Strange RFE on 140

kapsingh

New Member
Today, I received an RFE on my I-140; it says:

"It does not appear that your petition is approvable to classify the beneficiary as a second preference alien under section 203 (b) (2) of INA. In order to qualify for second preference, the minimum requirements for the job offered must be at least a Master's Degree. Further, in order to qualify for second preference, the beneficiary must possess a minimum of a Master's Degree. The beneficiary only has a Bachelor's Degree and the ETA 750 states the minimum requirements for the job as a Bachelor's Degree. If you wish to change the requested preference classification, please place an "X" next to the sentence below. Also indicate the new preference number and classification that you are seeking, and sign where indicated."

It is very surprising that it does not mention BS+5 as a qualification for EB2 classification. My labor Cert. had BS+6 as the minimum requirement for the job and I have a BS (Engineering) + more than 6 years of experience before joining the petitioning employer. Educational credential evaluation from a reputed source and exp. letters from previous employers were submitted. Also, interestingly my employer filed form ETA 9089 and not ETA 750, as has been mentioned in the RFE.

I am not sure what to make of it; it appears to be a mistake on the part of the adjudicating officer.

Best Wishes to every one!!!
 
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I am also in the same boat. I am yet to know the details of RFE.
Got an e-mail from USCIS asking additional evidence.

Does the following message appeared on the USCIS case status search of urs?



kapsingh said:
Today, I received an RFE on my I-140; it says:

"It does not appear that your petition is approvable to classify the beneficiary as a second preference alien under section 203 (b) (2) of INA. In order to qualify for second preference, the minimum requirements for the job offered must be at least a Master's Degree. Further, in order to qualify for second preference, the beneficiary must possess a minimum of a Master's Degree. The beneficiary only has a Bachelor's Degree and the ETA 750 states the minimum requirements for the job as a Bachelor's Degree. If you wish to change the requested preference classification, please place an "X" next to the sentence below. Also indicate the new preference number and classification that you are seeking, and sign where indicated."

It is very surprising that it does not mention BS+5 as a qualification for EB2 classification. My labor Cert. had BS+6 as the minimum requirement for the job and I have a BS (Engineering) + more than 6 years of experience before joining the petitioning employer. Educational credential evaluation from a reputed source and exp. letters from previous employers' were submitted. Also, interestingly my employer filed form ETA 9089 and not ETA 750, as has been mentioned in the RFE.

I am not sure what to make of it; it appears to be a mistake on the part of the adjudicating officer.

Best Wishes to every one!!!
 
My case had an LUD on 2/22/05 with the status change indicating that additional information is required and a letter has been mailed. On the website, they did not list the details of the additional info required.

The information I presented in my previous post is from the letter I received today. Let me know if I can help you in any way.

Best Wishes!!!

PS: I filed the I-140 myself; did not use an attorney.
 
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