Additional Evidence for I-140

[Ajarag]

The automated system says 'A notice asking for Addl Evidence' is mailed.
1.Is this what is called RFE?
2.Is the additional evidence normally for the employer or employee? (as mine is a pretty straight forward case)
3.Will this Notice for Evidence be sent to the company or company lawyer or to the employee?
4.Any precautions to take to be safe and not to lose time.
Request those who have undergone this disturbance to share their experiences.
Thanks in advance.

[immi2me]

Additional Evidence for I-140

I got the same response for my I140 in progress!
INS has mailed the request on 5th and my lawyer or employer haven't recived anything yet, so I do not really know what is being requested.
But going through the posting in the last couple of weeks, there seem to be a lot of cases like this.
Is this just a delay tactic? Mine is a straight forward case too.
Will update when I get more information. Anyone having similar experience, please keep posting.

[immi2me]

RFE regarding Educational Credentials - I140

I just received the RFE. They need Educational Credentials evaluated (EB2).
I have BE - electronics, MMS , PGDST (NCST Mumbai) + 6 yrs of experience (before joining current employer)
I know WES is one of teh agencies for Educ. Eval. Can anyone suggest agencies any other?

[Ajarag]

Re: RFE regarding Educational Credentials - I140

Your BE+6yrs must be sufficient right? I heard BE+2 as one version and BE+5 as another for being considered in EB2. Your other qualifications may be troubling you.
1.Is there any chance for you to drop them, which are redundant for immigration?
2.What does your employer-lawyer say? There are many Educn Evaluators. But if your application is being processed thru your employer, they are normally responsible for that.

I do not know what the problem with mine is yet. Please continue to post.

[raman]

Mostly RFE is for :
1 Educational Evaluation
2 Some time INs asks sumit Evidence That the JOB Discription Needs MS or BS + 5[ for that your Employer and 2-3 other support letters stating that for particular JOB Ms or BS+5 is needed should be submitted and it should be explained WHY this Educatin or EXp is needed]
3 Some time RFE is just for the Tax paper or Financial Statements of the Sponcering company.
4 some time it is for the Documents to show the PROG EXP in case of BS+5

[Ajarag]

Immi2me!
Mine too is Education Evaluation only. My qualifications are B.Tech, M.Tech and M.B.A.
My company lawyer says that the credentials are being sent to an evaluator.
What is happening with yours?
1.How long does it take for approval? Will INS start from scratch again?
2.Can there be some more RFE's also?
Other experienced friends may help us.

[raman]

As the INS is asking for Educational Evaluations, Have you not Submitted your Evaluations when you Filled I-140? Or the INS is not agreeing to the the evaluation attached with your I-140?
If it is for Revaluation of education YOu can contact TrustForte NY, They have good Exp with educational evaluations and they stand by the evaluation done by them for INS, and they reply to INS also about the Evaluation done by them.

[Doniw]

Hi,

I have been hearing the Automated message saying that a request for additional evidence has been mailed since the last 3 weeks but neither my employer nor the attorney have recieved anything so far.
I think by asking for baseless additional evidence at random, INS reduces its backlog on paper and at the same time causes enough delay in processing your GC to frustrate you. Also, I do not think they mail the RFE out on the date mentioned in the automated voice message because in this country it just takes 3-4 days for snail mail to reach you from one part of the country to another.
So with no option, I will continue to wait for the document which will tell me what is to be submitted next.

Doniw.

[Doniw]

Hi All,

My attorney has recieved the RFE yesterday. The RFE says that I do not qualify for EB2 and asks whether we want to file under EB2 or EB3. This inspite of clearly and correctly filing all documents and certificates(Bachelor's +8 years Exp.). INS does not ask for any further evidence.

My attorney says the INS has made a mistake and we will respond back appropriately.

So, I will continue to wait till the INS wakes up and responds to this!!!

Doniw.

[RChang]

First a disclaimer since I am an immigration attorney. The following is not legal advice and should not be construed as such. If you have further immigration questions, you should consult with your immigration attorney.

RFE's stand for Request For Evidence.

The INS usually sends these for the following reasons:

1) They need additional documents;
2) They have a question in regards to what was filed;
3) The INS examiner has no clue on what he/she is doing and just decides to send one out;

RFE's are usually sent out when they have a questions about the ability of your employer to pay your prevailing wage at the time the Labor Cert was filed. They may also be sent out if the INS does not think that your educational credentials match up to the Labor Cert's. Lately, the INS has been sending out outrageous RFE's asking for cost of living studies, employers bank records for the past 2 years, etc...

Rumor has it that a team of "new" I-140 examiners has rotated into the Vermont Service Center and that they are the cause of all these outrageous RFE's. Ditto for the eb-2/eb-3 disputes on what constitutes advanced degrees.

INS is supposed to send the RFE's to the attorney. Approval notices are sent to clients and attorney's. For some strange reason, client's almost always seem to get their approval notices before the attorney's do. I personally think INS does this on purpose to annoy us lawyers.

Hope this helps answer some of your questions.