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Munna Bhai
12-14-2007, 09:20 AM
I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


I would like to get more information so that others who are planning to apply for GC should take this into consideration.

Any inputs is appreciated.

Thanks,
-M

dakajo
12-14-2007, 10:07 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007

thepaew
12-14-2007, 10:23 AM
Hi

The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications

I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.

Best of Luck

I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007

gcphul
12-14-2007, 10:37 AM
Munnabhai,

I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

Munna Bhai
12-14-2007, 10:42 AM
Munnabhai,

I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.

Munna Bhai
12-14-2007, 10:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007

Please update us once you receive RFE, I will update the items.

wa_Saiprasad
12-14-2007, 11:09 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

gcformeornot
12-14-2007, 11:13 AM
RFEs these days? Especialy for I140s?

Munna Bhai
12-14-2007, 11:15 AM
RFEs these days? Especialy for I140s?

Yes, too many RFEs and we can expect more very soon because of AC21 usage etc.

Munna Bhai
12-14-2007, 11:16 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluatorsí for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.

sam_hoosier
12-14-2007, 11:35 AM
Munnabhai,

I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

Why are you HOPING to get rejected ? :D

But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.

gcphul
12-14-2007, 04:14 PM
Hi Sam,Munnabhai

Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.

Life2Live
12-14-2007, 04:24 PM
I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.

However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.

I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......

Munna Bhai
12-14-2007, 04:49 PM
I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.

However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.

I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......

get your own evaluation from http://www.wes.org/ or any other source, don't depend on company/attorney etc.