I applied my I-140 using labor substitution in TSC using my friend's Labor working in the same company. I got RFE for my I-140.
Here is the details are:
My friend - B.E (Electronics & Communication) - Completed in July 1994 & Myself - B.E (Electrical & Electronics) - Completed in July 1994.
My friend - Worked from August 1994 to Feb-2000 in India & US.
Myself - Worked from August 1994 to Feb-2000 in India & US.
Both of us were working in the same platform and skill sets. Both of us joined the same company and working with the same client from March 2000. My friend applied for 2 labor - X from where my company's Headquarters and Y from the state where we are working. His X labor got approved and he proceeded with it for I-140 which got approved & I-485 pending. The Y labor got approved in January 2002.
I used the Y Labor and filed I-140 Labor Substitution with TSC in July 2002. Since I know it is my friend's labor and know his qualification, I didn't bother much to check further since we were having same Eductaional Qualification, Experience and Salary. When I checked his ETA-750 A & B and my ETA-750 B were similar. In my I-140 form, my attorney checked EB3 and even in the covering letter from attorney & Employer specified "Skilled Worker or Professional".
But my attorney got an RFE from INS today and he sent an email today. "The BCIS is asking us to prove that you have a Masters degree or its equivalent. They are also asking for an educational evaluation to prove the Masters aspect."
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When I checked Original ETA 750-A form, I found the following:
Column 14:
Eduction - Grade/High School - COMPLETED; College - 6; College Degree Required - Masters*; Major Field of Study - Electronics & Communications Engg**;
Experience - Job Offered - 2 Yrs; Related Occupation - 2 Yrs; Related Occupation - Programmer Analyst***.
In the Addendum for Form ETA - 750, Following information is specified:
Section 14: Minumum Education/Major Field of Study
*Will accept Bachelor's degree or Foreign degree equivalent plus five years of work experience in a related occupation in Lieu of the required Master's degree.
** Or Compute Science, Engineering (any field), Mathematics, Science (any field), Physics, Statistics or its foreign degree equivalent. Will accept three years of education plus three years work experience in a related occution in lieu of the required Bachelor's degree.
Section 14: Related Occupation
*** Systems Analyst, Software Engineer, Database Administrator, Project Leader, Database Analyst, Network Administrator.
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Here is what my attorney says in the email: "In answering this RFE, I will need to provide my educational evaluator with your educational documents, employment experience letters and post-graduate certificates. I will then need to draft a Response to the RFE, providing factual and legal arguments that your education and work experience are the equivalent of a Masters degree. I have no doubt that we will be successful. The good news is we finally received something on your I140. We should not have a problem in answering the RFE. " I am going to talk to him tomorrow.
Now, here is my question:
1. Since I have 5 1/2 years experience before I joined my current employer, I think can prove MS = BE + 5 years experience. But what about the 2 years experience? Do I really need 7 years experience (5 years for MS equivalent and 2 years for experience part) or the 5 years experience will cover for both equivalence and experience part?
2. Since the Labor receipt date at State Office is June 21, 2001 and by that time my experience will be nearly 7 years, will help me in any way?
3. What are my chances for success?
Thanks,
RRK15.
Here is the details are:
My friend - B.E (Electronics & Communication) - Completed in July 1994 & Myself - B.E (Electrical & Electronics) - Completed in July 1994.
My friend - Worked from August 1994 to Feb-2000 in India & US.
Myself - Worked from August 1994 to Feb-2000 in India & US.
Both of us were working in the same platform and skill sets. Both of us joined the same company and working with the same client from March 2000. My friend applied for 2 labor - X from where my company's Headquarters and Y from the state where we are working. His X labor got approved and he proceeded with it for I-140 which got approved & I-485 pending. The Y labor got approved in January 2002.
I used the Y Labor and filed I-140 Labor Substitution with TSC in July 2002. Since I know it is my friend's labor and know his qualification, I didn't bother much to check further since we were having same Eductaional Qualification, Experience and Salary. When I checked his ETA-750 A & B and my ETA-750 B were similar. In my I-140 form, my attorney checked EB3 and even in the covering letter from attorney & Employer specified "Skilled Worker or Professional".
But my attorney got an RFE from INS today and he sent an email today. "The BCIS is asking us to prove that you have a Masters degree or its equivalent. They are also asking for an educational evaluation to prove the Masters aspect."
-----------
When I checked Original ETA 750-A form, I found the following:
Column 14:
Eduction - Grade/High School - COMPLETED; College - 6; College Degree Required - Masters*; Major Field of Study - Electronics & Communications Engg**;
Experience - Job Offered - 2 Yrs; Related Occupation - 2 Yrs; Related Occupation - Programmer Analyst***.
In the Addendum for Form ETA - 750, Following information is specified:
Section 14: Minumum Education/Major Field of Study
*Will accept Bachelor's degree or Foreign degree equivalent plus five years of work experience in a related occupation in Lieu of the required Master's degree.
** Or Compute Science, Engineering (any field), Mathematics, Science (any field), Physics, Statistics or its foreign degree equivalent. Will accept three years of education plus three years work experience in a related occution in lieu of the required Bachelor's degree.
Section 14: Related Occupation
*** Systems Analyst, Software Engineer, Database Administrator, Project Leader, Database Analyst, Network Administrator.
----------------
Here is what my attorney says in the email: "In answering this RFE, I will need to provide my educational evaluator with your educational documents, employment experience letters and post-graduate certificates. I will then need to draft a Response to the RFE, providing factual and legal arguments that your education and work experience are the equivalent of a Masters degree. I have no doubt that we will be successful. The good news is we finally received something on your I140. We should not have a problem in answering the RFE. " I am going to talk to him tomorrow.
Now, here is my question:
1. Since I have 5 1/2 years experience before I joined my current employer, I think can prove MS = BE + 5 years experience. But what about the 2 years experience? Do I really need 7 years experience (5 years for MS equivalent and 2 years for experience part) or the 5 years experience will cover for both equivalence and experience part?
2. Since the Labor receipt date at State Office is June 21, 2001 and by that time my experience will be nearly 7 years, will help me in any way?
3. What are my chances for success?
Thanks,
RRK15.