3 years degree EB3, 140 at NSC - please advice

I-140 denied at NSC due to single degree issue.

Hi,

I'm new this forum. My I-140 denied at Nebraska due to single degree issue. I have 3 year BS from India + 1 year PG diploma in Computer Applications + 15 years of experience in IT industry. Unfortunately my Lawyer mentioned 4 year BS degree in item 14 and blank in item 15 in my ETA-750 part A. Nebraska did not accept my credential evaluation based on my 3 year BS degree plus one year PG diploma which is equivalent to 4 year US bachelors degree.

My lawyer did not go further and he applied a fresh Labor which is pending in Backlog Reduction Center in Dallas.

Recently I came to know about evaluator Sheila Danzig, Career Consulting International. They evaluates the 3-Year degree as equivalent to the US Bachelor’s degree, using a course by course, expanded report as well as an expert opinion letter, backing up the evaluation.

Can I re-apply I-140 with a fresh evaluation from Sheila Danzig ? Is there any chance to getting approval as I have previous history of denial ?

Thanks.
 
Last edited by a moderator:
I140 approved

Hello All,

Just got the magic email from BCIS that my I140 has been approved. I've a 3 year BSc degree from India. Luckily my lawyer had mentioned that "BS or equivalent" - with further explanation that "Equivalency can be derived as a combination of education + experience". It took ~ 2 months for I140 to be approved from NSC.

I've been an avid reader of this forum and others, and I think the point that made the difference was the magic words in ETA 750 - equivalent = edu + exp. Good luck to you all.

Thanks.
Ashok.
 
dmashok said:
Hello All,

Just got the magic email from BCIS that my I140 has been approved. I've a 3 year BSc degree from India. Luckily my lawyer had mentioned that "BS or equivalent" - with further explanation that "Equivalency can be derived as a combination of education + experience". It took ~ 2 months for I140 to be approved from NSC.

I've been an avid reader of this forum and others, and I think the point that made the difference was the magic words in ETA 750 - equivalent = edu + exp. Good luck to you all.

Thanks.
Ashok.
Click to expand...

Congrats Ashok,

My lawyer mentioned the same thing, and I too have a 3 year degree from India, however I did get an education evaluation RFE from VSC.

Am really confused as to why that happened, since the form clearly said 4 year degree or equivalent, that being Associates + 2 years work exp. which I fulfilled. :confused:
 
Hello Gurus

I got RFE in I140. I have 3 years bachelors and one year diploma. MY LC has following details:
Under 14th column
College degree required (specify) section: - Bachelors * (asterisk
mark is mentioned)

Under 15th column- Other special requirements: (started with this
mark) * Bachelor's may be substituted with three years of academic
studies towards Bachelor's degree plus three additional years of work
experience.

MY QUERY AS FOLLOWS:
2. The Service acknowledges the beneficiary’s educational credentials and the submitted educational evaluation. However, the submitted evidence is insufficient to demonstrate the beneficiary’s flulfillment of the educational requirements found within blocks 14 and 15 of the ETA-750, Part A. Specifically, Part 14 indicates the prospective employee must possess a US. Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or conunerce.
The verbiage Bachelor’s degree or equivalent” is interpreted by the Service to mean an U.S. Bachelor’s degree or a single-source, foreign degree that is equivalent to a U.S. baccalaureate degree. Unlike H-i B criterion, the aforementioned verbiage does NOT include a combination of education, training and experience that has been found to be equivalent to a US - baccalaureate degree
Please submit evidence that the beneficiary possesses, at a minimum, a United States Bachelor’s degree in computer science, math, business administration, engineering, mathematics, or commerce, OR, a single-source, foreign degree that is equivalent to a United States baccalaureate degree.

will you guys advice me what to do? I appreciate your help.
 
Whats wrong with NSC?

GC Pain,

Though I'm not an expert, my ETA 750 had almost similar words and got OK'd by NSC.

1. What was your educational evaluation like? - For example - I used the same one that I'd used for H1B which said that "I had the equivalent of a US BS degree due to 3 years of degree from India and 2 years of experience".

2. Your ETA 750 does not say that a US BS degree or atleast 3 years of US Bachelor related studies is required (based on your posting). I think you should be able to get an evaluation that your 3 yr BS degree from India is equivalent to 3 yrs of US BS degree work and along with solid docs proving 3 years of experience, should be able to convince NSC that you match the job requirements (as your ETA says).

3. Also make sure that your edu evaulation (the first that was sent) and the new one (if you decide to get) do not vary by too much. I personally do not think evaluating your degree to a 4 year US BS degree (as some evaluators in many forums claim to have success) will help.

In my case I thought the ETA 750 col 14 and 15 made the difference, but looking at your post, even specific details in col 14 & 15 do not seem to convince NSC. Good luck to you buddy...

- Ashok
 
Hello dmashok

Thanks for your information.
Itis clearly mentioned under 15th column as it can be sustituted. Following is 15 column wordings in my LC application.

Under 15th column- Other special requirements: (started with this
mark) * Bachelor's may be substituted with three years of academic
studies towards Bachelor's degree plus three additional years of work
experience.

Please advice me following doubts.

1.I used evaluation credentials for 3years Bachelors and one year PD diploma. But in Column it is clearly mentioned. If attorney explains will officer accepts this?
2. In this form some body posted that "www.thedegreepeople.com" guys evaluate 3 years indian degree equal to 4 years US bachelors. If i do this will it help or make some more complications as I already submited previous evaluation.
3. I got this "bachelors" query along with other like tax returs of 2004. In this case shall I think that they added this bachelor query as extra though we mentioned good enovugh under 15th column of my LC. I have good tax returs and paystubs. Only worried about my 3 years bachelors.
4. If any of you gone through like this situation please advice me.

Thaks in advance for your advices.
 
GC Pain,

I've personally not gone through such situation, hopefully others who have experienced such will reply back.

1. I'm not sure if evaluating your 3yr degree to 4yr degree helps. Note that in other forums, people with such evaluations (in some instances from thedegreepeople.com) has not helped. You might get into more trouble due to drastic diff. between your original and new eval. This is only my personal view reading through this and other forums.
2. It looks like NSC guys have some doubts about your tax returns and they might have included the edu. RFE along with it. So hopefully when you send your tax returns (& possbily all your paystubs from month-1) will help.
3. Also maybe your lawyer could write in detail to NSC along with #2 above, explaining that the ETA 750 requirement is met by you COMPLETELY. This should help too.

Other than that, why don't you talk to Mr. Khanna in detail. Maybe he will advise you better. These forums will only give you pointers but not definite answers or guidance.

- Ashok
 
GC_Pain....did you figure out a way to reply the USCIS yet ?? Whats your plan ? Please share your experience with the forum if you have an update....
Thanks & Goodluck
 
cornholio said:
Congrats Ashok,

My lawyer mentioned the same thing, and I too have a 3 year degree from India, however I did get an education evaluation RFE from VSC.

Am really confused as to why that happened, since the form clearly said 4 year degree or equivalent, that being Associates + 2 years work exp. which I fulfilled. :confused:
Click to expand...

Associates = 2 years university study.
You need 3 years of work experience to be = to 1 year of study. So an associates + 6 years = 4 years or a bachelor's degree (assuming he filed that the combination is accepted).

-Sheila Danzig
 
Any new approvals from NSC with 3 yr degree

Any new approvals from NSC with 3 yr degree and experience matching US bachelor degree.

Ashasree
 
I -140 approved with 3 yr BSc degree

Got an email from employer 2 days back that my I140 has been approved. I've a 3 year BSc degree from India, diploma in comp and 6 exp in IT.
I140 filed on jan 2006
I 140 approved on feb 2006
Wish you all the best.

:)
 
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Hi Esh06,

Could you please let us know the details of your Labor Petition.
specially item 14 and 15 in ETA-750 A ?

Thanks.
 
3year degree - NSC i140 denied

My I140 denied due to 3year degree.

Labor #14
Degree required: Bachelors
Fields of study: Computer application, electrical *
Labor #15: *maths, electronics...etc or Foreign eq

my lawyer submitted a evluation based upon experience and 3year degree. NSC denied stating that single source degree is required and work exp cannot be combined.

I'm planning to get evalution done from Sheila D and appeal.

Any other options?..........................will I ever get this!!!!!!!!!!....h1b 6th yr completing on 2007 Jul.

thank you
on fire...........for?
 
I spoke to my lawyer and he suggested to do 'Motion to Reopen". He doesn't buy the re-applying.

What is the difference between Motion to reopen and Appeal ?

Thanks
 
esh06 said:
Got an email from employer 2 days back that my I140 has been approved. I've a 3 year BSc degree from India, diploma in comp and 6 exp in IT.
I140 filed on jan 2006
I 140 approved on feb 2006
Wish you all the best.

:)
Click to expand...

is this from VSC? NSC? or Clifornia center?
 
gs77 said:
Hi Esh06,

Could you please let us know the details of your Labor Petition.
specially item 14 and 15 in ETA-750 A ?

Thanks.
Click to expand...
Hi,
Sure,checking with the lawyer
 
Filing I-140 with 3 year degree in EB2

My pre-PERM LC was approved recently. I am getting ready to file my EB2 I-140 at NSC and need to clarify some information:

LC Form 750 has the following details:

Box 14: Masters*
Box 15: In the alternative the employer would accept a Bachelors degree in Computer Science, English Maths or similar plus 5 years of progressive experience as a QA Developer, Software Engineer or similar.

I have 3 years degree in Life Sciences and 2 years diploma from Aptech which was evaluated as equivalent to US Bachelors in Computer Science.

Based on NSC's record of rejecting combination of degrees and diplomas for I-140, I am planning to get my 3 year life sciences evaluated as US 4 years Bachelors of Science degree and use the evaluation for EB2 I-140 filing

My LC Box 15 states Bachelors degree in Computer Science, English, Maths or similar. Does this mean any US Bachelors equivalent degree should be sufficient.

I request all the guru's in this forum to please post your comments. Thanks in advance.
 
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