R.F.E. on I-140 3 year degree

[baba_85]

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.
2) What I need to do if I don't have any experience letter or evidence from one of the past employer.
3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)
4. What are my chances of getting the I-140 approved and options if rejected.

Thanks in advance.

[meridiani.planum]

Originally Posted by baba_85

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.

dont submit originals if all you have are marks cards and the original degree certificate that you get only once from the university. If you dont have transcripts (These are sealed documents that your univeristy gives you), submit notarized copies of your marks card and your degree certificate.

2) What I need to do if I don't have any experience letter or evidence from one of the past employer.

contact some employee of that same firm who worked with you there and can submit an experience letter on your behalf. He need not be employed there at this time, but should have worked with you (ideally your manager) and be willing to write up a detailed description of what you did (skills) and for how long (dates down to months). You probably need two of these, and they should be notarized. Since you claimed 6 years of experience, you need enough experience letters that add up to 6 years in the areas mentioned in your LC.

3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)

I-140 experience letter format - Google Search

An experience certificate saying you worked from dd-mm-yy to dd-mm-yy is not enough. You need a description of skillset also (Eg: worked on java applet gui development or MS .NET etc). something along teh lines of what your resume would have, and also inline with the requirements described in the LC.

4. What are my chances of getting the I-140 approved and options if rejected.

50:50. You might get another RFE saying the BSc is not equivalent to a 4 year US bachelors... that one might be tough to handle if it comes.

If the I-140 is rejected, your only option (Assuming you dont qualify for some other visa) would be to file an appeal or MTR and get an H1 extension filed asap with some other employer on the basis of that old labor being 365 days old. You might have to leave the US, get a visa stamp and re-enter to activate teh status-change. Then with that new employer file another LC asap, and hope that and your I-140 get approved within a year...
the 485 would be gone, and so would this priority date (need approved I-140 to be able to carry over teh PD).

[gapala]

Originally Posted by baba_85

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.
2) What I need to do if I don't have any experience letter or evidence from one of the past employer.
3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)
4. What are my chances of getting the I-140 approved and options if rejected.

Thanks in advance.

Welcome to IV. As per EB rules, you may qualify for EB3 Skilled worker category with a 3 year degree. It all depends on which category did your employer file LCA in. If you know the category, please post the information. Also include which service center so that members will be able to understand situation better. Do fill in the profile when you get a chance.

[CreatedToday]

Yes, Gapala is right, it depends on the LCA.

Do not rush and get an evaluation done by people offering SPECIAL evaluation done for 3 year Indian degree equating it to 4 year US degree. USCIS do not buy it anymore; it was accepted for EB2 also, but now, not even for EB3!

The charges are very high ~$1500 and rush service $200, though it's all the same all old 300 pages PDF file with find-and-replace done with your name!

So check your LCA carefully and discuss with a qualified attorney.

Originally Posted by gapala

Welcome to IV. As per EB rules, you may qualify for EB3 Skilled worker category with a 3 year degree. It all depends on which category did your employer file LCA in. If you know the category, please post the information. Also include which service center so that members will be able to understand situation better. Do fill in the profile when you get a chance.

[txh1b]

Sorry to say it but you need to prepare yourself for a denial. I can see this getting denied as all these evaluators have lost the credibility due to fraud.

The best possible thing that can lead to an approval is if you can get admission into a Masters program in a University here in US based on the 3 year degree, USCIS will accept that possibly for the I140. Try that route.

[Honda]

Originally Posted by baba_85

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.
2) What I need to do if I don't have any experience letter or evidence from one of the past employer.
3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)
4. What are my chances of getting the I-140 approved and options if rejected.

Thanks in advance.

If you have computer subjects in your 3 year degree, You can notarize your documents. I am thinking that might help you also.

[ski_dude12]

Can you please update your profile as it will help other when replying...

[snathan]

Originally Posted by baba_85

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.
2) What I need to do if I don't have any experience letter or evidence from one of the past employer.
3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)
4. What are my chances of getting the I-140 approved and options if rejected.

Thanks in advance.

The key here is the wordings in your PERM job requirement. Do you have any idea what it was in your PERM? If so, people can give you better suggestion. If you dont know check with your attorney or employer. For e.g if you have B.S or equvalent Foreign degree as evaluvated by reputated firm...something like that.

If your I-140 is rejected go for appeal, in the mean time start new PERM process. So if you lose the appeal you can use the new PERM in EB3 or if you get it done, you can stick with your current I-140. Appeal will normally take time. So make use of that time for new PERM process.

[Honda]

Originally Posted by snathan

I am not sure how notarize will help here when they ask to prove 3 years degree = 4 years degree.

Last time i notarized my documents through lawyer. My I-140 is approved with out any problem. If you notarized your documents also that will help you alot? Best of luck buddy.

[sonia_sd]

Originally Posted by baba_85

Hi,

I have 3 years of Bachelor's Degree (B.Sc.) My labor was filed showing 6 years of experience. I filed concurrent I-140 and I-485 in August 2007. I am currently working on EAD ( I have completed my 6 years on H1 and there is no extension)

I received R.F.E. this week on I-140 asking to provide following documents/evidence.

1. Original complete transcripts and Degree
2. Original employment verification letters from current and past employers and corroborating evidence of employment experirence in the form of pay stubs or other documentary evidence.
3. W-2 for the years 2007 and 2008. Current Paystubs.

My questions are:
1) If my submit Original transcripts and Degree, when and how do I get it back.
2) What I need to do if I don't have any experience letter or evidence from one of the past employer.
3) Can anyone please provide me a template for the employment verification letter. (I had attached experience certificates but they say it does not contain sufficient information)
4. What are my chances of getting the I-140 approved and options if rejected.

Thanks in advance.

I fully suspect your case. Having your i-140 filed in Aug07 you are getting queries now ?? hard to....no, no, tough to believe. My friend's I140 got approved on EB3 with the samilar type of filing. and others got approved in April this year who filed in July08. If you are trying to timepass......I cant help you, if you are really in trouble I would suggest you first talk to your employer's attorney.

[optimist]

Baba_85,

Welcome to IV!

Sorry to hear about your situation. You need to take this VERY seriously if you want to come out of the problem. First and foremost you need to hire the very best immigration lawyer you can find. The cost may be high but, trust me, it would be worth every cent. Do not depend solely on your company's HR/lawyer, if any. Your best interests are served only by a lawyer whom YOU are paying directly. Your lawyer will evalute your whole situation and suggest the best solution.

Second, its not normal for the USCIS to ask for original transcripts and degree. I don't know what the adjudicating officer is suspecting, but since they are asking, you have to be careful that whatever you give them is acceptable- once again your lawyer will be the best person to recommend the right documents. Do not assume that notarized copies are sufficient- remember if you do not fulfill all their requirements in your first answer, they are not obliged to give you a second RFE.

Again, surprisingly they haven't (yet) raised the question of you having a 3-year degree. If you are lucky, your LC was probably written in a way that would make you ok even with that degree. But be prepared to face problems with this- if you have any other certificates/diplomas besides the 3-year degree, definitely let your lawyer know.

I know I am sounding very pessimistic in this post, but you are indeed in a very difficult situation- but remember anything is achievable if you put in the right efforts. Good Luck!

[Sheila Danzig]

I agree - since they have not questioned the 3 year degree I would not even think about it. You need an excellent experienced attorney. Many advertise here or get a personal referral from someone you know who may have had some problem of their own. I have been told that a "Notarized True Copy" with an explanation that you have only one original is generally acceptable. However only your attorney can truly advise you here.

Originally Posted by optimist

Baba_85,

Welcome to IV!

Sorry to hear about your situation. You need to take this VERY seriously if you want to come out of the problem. First and foremost you need to hire the very best immigration lawyer you can find. The cost may be high but, trust me, it would be worth every cent. Do not depend solely on your company's HR/lawyer, if any. Your best interests are served only by a lawyer whom YOU are paying directly. Your lawyer will evalute your whole situation and suggest the best solution.

Second, its not normal for the USCIS to ask for original transcripts and degree. I don't know what the adjudicating officer is suspecting, but since they are asking, you have to be careful that whatever you give them is acceptable- once again your lawyer will be the best person to recommend the right documents. Do not assume that notarized copies are sufficient- remember if you do not fulfill all their requirements in your first answer, they are not obliged to give you a second RFE.

Again, surprisingly they haven't (yet) raised the question of you having a 3-year degree. If you are lucky, your LC was probably written in a way that would make you ok even with that degree. But be prepared to face problems with this- if you have any other certificates/diplomas besides the 3-year degree, definitely let your lawyer know.

I know I am sounding very pessimistic in this post, but you are indeed in a very difficult situation- but remember anything is achievable if you put in the right efforts. Good Luck!