Immigration Issues/RFE on 485


Dear Sir,

My 485 was applied in January 2012 and I changed job in November 2012.  I now got an RFE for a job offer letter.  The RFE states it should include description, salary and Educational Requirements for the position.

I have a 3 Year Bachelor + 3 Year Masters from India.  My PERM listed the Educational Requirement as Masters + 2 years experience.

The current employer is not willing to write Masters + 2 years.  They say , per their Attorney's advice Bachelors + 7 years experience is fine.

I am concerned since I do not have a 4 year Bachelors.

Do you advice proceeding with the current letter (stating Bsachelor's + 7 years) OR finding a job which requires Masters + 2 years experience and use that letter ?
Thank you much for your service

Well I don't understand what is the hassle in issuing a letter for Masters with 2 year experience when Bachelors + 7 years experience is [taken as] equivalent.  

I would suggest you convince your employer [and - if you have an attorney - ask your attorney to speak with your employers attorney] in this regard.  

Basically the educational requirement must be same as listed in PERM application.  You may go with the letter [but expect an RFE or may be not - matter of chance].  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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