I-140 RFE Help!!!
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Last edited by ujjvalkoul; 07-06-2006 at 10:26 AM.