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-   -   I-140 RFE based on Educational Qualification (https://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1599312-i-140-rfe-based-on-educational-qualification.html)

vmetla 07-30-2010 08:48 PM

I-140 RFE based on Educational Qualification
 
Hi All,

I received an RFE based on my qualification and the Job requirement qualification.

While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO

And in my profile, he listed the degree as ENGINEERING.

Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

The USCIS is requesting evidence that the beneficiary obtained a Bachelorís Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

MY Attorney Suggested 2 things.

1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

Please let me know if i stand any chance with these 2 options.

austingc 07-31-2010 12:37 AM

Quote:

Originally Posted by vmetla (Post 1973954)
Hi All,

I received an RFE based on my qualification and the Job requirement qualification.

While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO

And in my profile, he listed the degree as ENGINEERING.

Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

The USCIS is requesting evidence that the beneficiary obtained a Bachelorís Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

MY Attorney Suggested 2 things.

1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

Please let me know if i stand any chance with these 2 options.

I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.

vmetla 07-31-2010 01:37 AM

Thank you very much for your response.

vmetla 07-31-2010 01:41 AM

Quote:

Originally Posted by austingc (Post 1973986)
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.

Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.

As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.

austingc 07-31-2010 12:15 PM

Quote:

Originally Posted by vmetla (Post 1973992)
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.

As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.

That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.

maddipati1 07-31-2010 07:19 PM

why not both
 
why does it have to be only one option. submit both or even more of other types

vmetla 09-01-2010 06:08 AM

I-140 is approved
 
Quote:

Originally Posted by austingc (Post 1974029)
Thatís good. In addition to the evaluation, it doesnít hurt to get a letter from the university to show that the degree is actually computer and mathematics related.

Thank you for your help in this regard. My attorney submitted

1. Expert Opinion Letter
2. University Letter

and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.

austingc 09-01-2010 11:21 AM

Quote:

Originally Posted by vmetla (Post 1982991)
Thank you for your help in this regard. My attorney submitted

1. Expert Opinion Letter
2. University Letter

and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.

That’s great news. Congratulations.

psaxena 09-01-2010 11:42 AM

was it EB2 or EB3

vmetla 09-01-2010 03:09 PM

Quote:

Originally Posted by psaxena (Post 1983059)
was it EB2 or EB3

Mine was under EB3.


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