RFE on 485


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I have changed my job  based on AC21 .

 

Now I have an RFE on 485 to submit a new job offer letter.   The letter I have from my employer matches  job duties, exceeds PERM salary  but has a problem with Educational Requirement. 

 

The Education in my PERM says Masters + 2 years  whereas the current job offer says Bachelors + 7 years. 

 

 I have a 3 year Bachelors + 3 year Masters.  My PERM did not mention any alternate education (like Bachelors + 5 years experience etc.)

 

Is it likely to be a problem ?  I am thinking of trying to find another job within the RFE timeframe if this is a problem.

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I have a pending I-485 Application(EB2 ,Priority Date -May 2009)

I have invoked AC21 by mailing USCIS (after 200 days it was pending) and changed my employer on 11/1/2012

I again invoked AC21 on 1/15/2013 and changed to another employer

Questions

Now I have another job offer....Should i invoke AC21 again....How many times can i use it?
My Labor Application was a IT Developer but now the new offer is as a IT Developer Manager....Will it be a risk?

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Let me be clear - education requirement plays no role in AC21. Most job offers or EVLs do not include educational requriements. It's like if your uncle was a terrorist, and nowhere in the papers you had to state that, but still you just could not wait but include this information.

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Let me be clear - education requirement plays no role in AC21. Most job offers or EVLs do not include educational requriements. It's like if your uncle was a terrorist, and nowhere in the papers you had to state that, but still you just could not wait but include this information.

Thanks Belle  but the new RFEs being sent from TSC  are specifically asking to include Educational Requirements in the EVL.  Since it is in reply to RFE I guess we need to include everything that they are asking.

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Thanks Belle  but the new RFEs being sent from TSC  are specifically asking to include Educational Requirements in the EVL.  Since it is in reply to RFE I guess we need to include everything that they are asking.

 

Where in his question does he state that the RFE asks him to include Edicational Requirement? This seems to be one of those "it's been 180 days since I-140 approval, so you can change the job now" rumors. 

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Thanks Belle  but the new RFEs being sent from TSC  are specifically asking to include Educational Requirements in the EVL.  Since it is in reply to RFE I guess we need to include everything that they are asking.

 

I did not realize that was the original poster - the statement sounds general. I would ask the lawyer. Even if the USCIS is asking for it, it may not mean that 1) they would deny your application if you don't include the education requirements 2) if there is a certain high standard that you must pass on the education requrierement. For example, the USCIS may only want to see that the job requires at least Bachelor's degree or at least some experience.

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I did not realize that was the original poster - the statement sounds general. I would ask the lawyer. Even if the USCIS is asking for it, it may not mean that 1) they would deny your application if you don't include the education requirements 2) if there is a certain high standard that you must pass on the education requrierement. For example, the USCIS may only want to see that the job requires at least Bachelor's degree or at least some experience.

I think you are right.  In fact,  the current Employer's attorney  says it is not required to include Education Requirements in the letter (even after he saw the RFE).  However,  my old employer's attorney (who filed 485)  says it need to be included.

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What does the RFE says about it? Quote exactly.

Second, you must submit a currently dated letter from your petitioning (Form 1-140) employer, verifying

that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to

work for the original 1-140 employer, you may be eligible to adjust pursuant to visa portability under

section 204(j) of the Immigration and Nationality Act if:

- Your Form 1-485 application has been pending for 180 days or more, AND

- Your new intended permanent employment is in the same or similar occupational classification

as the original Form 1-140 job.

Note that the current job offer letter from your original or new employer must state the title and duties

of the offered position, the minimum educational or training requirements, the date you began (or will

begin) employment and the offered salary or wage.

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Second, you must submit a currently dated letter from your petitioning (Form 1-140) employer, verifying

that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to

work for the original 1-140 employer, you may be eligible to adjust pursuant to visa portability under

section 204(j) of the Immigration and Nationality Act if:

- Your Form 1-485 application has been pending for 180 days or more, AND

- Your new intended permanent employment is in the same or similar occupational classification

as the original Form 1-140 job.

Note that the current job offer letter from your original or new employer must state the title and duties

of the offered position, the minimum educational or training requirements, the date you began (or will

begin) employment and the offered salary or wage.

 

That sounds weird. The USCIS may just be aksing more that it needs. Generally, the offer or the EVL does not include this info (and why would it?), so I would say, it's fine to send a letter without it. Not that I would expect any issues in either case for you. Sometimes "the employer does not provide that information" is a good excuse.

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Just to give you an example - many comanies refuse to confirm what a former employee responsibilities were for liability reasons (you say the employee was running SQL queries, but it turns out he gave them to someone else, at his new job a plane goes down because he screwed up SQL - you get sued; that kind of stuff). So, I did not have anything in my experience letter that went with I-140, just the dates and the position. My I-140 was approved in less than two weeks, and it was not even premium. I put together the filing myself with some help from HR, no lawyer involved. So, the USCIS generally takes well to things that make sense.

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