| Author | Topic:
Got 2nd RFE on I-140/NSC... Please let me know what to do? | sunil707
Member | 
posted
February 13, 2006 01:47 PM 
 
Hello Attorney and the Forum,
Please pardon me for such a long post. I really need to give you the detailed info so that you can understand the situation and give me a proper advise. It’s a situation of not knowing weather to be happy or not to be happy.
My Case:
I140/I485 concurrent / Sept’05 / EB2 / NSC;
Education: 3 years Bachelor’s of commerce degree from India;
Total experience in the field – 21 years;
Oct’05 - RFE on education and company’s ability to pay;
RFE responded on 1st week of Jan’06 – Documents submitted were: a) Very detailed evaluation b) Companies financial doc c) experience letter from a big company in India where I worked for 7 ½ years;
H1B 7th year extn valid until Oct’06;
Priority date: April 20, 2001
Got 2nd RFE today i.e. on 02/13/2006 as below:
:quote:
You have provided four education evaluations for the beneficiary. One equates to an associates degree, one equates the education to three years of higher education. The two most recent evaluations equate the foreign degree to a similar degree in the U.S. The current evaluations do not provide copies of the information used to equate the education to a U.S. Bachelor of Commerce degree.
The ETA-750 requires three years of college leading to a bachelor’s degree. Based on this, the Service is willing to approve the petition in the E32 professional category. However, based on the conflicting evaluation, the Service is unwilling to approve the case in the E21 advanced degree category.
Please advice how you wish to proceed in this matter.
:unquote:
Looks like the officer has agreed to my education evaluation and the company’s financial position. He is willing to approve I-140 for EB3 category but not under EB2. I really don’t know what other evidence I can provide to have my case approved in EB2.
Questions/Thoughts:
Should I go ahead and tell NSC to go ahead approve under EB3?
The situations with this are:
a) My I485 will outright be rejected because it was applied in Sept’05 assuming the application was filed under EB2.
b) I need to wait for priority dates to be current for EB3 to reapply for my I-485. What if the priority date does not become current before my H1B (7th year extn) expires in Oct’06? In this case I have to leave USA for minimum 1 year. Please note that I may not be able to extend my H1B further because there will nothing be pending with USCIS that can help me in extn. (Remember this is in the scenario of I-140 approved).
In the other scenario, I have to provide copies of the information used to equate the education to a U.S. Bachelor of Commerce degree so that the officer can make a positive decision to I-140 under EB2. But per my understanding I have provided everything to them. I don’t know what else the officer wants?
The situations with this are:
a) I have to provide copies of the information used to equate the education to a U.S. Bachelor of Commerce degree so that the officer can make a positive decision to I-140 under EB2. But per my understanding I have provided everything to them. I don’t know what else the officer wants?
b) Please remember that the officer has not rejected my I-140, instead he raised 2nd RFE, which is not common in these type of scenario. What if I try to provide more evidence (I don’t know what) and based on the new evidence if the officer takes the final decision of rejecting the I-140 application. In this case I have to start the I140 & 1485 from the scratch.
Also somebody suggested that I should opt for EB3. Visa bulletin suggests priority date of January 1, 2001. I have priority date of April 20, 2001. It may not take long before my priority date is up. If it takes more than a year before the priority date is available and your H1B1 has expired, I am still safe here in U.S. as you are subject to 245(i) and 245(k). What you guys think on it?
Also please let me know of anything I am missing or should be knowing based on the above info.
Thanx a ton in advance for your valuable suggestions.
Sunil
Posts:
238 | Registered: June 03, 2005 |
| | sunil707
Member |
posted
February 16, 2006 07:56 AM
Thanks Abbaraju,
I am going to accept EB3. I have to reply this RFE before May 4th. I am planning to wait for next two visa bulletins, April and May’06. I believe (do you?) that the chances are great for the priority dates passing April 2001 for EB3.
In this scenario (If priority date passes Apr’01), if needed, I may request the officer to move/convert I485 from EB2 to EB3 and thus I may not need to reapply I-485.
The detailed discussion on this issue is being discuss in the forum '140/485 Concurrent Filing'.
Thanks cor your suggestions and concerns.
Sunil
Posts:
238 | Registered: June 03, 2005 |
| | | | sunil707
Member |
posted
February 28, 2006 08:56 AM
[QUOTE]Originally posted by mncbabu:
I had a similar experience. If you have only 3 years degree, no matter what you show for evaluation, they do not accept as a 4 year degree. It is your luck they have provided an option. It is very difficult to force them to approve in EB2.[/QUOTE]
Dear Mncbabu - They (specially NSC) do except the 3 years degree provided it is properly evaluated and backed by some expert opinion. I did submit my first evaluation with the I-140 application. That was Masters in Computer Science based on education (three years degree in commerce) and my 21 years of IT experience. Got an RFE on that saying they do not mix the edu with experience. Then I did submit a very detailed evaluation of only the degree (credit by credit) along with an expert opinion. They accepted it. It’s a different issue that they agreed upon EB3 and not EB2. But the end result is that they accepted the 3 years degree equiv to 4 years of US degree. If you or someone need more info you can reach me at sunil seven zero seven at h0tmail d0t c0m.
Sunil
Posts:
238 | Registered: June 03, 2005 |
| gmb
Member |
posted
March 08, 2006 01:37 PM
>>>>>b) I need to wait for priority dates to be current for EB3 to reapply for my I-485. What if the priority date does not become current before my H1B (7th year extn) expires in Oct’06? In this case I have to leave USA for minimum 1 year. Please note that I may not be able to extend my H1B further because there will nothing be pending with USCIS that can help me in extn. (Remember this is in the scenario of I-140 approved).
Sunil, please correct me if I am wrong. If you have your I-140 approved under EB3 and still waiting to file your 485 at the time of expiration of your H1B, you should be able to get 3 yrs. extension on your H1B, right? Why do you have to leave the country for 1 year?
Posts:
138 | Registered: February 01, 2004 |
| sunil707
Member |
posted
March 09, 2006 05:53 AM
You are right gmb. I don't have to leave the country.
I was under the wrong impression when I posted the first msg. Earlier I thought that there has to be something pending to get the H1B ext. beyond 6 years e.g. labor pending for more then 1 year or I140 pending for approval.
Now I understand (I guess…) that if I-140 is approved I can get the 3 years extn weather the I485 is pending or not.
Thanks for your concerns 'gmb'…
Sunil
Posts:
238 | Registered: June 03, 2005 |
| | | prince_ny2000
Member |
posted
January 22, 2007 01:20 PM 
EB2 or EB3 its just a few months difference for you. You must always choose a safe side. What if the I-140 further got delayed due to any unforeseen reasons? You won't even be able to extend your H1B then. So go ahead accept under EB3 and keep some time spared for approval notice.
Posts:
1161 | Registered: May 07, 2006 |
| senthiltamil
Member |
posted
July 23, 2007 12:29 PM
Sunil707,
Did your case get approved?
Posts:
14 | Registered: June 18, 2007 |
| newGCuser
Member |
posted
August 04, 2007 07:10 AM
Sunil,
Is your case approved.Pelase let us know
Posts:
56 | Registered: July 23, 2007 |
| | kcmgr1
Member |
posted
September 07, 2007 09:24 AM
Guys, does a 3 year degree + 3 year MCA (plus 12 years experience) qualifies for EB2? The evaluation during H1 says equivalent to US Masters.
Posts:
582 | Registered: September 30, 2003 |
| gcmatters
Member |
posted
September 12, 2007 07:43 AM
what sis your 3 year degree in?
what is your experience in?
EB2 depends on case by case, so post more details.
Posts:
64 | Registered: August 18, 2007 |
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