3 years degree EB3, 140 at NSC - please advice

"combination acceptable" included in labor

un:

Did labor allow for combination?

YES


riz_arsh:

mine is EB3, and labor clearly mentioned that combination is acceptable.

Used 3years BSc + 3years exp = US Bachelor Degree.


hope this helps
 
3yrs bsc+ MSC(2yrs) + PGDCA

My labor cert say - Bachelor it does not talk about combination equivalent accepted.

It has a 2 year job experience requirement.

any advice should i ask for new labor or try to get an equivalency letter.

thanks in advance
 
I have a 3+3 years combination degree. "Bsc (C.Sc) + MCA" equated to Masters.
Concurrently filed I140 &485. Approval date: June 2005 ( after a A2P RFE). PD 2003.
I am planning to add my wife to my 485 (when my PD becomes current).
I would appreciate opinion(s) from all the gurus here. Please comment/ share your experiences.
Can my approved I140 be revoked when I add my wife to my 485 as I don't have a single source Bachelors degree?

Column 14, 15 of my labor.

14: B.S or an equivalent. Major feild of study: Computer Science, maths Engineering etc. Experience : 5 years
15: Experience in ( all the tech jargon with no mention of a combination degree (attorney's blunder)

Current status (AOS pending 485) -- EAD.
h1-B 6th year expired in 2004. I couldn't file for 7th year, coz of the 365 day rule.

UN, Anilt75 can you please share your knowledge?
 
combination

unitednations said:
Combination can be used: As long as labor specifically allows for combination.

If labor doesn't allow for combination and person is using combination then there is big problems.

The lawyer told me that the ad must say combining too, not just the LC, or in an audit or when it goes to the 485 they can overturn the approval based on combining. He said it does not happen much but he has seen it. Has anyone here seen that?
 
From Immigration-Law.com website

This may help people from eastern and southern part of the country since their I-140 may not go to NSC once the below changes are implemented.

*********************************************************
09/25/2006: Reshaping of Bi-Specialization on the Horizon

Vermont Service Center authorities revealed that USCIS was developing a tentative plan to reshape the bi-specialization. The new concept will combine territorial division and bi-specialization in each territory. The country will be divided into the two territories. One territory will consist of the jurisdiction combining former California Service Center and Nebraska Service Center (for our purpose, we will call it North-West jurisdiction), and the other territory will consist of the jurisdiction combing former Vermont Service Center and Texas Service Center (for our purpose, we will call it South-East jurisdiction). In each of these two territories, one service center will specialize in I-129 and related nonimmigrant proceedings and the other service center will specialize in 140/485 immigrant proceedings. In North-West jurisdiction, California Service Center will handle all the I-129 and related petitions/applications in the jurisdiction and all the I-140 and I-485 proceedings will be handled by Nebraska Service Center. In the South-East jurisdiction, Vermont Service Center will handle all the I-129 and related petitions/applications in the jurisdiction and all the I-140 and I-485 proceedings will be handled by Texas Service Center.
 
kal1234 said:
I have a 3+3 years combination degree. "Bsc (C.Sc) + MCA" equated to Masters.
Concurrently filed I140 &485. Approval date: June 2005 ( after a A2P RFE). PD 2003.
I am planning to add my wife to my 485 (when my PD becomes current).
I would appreciate opinion(s) from all the gurus here. Please comment/ share your experiences.
Can my approved I140 be revoked when I add my wife to my 485 as I don't have a single source Bachelors degree?

Column 14, 15 of my labor.

14: B.S or an equivalent. Major feild of study: Computer Science, maths Engineering etc. Experience : 5 years
15: Experience in ( all the tech jargon with no mention of a combination degree (attorney's blunder)

Current status (AOS pending 485) -- EAD.
h1-B 6th year expired in 2004. I couldn't file for 7th year, coz of the 365 day rule.

UN, Anilt75 can you please share your knowledge?

--They are not able to revoke approved I-140s for every case. You have to be extremely unlucky for them to notice this at 485 level. Due to Bi-Specialization, they are overloaded with cases now.

Policy on combining education and experience is not clearly defined by USCIS. On top of it, they approve some and deny the other(with same credentials) based on lousy reasons. This issue is being handled very inconsistently.

Dont worry. You should be ok.If you are very tensed and couldn't sleep, then start another process as a back up just for your peace of mind.

Good luck.
 
I-140 Premium Process EB3 3 Year Degree from INDIA

I just received email from USCIS about RFE. We don't know what they have asked . Online update is as below

Current Status:

On September 26, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.
 
I got a one year PGDCA - exact RFE wording

here is the exact wording for my RFE. seems like they are not pointing to the combining issue at all. they are questioning the credential. anybody else have a simillar experience please share the exact RFE statement.


"Your evidence does not establish that the XXXXXXXXXX Centre in XXXXX is an institution accredited to award bachelor's-level degrees"

i will try to get some valid letter from my institution as it is very much recognized.
 
I-140 (3 year degree)

Hi Guys,

I just came to know that my PERM case that was in audit for last 7 months and had been filed 11 months back has been approved.

Audit was to verify the experience in job ads.

We will be preparing to file for I-140 now.

I have a couple of questions and will really appreciate if someone could help.
1. I have an education equivalency case ( 3 years Diploma + 1 PG Computers), can we file I-140 in EB2 Premium?
2. If it gets denied in EB2, can we file another one in EB3?
3. Is there any chance that I-140 can be audited again and if Yes, How much time it might take?

Thanks
 
Hi Talktome

Don't take a chance. We have seen many cases in this forum. First of all NSC is not approving many three years degree cases. In that case why do want to take that chance.
 
what is the req in Labor?

talktome said:
Hi Guys,

I just came to know that my PERM case that was in audit for last 7 months and had been filed 11 months back has been approved.

Audit was to verify the experience in job ads.

We will be preparing to file for I-140 now.

I have a couple of questions and will really appreciate if someone could help.
1. I have an education equivalency case ( 3 years Diploma + 1 PG Computers), can we file I-140 in EB2 Premium?
2. If it gets denied in EB2, can we file another one in EB3?
3. Is there any chance that I-140 can be audited again and if Yes, How much time it might take?

Thanks
 
Guys please post your Exact RFE's

I will start with posting the exact RFE's to see what USCIS is exactly looking for. Commenting out the institution name for Privacy purpose.
I have BSc(3 yr) + Msc(2yr) + PGDCA (1 yr)

Here is mine

"Your evidence does not establish that the XXXXXXX Computer Centre in XXXXXX is an institution accredited to award bachelor's-level degrees. If you submit evidence which establishes that the XXXXX Computer Centre of XXXXX is an institution accredited to award bachelor's level degrees, please submit a copy of the beneficiary's transcripts from that institution."

It looks very strange why they are doubting the Final degree and not commenting about my BSc or single degree issue.
 
bitu72 said:
I will start with posting the exact RFE's to see what USCIS is exactly looking for. Commenting out the institution name for Privacy purpose.
I have BSc(3 yr) + Msc(2yr) + PGDCA (1 yr)

Here is mine

"Your evidence does not establish that the XXXXXXX Computer Centre in XXXXXX is an institution accredited to award bachelor's-level degrees. If you submit evidence which establishes that the XXXXX Computer Centre of XXXXX is an institution accredited to award bachelor's level degrees, please submit a copy of the beneficiary's transcripts from that institution."

It looks very strange why they are doubting the Final degree and not commenting about my BSc or single degree issue.


--Your attorney should know better. He/she is the one who did your labor.How was your labor done? Did you use Bsc+Msc+PGDCA = US degree?
May be the reason why your diploma is up for a close scrutiny.

If you did not use diploma in the "equivalency" equation ,may be, you can just submit M.Sc and B.sc transcripts from the university. Make a note in the response letter to RFE that the institute that awarded the diploma is for training purpose only and has no bearing on your "degree equivalency".

If the institution granting your diploma is indeed a university, then no problem proving that at all. Your lawyer should know how to do it.

All in all, it NSC officer appears to have forgotten "single degree source" issue in your case.

--Good luck.
 
How can lawyer prove Institue is giving bachelors

HI There,

first of all thanks for replying. How can the lawyer prove that My PGDCA institute is giving bachelor's degree.

My Institute is very recognized institute. Now it offers DOEACC(A/B/C) level courses which are euivalent to bachelors and Masters. Institute is itself a part of govt of india.

Will a letter from my institue be good enough saying it gives courses which are EQUIVALENT to bachelors degree.

dont they need any other document.


thanks again
 
tb2904 said:
This may help people from eastern and southern part of the country since their I-140 may not go to NSC once the below changes are implemented.

*********************************************************
09/25/2006: Reshaping of Bi-Specialization on the Horizon

Vermont Service Center authorities revealed that USCIS was developing a tentative plan to reshape the bi-specialization. The new concept will combine territorial division and bi-specialization in each territory. The country will be divided into the two territories. One territory will consist of the jurisdiction combining former California Service Center and Nebraska Service Center (for our purpose, we will call it North-West jurisdiction), and the other territory will consist of the jurisdiction combing former Vermont Service Center and Texas Service Center (for our purpose, we will call it South-East jurisdiction). In each of these two territories, one service center will specialize in I-129 and related nonimmigrant proceedings and the other service center will specialize in 140/485 immigrant proceedings. In North-West jurisdiction, California Service Center will handle all the I-129 and related petitions/applications in the jurisdiction and all the I-140 and I-485 proceedings will be handled by Nebraska Service Center. In the South-East jurisdiction, Vermont Service Center will handle all the I-129 and related petitions/applications in the jurisdiction and all the I-140 and I-485 proceedings will be handled by Texas Service Center.

i think this will help lot of people from east coast, As Nebraska has been denying applications recently based on 3 year degrees and stuff. where as texas has had fair viewof education evaluations and ability to pay.

i hope they go ahead with this plan
 
Last edited by a moderator:
bitu72 said:
HI There,

first of all thanks for replying. How can the lawyer prove that My PGDCA institute is giving bachelor's degree.

My Institute is very recognized institute. Now it offers DOEACC(A/B/C) level courses which are euivalent to bachelors and Masters. Institute is itself a part of govt of india.

Will a letter from my institue be good enough saying it gives courses which are EQUIVALENT to bachelors degree. dont they need any other document.


thanks again

--At this point you have to get anything you can. Letter from the institute, your transcripts and a photocopy of a document that shows govt recognition for that institute. But talk to your lawyer first. You have masters degree from a university. Bring NSC's focus to that. Let diploma go out the window if it is not a criteria in the job requirement.

Even if it is a govt recognized institute, NSC can still come back say that this is only a diploma and cannot be used to equate it to a degree. They did that with few cases.

This is one of the reasons why people with combination of B.sc + Msc are able to get approvals and B.sc + any diploma are facing denials.

Perhaps they allow multiple degrees to be combined but not a degree with diplomas.

---Good luck.
 
I have a Bsc + MSc in a different stream not in computer science

I have a Bsc + MSc in a different stream not in computer science.
My Labor says bachelor in Computer sc/engineering/information system.

I probably can get a letter which will state my institute can give degrees euivalent to bachelor level degrees.

I dont know if saying equivalent will work or not.

For PGDCA - i just have one transcript which shows 4 different semesters.
 
bitu72 said:
I have a Bsc + MSc in a different stream not in computer science.
My Labor says bachelor in Computer sc/engineering/information system.

I probably can get a letter which will state my institute can give degrees euivalent to bachelor level degrees.

I dont know if saying equivalent will work or not.

For PGDCA - i just have one transcript which shows 4 different semesters.

--Do the best you can.Get a letter from the institute.Just for the heck of it, photocopy all your degrees and diplomas and throw that pile along with your response to the RFE. Hope you get an approval.

Good luck.
 
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