I-140 RFE and Educational Evaluation

Share the Problem

Rakeshr,

How about sharing your RFE with the forum, you may get better replies from others also, say Jim etc.

The whole point of having this forum is that we share and discuss.

Thanks
 
finesir,

I have posted regarding my case so many times. I have been posting the same message from past 9-10 months.

My I-140 was denied because my LC and my education qualification did not match. I filed in EB2/RIR category.

Rakesh
 
My Petition was for an EB3 using standard recruitment. The credential evaluation that I used to support my petition was the same evaluation I used for my HIB some 5 years ago. However, it was based on me having one year of college and 9 years + of experience in the relavent field equating to a Bachelors Degree. This is perfectly acceptable for the HIB non-immigrant application but apparently you cannot substitute work experience for education in an immigrant visa situation at least not at the Bachelors level. Jim Mills' comment on being explicit in the LCA requirements would seem to be excellent advice if someone finds themselves in a similar situation. My LCA simply said 'Bachelors degree or equivalent' I am sure that had my LCA included a comment to the effect that applicants would be considered with relevant experience in lieu of a degree we might have had better luck. The fact that I do not have a degree is not the issue - the fact that the LCA required a degree and I don't have one is the issue! To argue now that 'we wrote this but we meant this' would be a waste of time. In effect that is what we said in reply to the RFE but to no avail. Of course, I knew I did not have a paper degree what I did not know was that my equivalancy would not be accepted. For me hindsight is 20/20 unless someone has any bright ideas how I can get my case reconsidered (I am passed the 30 day appeal) or how I can re-submit my I-140 without a new LCA :D
 
Thanks guys for your input. rakeshr I think your attorney screwed up and I don't what is the best remedy but murthy's website says that equivalence is valid.

Thiru_123 if you can post your experience that would be nice and also about your response to RFE.

Regards
 
finesir,

Yes you are right..My Attorney screwed up the case.....

Wish my I-140 gets approved....its already Eight Months......


Thanks
Rakesh
 
Processing Time at AAO

Can anybody tell me if they have experienced with the processing time at AAO?

Thanks
Pradeep
 
BS + 5 years

Could anybody let me know whether we can use experience gained with gc sponser company to match BS+5year requirement for EB2 ?
Thank you.
 
Could anybody let me know whether we can use experience gained with gc sponser company to match BS+5year requirement for EB2 ?

--- NO, you should have BS+5 years Progressive Experience before joining your sponsor who filed LC

go for EB3 at this time EB2 or EB3 does not matter
 
I-140 RFE - Educational Credentials

Hi abcd_123_xyz:

I have seen ur post on this forum and i beleive you can definitely help me with some info here.(I-140 RFE-Educ. credentials)

1) I have a 5 year Bachelor's Degree in Architecture from a Government Engineering College in India + a 2 year full time PGDiploma in Computer Applications + 6 years of Post educational experience prior to this employer.
2) my labor ETA 750 says (Bachelors in Computer Science or Engineering or Equiv.)
3) Education evaluations had already been submitted in the first instance.(Equivalent to BS computer science in US.. etc..)
4) Now the RFE wants me to produce a Degree in Engineering or Computer Science.(Also says equivalency will not be considered.. god knows why...)

Can u please share ur experience with dealing with the RFE and what kind of response got you the approval.
This info could help me in preparing my response.

Appreciate ur help.

Thanks
 
Doesn't make sense

I doesn't make sense to ask for an Engg. degree or Computer Sc. Degree When the ETA says Degree in Engg. or Equivalence means all the degrees submitted in US by aliens are equivalent of education in US colleges since these degrees are not from US. So, something is missing in this case and if in end you don't find anything at all you should attach your Architecture degree again and tell them this is what ETA said that this is what I have there is no gap in that.

I am not an attorney so ask your attorney to take your case aggressively. I heard BCIS had some new hires so you never know which Jerk is handling your case.
 
Question

One thing to note here is that "Do you have a degree in architecture" or a "Do you have degree in Architectural Engg.". I don't know if the concerned officer is confused between this.

May be get a letter from your college that your degree is an engg. degree and submit that, hope that might help.
 
The thing is, there is absolutely no reason to use the "or related" language for you unless this is a substitution case. If I am handling a case for someone with a CIS, I will ALWAYS specifically list that degree in the list of acceptable degrees. I see no possible reason to say, for example, "BS in CS, Electical Engineering, Mathematics or related" when the person that I have in mind has a CIS.
 
I'm planning to go for labour subsitution and trying to understand exactly the way BCIS interprets education qualification mentioned in LC.

If the LC mentions education qualification as
BS in computer science or engineering, should the employee
MUST have

1. BS in computer science (or) BS in computer engineering

2. BS in computer science (or ) BS with any engineering like
BS in mechanical engineering, BS in civil engineering.

which one of the above is correct. 1 or 2 ?

In some cases LC have education qualification mentioned
as BS in computer science or engineering or equivalent. How this
"equivalent" is interpreted by BCIS.
 
I-140 RFE

Finesir / Jim:
I have a degree in "Architecture" and not "Architectural Engineering".
But i was able to procure a transcript from the Govt.Engg College, that "Architecture is as a branch of Engineering" at this institute and my degree is actually a bachelor's in Engineering in the field of Architecture. But i don't know if this would be used by my attorney for the response. And even if my attorney produces this as evidence , the INS accepts it.

BTW: JIm i have written a mail requesting your services as a second opinion. Can u please respond on this??

Thanks
 
To ravavi - Be Positive

I think you did excellent by getting that letter, I hope that would do it, be positive but still take all the help you can. I would suggest if you could even attach the syllabus for Computer Engg or Electrical Engg for first year and Architecture for first year if it used to be the same in your college (it's mostly same in india). So try sending all the documents you can to make your case stronger.

I am not attorney but I have worked in one of the govt. depts so I know how they look at the stuff. Consult all this with your attorney and good luck.
 
Question for Jim

Jim,

I have a question for you, in my case in labor certification major field of study column says:

Comp. Sc., Eng. Info.Systems or Equivalent.

Now I have education equivalent to Bachelor's in Electrical Engg.

Do you seen any RFE here because my case may come in up in a month? I just want to be prepared for it.

When I talked to the attorney office they said it means bachelor's degree in computer science or engg or information systems or equivalent but I don't see a comma after Eng. so I don't know how the concerned officer is going to take it.

Thanks very much in advance.
 
Education evaluation

Hello,

I am applying i-140 and 485.

I had education evaluation done in 1998 for my first H1. Is it good
to use that or is it better to do education evaluation now to avoid RFE.

Is it good to do Experience evaluation just in case???
 
Dear obsoza and Jim

My I140 (EB3) was denied citing that "Without a letter from a person who has the authority to grant college level credit stating that my Computer Course is equivalent to 1 year of college credit, the certificates cannot be given evidentiary value."

My Labour was approved with RIR stating "BS in CS or Equivalent".

I have got another Credential Eval. done that equates my BSc. and 1 Year Computer Course to BS CIS
This evaluation has been done by an evaluator who "because of the positions he holds in XYZ, has the authority to evaluate whether the school is to grant college level credit for ... course taken in US or international Institutes."
and a Course By Course from the 1st evaluator showing 123 credits equaling to BS IT.

Has anyone had a similar experience?

What are my chances for an appeal and how should I proceed?

I'll be grateful for any assistance.
 
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