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Hello,
EB3 India PD: June 14, 2004
EB3 I-140: Approved in 2007/2008
EB3 RFE: received June 2015: medical, bio, EVL
EB2 PERM: filed Dec 2013, audited, rejected July 2015 saying multiple candidates' resume qualifiable, filing for motion to reconsider in a couple of days
H1-B extensions filed regularly, status until Dec 2016
My question is on RFE EVL. It has been 11 years - EB3 LC was filed as junior s/w engineer, still working with the same company now in a technical leadership role. The lawyers have drafted EVL response which is exactly same as EB3 LC description. Even though the job duties are similar and increased, the product I am working is different than the one in 2004. I worry because my EB2 PERM and latest H1-B petitions have my latest product name in it with similar and increased job duties. I read at many places that EB3, EB2 are not related. But since things have gone so bad with EB2, I am worried that putting old product's name in EVL and what if the USCIS refer to my other cases. It is just the product that is different while job duties are fine for me.
If I put latest product, will USCIS think the old position is not valid and this is completely new work I am doing so new LC/PERM. If we just provide what lawyer drafted based on 2004 LC, and if my other filed cases are referred, I fear they will reject right away.
Big company with law firm representing. They have said they present the response in line with EB3 LC and I-140 for EVL. Should I go with what they say or take second opinion from a private lawyer (any suggestion) before sending the responses. Asked my manager to hold off on signing. Whether inaction is best action or saying right would jeopardize the situation, don't know! Many from my location have received RFEs and their responses are also similar but not as screwed situation as mine.
Any quick responses appreciated.
Thanks,
Ravi
EB3 India PD: June 14, 2004
EB3 I-140: Approved in 2007/2008
EB3 RFE: received June 2015: medical, bio, EVL
EB2 PERM: filed Dec 2013, audited, rejected July 2015 saying multiple candidates' resume qualifiable, filing for motion to reconsider in a couple of days
H1-B extensions filed regularly, status until Dec 2016
My question is on RFE EVL. It has been 11 years - EB3 LC was filed as junior s/w engineer, still working with the same company now in a technical leadership role. The lawyers have drafted EVL response which is exactly same as EB3 LC description. Even though the job duties are similar and increased, the product I am working is different than the one in 2004. I worry because my EB2 PERM and latest H1-B petitions have my latest product name in it with similar and increased job duties. I read at many places that EB3, EB2 are not related. But since things have gone so bad with EB2, I am worried that putting old product's name in EVL and what if the USCIS refer to my other cases. It is just the product that is different while job duties are fine for me.
If I put latest product, will USCIS think the old position is not valid and this is completely new work I am doing so new LC/PERM. If we just provide what lawyer drafted based on 2004 LC, and if my other filed cases are referred, I fear they will reject right away.
Big company with law firm representing. They have said they present the response in line with EB3 LC and I-140 for EVL. Should I go with what they say or take second opinion from a private lawyer (any suggestion) before sending the responses. Asked my manager to hold off on signing. Whether inaction is best action or saying right would jeopardize the situation, don't know! Many from my location have received RFEs and their responses are also similar but not as screwed situation as mine.
Any quick responses appreciated.
Thanks,
Ravi
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