URGENT ! Got RFE on I-140 (EB2) - Prove 5 yrs of exp.

D

dc2007

Registered Users (C)
Hi,

My lawyer did a mistake and filed my labor under EB2 but I was eligible for EB3 only. My labor got approved in Feb 2007 and I filed I-140 premium last week to NSE and got RFE "Show 5 years of exp."

Following are my details:

1. The advertisement of my Labor says BE with 5 years of exp. (labor was filed in Apr 2004 and approved in Feb 2007).

2. I graduated in 1996 (4 yrs B.E full time from reputed regional engg. college, India) and joined the current company (in USA) in June 1999.

3. As the experience of current company doesn't count, so I have only 3 years of exp. from June 1996 to June 1999 (when I joined this company). But as a part of my college curriculum I have done 6 months full time training in an industry (related to my experience) and 6 months part-time. This has been mentioned in my labor application also. I think because of this reason, lawyer misunderstood and filed me under EB2.

Can anybody suggest me what should I do:

Option 1. As such I have (3 yrs full time exp). + (6 month full time and 6 months part-time experience during my 4 years BE) = 4 years of experience. Is it possible that if I can manage to show additional 1 or 2 years of part-time experience during my B.E, I can clear the RFE ?

Option 2. Or is it possible for me to file under EB3 ? I have seen in forums that people are talking about downgrading from EB2 to EB3. I am not sure if this is possible.

Option 3. Is there any way by which I can keep my priority date ?

Please suggest me what is the best option for me. I want to take advantage of this time as if my I-140 get cleared, I can file I-485 right now.

Thanks in advance

DC
 
Thanks for the prompt reply.

But my RFE doesn't have option of filing under EB3.

Do you think that if I show part-time experience say 24 hrs a week during my BE (4 years), that can server the purpose ?

Following is the complete RFE:
----------------------------
Please submit additional evidence that the beneficiary obtained the required 5 years experience in the job offered or the required 5 years experience in the related occupations of programmer analyst or software trainee before April xx, 2004. Evidense of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties. The Service acknowledges the receipt of the
experience letters submitted with the petition from Company A, Company B, Company C and Company D. The time periods these letters detail appers to equals than 5 years.
----------------------------
I think there is a typo of "equal". It should be "less than".

Anyways the total experience of all these companies together is 3 years.

I joined my current employer(say ABC) in June 1999 and filed labor in April 2004. My company ABC has offices in NJ and in IL. In labor I showed my current company as ABC IL and filed labor showing ABC (IL) as my current employer. and I showed the exp. from June 1999 to April 2004 as ABC (NJ).

But while filing I-140, lawyer said that we can't show the experience of ABC (NJ) as its the same company. Thats why I didn't show my ABC (NJ) experience.

As per the RFE it states that show evidence of current or previous employer. Is it possible that if show ABC (NJ) experience, it can server the experience ?

Please guide...

Thanks
DC
 
This is a very very tricky situation. If your profile doesn't match the labor, it's very difficult to get I-140.
 
gravitation said:
This is a very very tricky situation. If your profile doesn't match the labor, it's very difficult to get I-140.
Click to expand...

My profile matches, but the experience of current employer has to be include to make 5 years+ experiance.

I got positive response from two people who have shown current experience and they got I-140. See: http://immigrationvoice.org/forum/showthread.php?t=5785

If anybody else have used current employers exp (before the date of filing labor), please share here your experience

Thanks
 
DC2007, if you are still looking for an answer, you can also count me as a person who used experience from current employer and just like people in the thread you included have explained, my prior position was different (i.e. I was at a lower level) and showed progression, etc.. Hope this helps.
 
You must log in or register to reply here.
Top