I-140 RFE --Need Help

[hydblue007]

I have 3 years Bsc in computers+ 2 years Msc in computer science

In Labor minimum requirement was Master.

I got the below RFE, Need your suggestions and help

1) Submit evidence to establish that you had the financial ability to pay the offered wage as of February 25,2011 and continue to have such ability. Such evidence must include your latest annual report, your latest U.S.tax return, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, and/or personnel records.

[GCVivek]

1. Send companies financial information for 3 full years including 2010.
2. Send last 3 pay stubs you received.
3. Withdraw "Master's degree" claim and apply as holder of Bachelor's degree after doing educational evaluation that infact your Bachelor's is equivalent. Hope Labor/USCIS accepts otherwise, nothing can be done.

[hydblue007]

Thanks for your reply Vivek. The problem is minimum qualification was set to masters in Labor.

[mmillo]

http://immigrationvoice.org/forum/fo...rs-degree.html (I-140 RFE on three year Master's Degree)

[getgreensoon1]

Originally Posted by hydblue007

I have 3 years Bsc in computers+ 2 years Msc in computer science and 5 years of experience

In Labor minimum requirement was Master.

I got the below RFE, Need your suggestions and help

1) Submit evidence to establish that you had the financial ability to pay the offered wage as of February 25,2011 and continue to have such ability. Such evidence must include your latest annual report, your latest U.S.tax return, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, and/or personnel records.

2) Please provide a copy of the beneficiary's most recent paycheck receipt. The receipt that you provide must identify both the beneficiary and his employer by name, and specify the beneficiary's gross/net pay, income received year-to-date, income tax deductions withheld, and the length of the pay period.

3) Submit evidence that the alien obtained the required Master's of Computer Science before February 2, 2011. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.


In determining whether the beneficiary's diploma from the University of Madras is a foreign equivalent degree,we have reviewed the Electronic Database for Global Education (EDGE) created by the American Association of Collegiate Registrars and Admissions Officers (AACRAO). AACRAO, according to its website, AACRAO - American Association of Collegiate Registrars & Admissions Officers, is a "nonprofit, voluntary, professional association of more than 10,000 higher education admissions and registration professionals who represent approximately 2,500 institutions in more than 30 countries." Its mission is "to provide professional development, guidelines, and voluntary standards to be used by higher education officials regarding the best practices in records management, admissions, enrollment management, administrative information technology, and student services." According to the registration page for EDGE, the database is a "web-based resource for the evaluation of foreign educational credentials."

According to EDGE the Bachelor of Science represents attainment of a level of education comparable to two to three years of university study in the United States. The diploma submitted from ****** University indicates that the beneficiary received a 2 year degree. Additionally, the transcrips from the University of ***** show 2 years of coursework. Therefore, it does not appear that the beneficary has attained a degree equivalent to a U.S.Master's degree.

To me this looks to be one more case of EB2 fraud. Desi consultant plus trying to prove INdian MSc is equivalent to US graduate degree. At least USCIS has woken up now.

[rkay]

Originally Posted by getgreensoon1

To me this looks to be one more case of EB2 fraud. Desi consultant plus trying to prove INdian MSc is equivalent to US graduate degree. At least USCIS has woken up now.

To me all F1 Eb2s are fraud who came on non-immigrant intent visa and later filed for GC.

[getgreensoon1]

Originally Posted by rkay

To me all F1 Eb2s are fraud who came on non-immigrant intent visa and later filed for GC.

You might want to take that with USCIS or your local senator. Good luck and let me know what you find out.

[rkay]

Originally Posted by getgreensoon1

You might want to take that with USCIS or your local senator. Good luck and let me know what you find out.

Please do the same with your "everyone after me" non-sense.

[rahul2699]

Originally Posted by rkay

To me all F1 Eb2s are fraud who came on non-immigrant intent visa and later filed for GC.

not again!! you sound similar to PlainSpeak ...F1's are not applying for GC while on non-immigrant status they are applying for H1-B to be a temporary immigrant first. If you think you didnt mis-state facts at the time of visa interview -- why didn't you/aren't planning to leave the country after the 1st 3 year H-1 term? Isn't that what you wrote on your DS-160?

having said all that this topic needs to put to rest ..its boring to see same garbage over and over in different posts.

[rkay]

Originally Posted by rahul2699

not again!! you sound similar to PlainSpeak ...F1's are not applying for GC while on non-immigrant status they are applying for H1-B to be a temporary immigrant first. If you think you didnt mis-state facts at the time of visa interview -- why didn't you/aren't planning to leave the country after the 1st 3 year H-1 term? Isn't that what you wrote on your DS-160?

having said all that this topic needs to put to rest ..its boring to see same garbage over and over in different posts.

Here is the difference.

H1B is a dual intent visa. They can switch to an immigrant visas later on. In fact vast majority of H1Bs coming directly don't even think of GC when they come here. Most of them change their decision later on.

F1: Most of the guys come here as a convenient way to enter US and then apply for GC. When they are at the consulate, they swear to the officer they don't intend to immigrate while they already have plans to settle here. You don't convince me. I know this personally. You can lie whatever you want to consulate. But we know the truth. I don't want to go into more details. You know it, I know it.

So stop looking down on Indian graduates as if nobody else knows what you guys are doing.

[rahul2699]

Originally Posted by rkay

Here is the difference.

H1B is a dual intent visa. They can switch to an immigrant visas later on. In fact vast majority of H1Bs coming directly don't even think of GC when they come here. Most of them change their decision later on.

F1: Most of the guys come here as a convenient way to enter US and then apply for GC. When they are at the consulate, they swear to the officer they don't intend to immigrate while they already have plans to settle here. You don't convince me. I know this personally. You can lie whatever you want to consulate. But we know the truth. I don't want to go into more details. You know it, I know it.

So stop looking down on Indian graduates as if nobody else knows what you guys are doing.

Not true ....you still have not provided any convincing argument. All i hear is you ranting about F1-H1 conversion
How do you know that most of the H-1B's dont have intentions to apply for GC? however you know that most of the guys come here to apply for GC? and you know that personally how?
I am not trying to derail the topic here but unless you can prove that there is a fraud involved in people legitimately converting from F-1 to H-1B your theory is pure BS.

[getgreensoon1]

Originally Posted by rkay

Here is the difference.

H1B is a dual intent visa. They can switch to an immigrant visas later on. In fact vast majority of H1Bs coming directly don't even think of GC when they come here. Most of them change their decision later on.

F1: Most of the guys come here as a convenient way to enter US and then apply for GC. When they are at the consulate, they swear to the officer they don't intend to immigrate while they already have plans to settle here. You don't convince me. I know this personally. You can lie whatever you want to consulate. But we know the truth. I don't want to go into more details. You know it, I know it.

So stop looking down on Indian graduates as if nobody else knows what you guys are doing.

No matter what the intent is in the begining.

3 years + 2 years indian degree in EB2 = EB2 fraud.

[rkay]

Originally Posted by rahul2699

Not true ....you still have not provided any convincing argument. All i hear is you ranting about F1-H1 conversion
How do you know that most of the H-1B's dont have intentions to apply for GC? however you know that most of the guys come here to apply for GC? and you know that personally how?
I am not trying to derail the topic here but unless you can prove that there is a fraud involved in people legitimately converting from F-1 to H-1B your theory is pure BS.

F1 issue:
How do I know ? I personally know lot of people doing that ?

H1 issue:
Again I personally know lot of people including myself.

There is no legitimate route from F1 to GC. There is legitimate route from F1 to H1. It stops right there. Personally I don't have anything against people converting from F1 to GC. It is just illegal/fraud.

If you want further proof, compare the number of F1s returned to India vs F1s who settled here.

[rkay]

Originally Posted by getgreensoon1

No matter what the intent is in the begining.

3 years + 2 years indian degree in EB2 = EB2 fraud.

Says who ? Proof please. Also let me know what unique skills fresh MS possess to qualify him/her for EB2.

I am sure you also think the entire EB system was setup just for your GC.

[rahul2699]

Originally Posted by rkay

F1 issue:
How do I know ? I personally know lot of people doing that ?

H1 issue:
Again I personally know lot of people including myself.

There is no legitimate route from F1 to GC. There is legitimate route from F1 to H1. It stops right there. Personally I don't have anything against people converting from F1 to GC. It is just illegal/fraud.

If you want further proof, compare the number of F1s returned to India vs F1s who settled here.

no one is converting from F1 - GC. its F1-H1-GC if the person wants to file a GC. get your facts straight before posting.