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suni123 09-20-2012 01:17 AM

I140 RFE --- Less experince. Please advise******
I got the RFE on my Eb2 I-140, Saying that I don't have 5 years post-baccalaureate experince on the job offered. Could some any one please what would be the options.

My Details.:

I received Btech Degree in April 2002. I Joined current company XYZ in Jan 2007 who filed by GC on EB2. I showed the experince starting from July 2001. which calculates as 5.3 months before I joined my current comany XYZ. Looks from the query that USICS is not consider the experience while I'm doing Btech.

1). Does work experince is not consdier till we complete Betch.? Atually I was selected in

campus and started working from the final year only.

2). I have done my MBA from Distance education in XXX universirty in India. Does the Distance Education MBA is consider as advanced degree and eligible for EB2. ?

Please advise. your reply is highly appriacted. and this is urgent please......



stlouisguy 09-20-2012 02:11 PM

i assumed they calculated your 4.9yrs exp between April'2002 to Jan'2007, more over you have master degree as well, did attorney suggested anything?

krishmunn 09-20-2012 02:23 PM

First, the experience must be after Degree. Any experience before that is not counted

Second, what does your PERM say ? Does it say "Bachelors + 5 yeare Progressive Experience OR Masters" or just "Bachelors + 5 yeare Progressive Experience".
If it is former, you have an argument using your masters provided your job requires MBA (i.e. not technical).

It looks like the Attorney has messed up the case. I suggest get a better Attorney ASAP

suni123 09-20-2012 03:37 PM

Thanks for your reply.
In my perm they mentioned as Bachelors + 5 year Experience.
I have not informed them at that time becuase i have done MBA from distance education while my working.
I don't know If we can provide my Distance MBA. will that be cosider?

krishmunn 09-20-2012 07:46 PM

Very unlikely this will go forward. Even if the PERM would have said Masters, it would have failed. Reason, you got your degree while with the GC sponsoring employer

From what I see, you will probably need to restart your GC process. But I am not an attorney.

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