I have seen similar RFE posted in the forum before but my case is still a little different. I'd like to share with you and hear suggestions from you as well.
My school applied Labor Certificate (special handling, for teaching faculty in universities) for me on 4/14/03 and it was approved (received) on 6/15/03. It only took me 2 months to get it through. Seemed to be good, huh?
on 7/29/03, my school applied I-140 for me and I turned in my 485 in the same package.
Now, on 12/8/03 (5 months later after filing i-140), the international education office (OIE) guy responsible for my application called me that the center has a RFE for me. It asked me to provide evidence that I had obtained my Ph.D. degree before 4/14/03. Why is this request?
The situation might be this:
When the OIE applied labor certificate (LC) on 4/14/03, I had only ABD (not Ph.D.) yet. But that old fellow listed my Ph.D. expected in 3/03 (because the materials were prepared in early February) and forgot to change it to a newer date when he sent it. I defended my dissertation on 5/21/03 (37 days after OIE sent in my LC application) and got my diploma in August (it always took several months to prepare the diploma). Department of Labor (DOL) approved my LC application based on my ABD status because the school wants faculty to start job even with ABD therefore ABD satisfies their requirements.
When applying i-140, OIE had to send in my LC application together with 140 application. Still, the original LC application has march 03 as my Ph.D. degree approval date. I believed that old guy also forgot to include my Dissertation Defense Sheet in the package as well. Therefore, now BCIS asked me for RFE of my Ph.D. education completed before 4/14/03, which I can not provide. I can only provide them my Ph.D. education completed by 5/21/03.
The OIE wants to withdraw my petition and reapply for me. But I do not believe that is a good idea based on my instincts. I have some questions for you:
1. Does OIE have to withdraw my petition?
2. If so, does it need to re-apply for labor certificate for me?
3. If I have to re-apply for labor certificate, I can not use special handling any more because my offer letter was dated 2/6/2002 though I started my job on 8/19/02. Is there anyway to fix it?
4. Can OIE send in my disseration defense sheet (dated 5/21/03) and my ph.d. diploma with an explanation that they mistakenly put a wrong date in my LC application to meet the RFE request? Does it work? Will it make BCIS think that the OIE fraud?
5. What impact will it have on my i-485 application if OIE withdraw my case and reapply?
Thanks for reading the whole story and look forward to your guidance.
My school applied Labor Certificate (special handling, for teaching faculty in universities) for me on 4/14/03 and it was approved (received) on 6/15/03. It only took me 2 months to get it through. Seemed to be good, huh?
on 7/29/03, my school applied I-140 for me and I turned in my 485 in the same package.
Now, on 12/8/03 (5 months later after filing i-140), the international education office (OIE) guy responsible for my application called me that the center has a RFE for me. It asked me to provide evidence that I had obtained my Ph.D. degree before 4/14/03. Why is this request?
The situation might be this:
When the OIE applied labor certificate (LC) on 4/14/03, I had only ABD (not Ph.D.) yet. But that old fellow listed my Ph.D. expected in 3/03 (because the materials were prepared in early February) and forgot to change it to a newer date when he sent it. I defended my dissertation on 5/21/03 (37 days after OIE sent in my LC application) and got my diploma in August (it always took several months to prepare the diploma). Department of Labor (DOL) approved my LC application based on my ABD status because the school wants faculty to start job even with ABD therefore ABD satisfies their requirements.
When applying i-140, OIE had to send in my LC application together with 140 application. Still, the original LC application has march 03 as my Ph.D. degree approval date. I believed that old guy also forgot to include my Dissertation Defense Sheet in the package as well. Therefore, now BCIS asked me for RFE of my Ph.D. education completed before 4/14/03, which I can not provide. I can only provide them my Ph.D. education completed by 5/21/03.
The OIE wants to withdraw my petition and reapply for me. But I do not believe that is a good idea based on my instincts. I have some questions for you:
1. Does OIE have to withdraw my petition?
2. If so, does it need to re-apply for labor certificate for me?
3. If I have to re-apply for labor certificate, I can not use special handling any more because my offer letter was dated 2/6/2002 though I started my job on 8/19/02. Is there anyway to fix it?
4. Can OIE send in my disseration defense sheet (dated 5/21/03) and my ph.d. diploma with an explanation that they mistakenly put a wrong date in my LC application to meet the RFE request? Does it work? Will it make BCIS think that the OIE fraud?
5. What impact will it have on my i-485 application if OIE withdraw my case and reapply?
Thanks for reading the whole story and look forward to your guidance.