URGENT - Jim pls help RFE from VSC and then written decision ..

S

sudiptabhaskar

Registered Users (C)
Please help guys. RFE and written notice of abandonment of case received from INS
Case History.
I140 applied at VSC under EB2(Labor filed as BS+5 yrs exp)
VSC sent a RFE back with the following
1. documentary evidence that job requires individual to have advanced degree
2. documentary evidence that beneficiary has in fact 5 yrs progressive experience.
3.1999 and 2000 Tax returns
4. Proof that compamy has ability to pay the wages in Labor application

INS sent a written notice on March 4 because they did not receive the documents requested in RFE by the required date.Apparently my lawyer did not send it on time

My info:
3 yr degree in India , adv 2 yrs diploma in Computer programming and around 8 yrs work experience in IT field prior to joining current job.

Questions:
Do I reopen my EB2 case or file for new I140 based on EB3
Do I need to file for new Labor petition without the BS+5 yrs criteria .
Any suggestions on whiich is more prudent and the timeframe I am looking at.

Thanks in advance
Sud.
 
If you have all necessary documents to support your case

Re-apply for I140 EB2 stating that you missed the deadline to respond to your RFE.....But make sure ETA750 requirements exactly match with your educational qualifications and experience before re-applying...You and your lawyer must discuss it together......

I know it\'s hard & time consuming to redo the process...\'cause I myself had gone thru\' it before....but don\'t worry about the past for it can\'t be undone.....Think about what can done now....if you think your lawyer is incompetent, consult with another lawyer before you do anything on your case........
 
thanks and I think

I don\'t have the required document to prove "PROGRESSIVE EXPERIENCE". In that case what would be prudent ? To go for EB3 with the current Labor or start with the labor all together? There could be 2 issues with the current labor and new EB3 petition. 1.Why would we need a labor for BS + 5 when we are going for EB3 and/or 2. I may get the same RFE even with EB3.

And you are so right, I need to consult a second lawyer as in my case my lawyer proved to be completely incompetent.

Thanks
 
It depends on your ETA750 requirements

If you post the exact requirement asked for, in your labor it will more clear........

And yes you are right, if it was mentioned as BS plus 5 years of progressive experience there is a chance of getting the same RFE...but usually for EB3 most of the time they overlook since it\'s only critical for EB2......so you can take a change with it while starting another labor in parallel if that\'s possible....
 
Here is what it says ...

My Labor application says B.S. degree required in Computer science along with 5 yrs of experience in software development.

You mentioned a good point but now what I don\'t know is, if its atall possible to take a chance with EB3 and start another labor in parallel .. ? Could I have one labor cleared and yet apply for another without first cancelling it?

Thanks a bunch for all your time.

Sud
 
Check this out

there was someone in a similar situation sometime back and here is the link to it...

Jim Mills ""Written decision mailed" mesage . milli please reply" 2/14/02 6:56pm
 
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