree. I thought for filing under eb2 the following
two conditions must be met:
1. The minimum requirement in the LC should clearly say the minimum
requirement is Masters Degree or Bachelors Degree with
post-bacculareate experience of 5 years.

AND

2. The candidate also should posses the above (Item 1).

5 year progressive expereince means "expereince gained immediately after
college on the same profession".

What will happen to my case? Just because we filed in a wrong category
if they deny, can we refile under EB3. I am still working on my H1 and my
6 year h1 will expire in Feb. 2006. I am also working for the same company
who filed my original Labour Certification. What are my options. Please
advice.
 
Yeah, your case looks more like a EB-3 case, and I would suggest you talk to your attorney to transfer under EB-3 cases if it's too difficult to prove it under EB-2.
 
I140 Rfe

lightening,

I too got a I140 RFE (EB2), with somewhat similar to you.

"The labor certfn. submitted indicates that the position you are offering requires a bachelor's degree and also five years of experience.

Please submit a supplemental statement clarifying whether the five years of exp. must be post baccalaureate and whether the exp. must be progressive in nature".

Please throw some ideas on the severity of my RFE, I have 4 yrs bachelor deg. and more than 5 yrs of progressive exp. So, Is that RFE simple ? or any catch in this RFE, which might lead to 140 denial / or they may come back again with an another RFE to convert to EB3 ?...

Since, you have already gone through a lot on your RFE, throw some sugesstions. I have not yet discussed this with the Attorney yet....

My labor simply says Bachelor in computers or related and 5 yrs of exp.

Thanks
 
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