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RAJASEKERAN
11-12-2009, 11:44 PM
Hi,

My educational background is Bachelor of Engginerring in Computer science.

I came to United states in December 2006. when i came i was having six years of experience.

My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

What will happen now ?

What type of document i should provide to USCIS for this query?

Will my I - 140 get approved ?

Thanks & Regards,
Raj..

uma001
11-16-2009, 04:56 PM
Hi,

My educational background is Bachelor of Engginerring in Computer science.

I came to United states in December 2006. when i came i was having six years of experience.

My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

What will happen now ?

What type of document i should provide to USCIS for this query?

Will my I - 140 get approved ?

Thanks & Regards,
Raj..

This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards

uma001
11-16-2009, 04:57 PM
Hi,

My educational background is Bachelor of Engginerring in Computer science.

I came to United states in December 2006. when i came i was having six years of experience.

My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

What will happen now ?

What type of document i should provide to USCIS for this query?

Will my I - 140 get approved ?

Thanks & Regards,
Raj..


Is your green card filed under EB2 or EB3?

RAJASEKERAN
11-16-2009, 10:33 PM
Hi Uma,

My Green card is filed under EB2 category.

Thanks & Regards,
Raj..

yestogc
11-17-2009, 02:30 PM
the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.

Act fast as this may take time