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3 years degree EB3, 140 at NSC - please advice

Discussion in 'Nebraska Service Center I-140' started by ashasree, Nov 16, 2005.

  1. ashasree

    ashasree Registered Users (C)

    Hi,

    my labor approved with the following options :

    col : 14
    college : 4
    college degree required : bachelor or equivalent
    major field of study: computer science*
    exp : 1 year software engineer or programmer

    col : 15
    *or equivalent in education and experience


    I have 3 years bachelors degree and 1 year computer diploma + 6.5 years experience. I am about to file 140 at NSC, what are my chances of getting approved with this. please shed some light on it.

    thanks
  2. itsGood

    itsGood Registered Users (C)

    Heading for rough waters with 3 yrs degree at NSC

    Congratulations on your labor approval.

    NSC is known for its merciless behaviour for applicats with 3 yrs degree. Go through postings in this forum, you will find many grievances.

    Check with your attorney if you can file I-140 through other service center.


  3. ashasree

    ashasree Registered Users (C)

    is it possible to file in different center

    Hi

    I am supposed to file in NSC based on my employer location. Is it possible to file in different service center.

    right now i am working in TSC region, does this make possible to file in TSC instead of NSC.

    thanks
  4. expeditegc

    expeditegc Registered Users (C)

    Other Centers have also followed NSC path. Good luck with other Centers.
  5. ashasree

    ashasree Registered Users (C)

    can i use combination of education and experience to fulfill this

    since my labor says that the equivalent education and experience can fullfil the requirement. why can't i use experience and education to do that. is this still not what NSC is looking for?

    thanks
  6. ashasree

    ashasree Registered Users (C)

    Need advise from JoeF, UN and experts

    what are my chances with this case, please advice

    thanks
  7. tsnaresh

    tsnaresh Registered Users (C)

    don't loose your hope

    ashasree,

    Recently there was a court ruling in favor of combination of degrees. You may want to bring this article http://www.cyrusmehta.com/news_cyrus.asp (look at article - case Grace Korean United Methodist Church and Park v. DHS)
    to your attorney's attention. Even though the court rooling has no binding on any other cases but I see your labor cert is similar to the above case and this new ruling might help your arguement. I strongly believe you have very good chance of getting the approval.
    Good luck.
  8. ashasree

    ashasree Registered Users (C)

    thanks tsnaresh

    tsnaresh,

    thanks for your reply and the article. my lawyer may file this week or next week.

    thanks again
  9. ashasree

    ashasree Registered Users (C)

    priority date transfer, H1 extension / different company

    Hi,

    I am at the end of 5th year on my H1 and if I file backup GC labor and I-140 can I transfer old I-140 priority date to new 140(different company).

    I am searching for all options here.

    can I do 7th year extension from different company?

    My current H1 is upto sept 06 and as per 6 year limit on H1, my term completes on Feb 07.

    Can I do recap the out of country time and 7th year extension at the same time?

    how early I can apply for 7th extension?


    thnaks
  10. ashasree

    ashasree Registered Users (C)

    Attorney's advice from murthy.com site

    Attorney_13
    Attorney

    Attorney_13

    Where a labor certification indicates that an individual can have "equivalent" education such as requiring "a Bachelor's degree or equivalent", it may be possible to file as a skilled worker rather than as a professional. The skilled worker category is also EB3, and does not in the regulations have a singular degree requirement as the professional category does. For a skilled worker, the employer must show that the beneficiary has the education, training and experience in the labor certification. The regulation does not state that a combined degree cannot be used to show that the combination of education, training and experience listed in the labor certification has been met. There was a recent decision in the District Court of Oregon that found the skilled worker approach viable. We will be writing about the decision in next week's Murthy Bulletin available on our website.
  11. ashasree

    ashasree Registered Users (C)

    AAO ruling attached here to clarify my case

    Hi,

    Here I attached an appeal made to AAO and they denied based on not mentioning "education and experience" can be accepted in labor.

    After seeing this appeal, it explains to me that the AAO office will accept education + experience as a bachelor degree.

    any comments please
  12. can_card

    can_card New Member

    You will be o.k,

    This is just because of
    col : 15
    *or equivalent in education and experience

    See..
  13. ashasree

    ashasree Registered Users (C)

    thanks can_card

    thanks can_card

    and your attachment clearly mentions that if I apply as a "skilled worker", I can claim education + experience as equivalent to US Bachelor degree.

    thanks again
  14. Sheila Danzig

    Sheila Danzig Registered Users (C)

    Evaluation of 3 Year Degree

    I am Sheila Danzig the director of Career Consulting International, www.TheDegreePeople.com (rerferenced in a previous post by UN).
    We have done extensive research and we have had success (even in Nebraska) having a 3 Year Degree accepted as equivalent to a US 4 Year Bachelor's degree with our expanded report and an outside expert opinion letter.
    I will be happy to talk to anyone who needs advice - no charge - about their degree. 1.800.771.4723
    Best Regards,
    Sheila Danzig
    sheila-at-danzig-dot-com
  15. lostguy

    lostguy Registered Users (C)

    Well the evaluation may/may not work. As I had the same evaluation done thru thedegreepeople.com and was it rejected by the infamous NSC. So its your luck.

    Good luck folks
  16. dmashok

    dmashok Registered Users (C)

    Ashasree,

    I'm in the same boat as you. I got the labor approved from DBEC and applied for I140 in 2nd week of Oct. My labor ETA 750 also says "BS degree or equivalent *. * - Equivalent may be derived as a combination of education and experience." So hopefully our cases will fly without issues or RFEs.

    Please keep updating your status and I'll do the same. Also thanks to can_card for posting the tips.

    - Ashok
  17. july140

    july140 Registered Users (C)

    lostguy,
    Same goes here. I have done with Sheila and got denied. I have filed MTR on the Sep12th and still its pending.
    Last edited by a moderator: Nov 22, 2005
  18. july140

    july140 Registered Users (C)

    Unitednations,

    Hope my case gets approved by your word. If it is approved then I will buy you a roundtrip ticket within US. I mean it man :) . I am so depressed and so many things happened after my 140 denial. Thanks for you encouragement.
  19. ashasree

    ashasree Registered Users (C)

    murthy.com bulletin

    the following topic is from this weeks murthy.com bulletin, which i think gives some hope to i-140 filers with 3 years degree.

    4. Oregon Court on Combination of Education and/or Experience in I-140 Petition

    The United States District Court for the District of Oregon issued a noteworthy opinion and order in an I-140 petition case in early November 2005. The matter at issue is what is typically referred to as a "combined or combination degree" case. The Court ruled that the particular I-140 petition must be approved by the U.S. Citizenship and Immigration Services (USCIS) based on the person's possession of a combination of educational credentials that equate to a U.S. degree. The decision in this case is currently not absolute authority for any purpose beyond this particular case. However, it is a beneficial interpretation of the law regarding "combination degrees or combination education" in the I-140 immigrant petition process in an employment-based green card process. It benefits employers and foreign nationals since the USCIS has traditionally taken a narrow view of a combination of educational courses or degrees.

    Case Background

    In this case, the I-140 petition had been denied by the Nebraska Service Center (NSC) because the beneficiary did not have a singular degree that met the requirements for the position offered in the labor certification. The petitioner had appealed the case to the Administrative Appeals Office (AAO) three times, arguing that the case could be approved under the employment-based, third preference (EB3) category for a skilled worker position. The AAO denied the appeal each time. Finally, because the petitioner had exhausted all administrative remedies, relief was sought in the federal court system in the United States District Court for the District of Oregon.

    Ruling of the Oregon Court

    The Oregon Court agreed with the petitioner that the I-140 petition could and should be reviewed for qualification in the EB3 skilled worker category, and not just the EB3 bachelor's degree (professional) category. The logic for this is that the I-140 petition form does not ask petitioners to specify which of the two types of EB3 category is being requested.

    The Oregon Court also agreed with the petitioner with respect to its reading of the labor certification's required education of "B.A. or equivalent." The petitioner argued that the term "B.A. or equivalent" means "B.A. or the equivalent of a B.A." and that the equivalent of a B.A. could be achieved through a combination of education and experience. The Oregon Court found that this was a valid interpretation of the "or equivalent" language, since the petitioner had created the requirements and the U.S. Department of Labor (DOL) had not made any findings that the requirements were harmful to U.S. workers at the labor certification stage.

    The Oregon Court found that the USCIS's interpretation that the "B.A. or equivalent" language meant "B.A. or equivalent foreign degree" was arbitrary, capricious, and an abuse of discretion. The Court reasoned that Congress did not put anything into the law that requires the beneficiary to have an actual degree for the EB3 skilled worker category. They further determined that the USCIS cannot impute its own interpretation of the employer's term "B.A. or the equivalent" since it is the petitioner's job to state the requirements for the job and the DOL's job to determine if there are any issues with these stated requirements. The Oregon Court determined that only the DOL, not the USCIS, could dispute the meaning of the terms that the petitioner established in the labor certification application. For all of these reasons, the Oregon Court ordered the USCIS to approve the I-140 petition.

    Conclusion

    As stated, the finding is currently only binding in this particular case because it is an unpublished opinion. If the case is published at a future date, then it will only be binding on cases filed within the jurisdiction of the United States District Court for the District of Oregon. There is no guarantee that other courts will make the same finding or use the exact interpretation, though it certainly helps that an impartial judge in a court in Oregon has found that the language of "equivalent" on the Labor Certification and the I-140 petition should result in the USCIS allowing for either education or experience to equate to the degree, and for the USCIS to approve the I-140 petition. Ultimately, filing and then pursuing a case to a favorable decision in a federal district court takes a great deal of patience. The labor certification in this case was filed in 1996, the I-140 petition was filed in 1998, and the resolution has only finally occurred in November 2005. So an investment of finances and time is required in order to obtain favorable determinations such as this.
  20. KatikSR

    KatikSR Registered Users (C)

    Alternative requirements for qualification

    I have a 3-year degree with 8 years of experience and filing my labour in EB3 now in PERM.

    I have read this thread and is a bit concerned as what to state in the job requirements for PERM filing. Below are the choices I can think of after reading about this.

    i) Bachelors - NOT VALID without adding the equivalent

    ii) "Bachelors or foreign equivalent" and describe the foreign equivalent by the combination of 3-year degree and work experience.

    iii) Bachelors with 2 years experience. In lieu of Bachelors with 2 years experience, employer will accept 4 years experience OR any other combination of experience, education, and training.

    What do you guys think is the best option out of ii and iii? If there is any other way we can define the job requirements for qualification, please let me know.

    I have discussed this with my attorney and he said that he is going to state the job requirement as stated in #3 above and qualify me with 4 years of experience for which I qualify and should not have any problems in 140 or 485.

    Please let me know your thoughts, I appreciate all your help.
    Last edited by a moderator: Dec 2, 2005

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