140 RFE Gurus need help.. 3 (Three) year Engg Degree..

K

kriskish

Registered Users (C)
Hi gurus,
Just now I got the RFE from my paralegal.
The RFE states “It has been determined after review of the petition, supporting documentation, and the advisory evaluation of the alien’ s credentials that additional information must be provided since the Service does not historically recognize a foreign three-year diploma as the equivalent of a four-year U.S. degree.”


I have 10+2+2+3 education. Does anybody have any idea how respond to this. I will talk attorney but if somebody can give some suggestions or hints that will be great.

My ETA says:

Bachelors or Foreign Equivalent. Major field Electornics and Comm Engg.

Can we add Combination of degree NOW in the labor certification?

I have 3 year engg degree after the polytechnic and I did 10+2 and got into polytechnic second year.

If anybody have any suggestion or threads where I can find the info that will be great. Anyone who got approval of 140 with 3year engg degree please respond to this.

Thanks
KK
 
Hi Kriskish,

Sorry to read about your RFE. From the way, the RFE is worded it looks to be a factual error on their part, plus an issue of differing perception.

Factual error is that you have acquired a foreign (Indian) degree and not a diploma. This degree awarded to you is exactly the same as that for any 10+2 student getting into the 4-year degree course.

After the 10+2, it may be explained that your total engineering took 5 years for the degree vis-a-vis 4 years in normal course and this was due to your opting a different path to reach the same education distinction.

In case, you have not done education evaluation, you need to get it done to make necessary justification. I'm sure you would find some threads resolved with similar concerns.

The final outcome will be favorable.

Good luck.

DIGS
EB3, India
RD Apr.04
140 ??
 
Get a detailed letter from your engineering school with an explanantion why you have studied 3 years instead of 4 years. It will help. I am also doing so.
 
Gc_puli said:
Get a detailed letter from your engineering school with an explanantion why you have studied 3 years instead of 4 years. It will help. I am also doing so.
Click to expand...
Hi DIGS and GC_Puli,
Thanks for the suggestions. Here is the exact RFE worded fully. Earlier was half only. After reading the RFE totally then I felt there is 1% chance of getting approval. Initially I was thinking of having 0% of chance.

The RFE states “It has been determined after review of the petition, supporting documentation, and the advisory evaluation of the alien’ s credentials that additional information must be provided since the Service does not historically recognize a foreign three-year diploma as the equivalent of a four-year U.S. degree. This additional information should:

1) Consider formal education only, not practical training experience;

2) State if the collegiate training was post secondary education: i.e. did the applicant complete the United States equivalent of high school before entering college?
I did 10+2 and then polytechnic 2 years so which one is considered as high school.

3) Provide a detailed explanation of the material evaluated, rather than conclusive statements.
What they are expecting here?
4) Briefly state the qualification and experience of the evaluator providing the opinion.
This can be done.

Any suggestions or comments are most welcome.
Thanks
KK
 
Gc_puli said:
Get a detailed letter from your engineering school with an explanantion why you have studied 3 years instead of 4 years. It will help. I am also doing so.
Click to expand...
Hi Puli,
From which college you did your engineering? I did it from MVSR in hyderabad. Please let me know.
Thanks
KK
 
Kriskish,
Would you mind sharing your LC requirement. Does it say combination of degree allowed ?

I always used to think that you will get your I-140 and I-485 approval concurrently since your PD was current. Anyway they have atleast started to work on your case.

Hope you get something positive before July 1st 2005.
 
I-140

These are some of the reasons I have read on the forum where people get caught easy.

1) Some time the Education back home does not match the US Equivalency.
2) Some time the ETA column 14 and 15 refer to US Bachelors / US Masters. It Should say “US Bachelors or Equivalent / US Masters or Equivalent .
3) People have combination of degrees Equating to US Bachelors or US Masters Degree. If this is the case ETA should also mention the same.
4) In some cases where the Substitution of Labor is used, a candidate was not Bachelors or Masters on the Priority date (Labor).
5) Some times some companies are doing a fraud by applying many I-140 on the same Labor.
6) Using work Experience to Equate to the Degree also is pretty risky.
7) Substitution of Labor automatically triggers many flags.
8) Transcripts are not provided along with the documents.
9) Copy of Original Degree is not provided with the Documents.
10) Poor Education Evaluation.

Ask your Lawyer to handle the Query Nicely. Though it is an easy one but take it very seriously. I am 99% sure that you will be fine and will get approved. Another advice is don’t rush up, take your time to answer the RFE (Off course before the Last date to Respond to RFE)
 
Last edited by a moderator:
Hi kk, sorry to hear about RFE . below is my two cents..hope it helps

kriskish said:
Hi DIGS and GC_Puli,
Thanks for the suggestions. Here is the exact RFE worded fully. Earlier was half only. After reading the RFE totally then I felt there is 1% chance of getting approval. Initially I was thinking of having 0% of chance.

The RFE states “It has been determined after review of the petition, supporting documentation, and the advisory evaluation of the alien’ s credentials that additional information must be provided since the Service does not historically recognize a foreign three-year diploma as the equivalent of a four-year U.S. degree. This additional information should:

1) Consider formal education only, not practical training experience;
<b> Get evalaution saying that Polytechnical is formal education. did you do ploytechnic in Electronics and communications? Evaluation should talk about specific courses, length etc..why the courses are highly technical etc </b>

2) State if the collegiate training was post secondary education: i.e. did the applicant complete the United States equivalent of high school before entering college?
I did 10+2 and then polytechnic 2 years so which one is considered as high school.
<b>I think 10 +2 is considered high school. Every thing after that is post secondary education. </b>

3) Provide a detailed explanation of the material evaluated, rather than conclusive statements.
What they are expecting here?
<b> again, I think they are asking how you are drawing conclusions about your degree being equivalent to US bachelors. Explain in detail as much as possible about each course, syllabus. grading criteria, how competitive is it to get an admission into engineering.. etc.. key is to provide more details (more than they ever want)</b>
4) Briefly state the qualification and experience of the evaluator providing the opinion.
This can be done.
<b> get a well reputed/respected evaluator, if you don't already have </b>

Any suggestions or comments are most welcome.
Thanks
KK
Click to expand...
 
to_be_lucky said:
Kriskish,
Would you mind sharing your LC requirement. Does it say combination of degree allowed ?

I always used to think that you will get your I-140 and I-485 approval concurrently since your PD was current. Anyway they have atleast started to work on your case.

Hope you get something positive before July 1st 2005.
Click to expand...
Hi to_be,
I am not lucky as you :). My LC requirement says Bachelors or Foreign Equivalent. Major field Electronics or related field. No of years of experience 1.
Yes I am really happy that they have started working on my case. Yeah the last day is July 1st. If it gets approved then I can join another company without any issues.
Thanks for your wishes.
KK
 
Hey Rak,
Thanks for your suggestions. I am going to get Syllubus for polytechnic as well as engineering and getting two letters one from polytechnic and other from Engineering college. I will provide all the stuff to evaluator. I know it takes little more time but I feel when we need to submit something give more than what they are asking. I just want give a great shot on this. So I will take some time. I saw one user who's RFE got approved in one day. Even if they take 3 weeks I won't mind. Bottom line to get the approval. I am going to do all the things which you all guys have suggested.
Thanks again for all your support
KK
 
KK, If you are providing all those details, I think you have great shot at getting your approval.
I received a RFE for my case also but my lawyer haven't got the letter yet.

Wish you all the best.
 
Equivalency

For guys having three year diploma and then a three year degree, here are my two cents
You may want to include a letter from university that clarifies the process.
Something like below

To get a bachelor's degree in engineering, the students can choose any of the following paths
1) 10 + 2 + 4 years of engineering
2) 10 + 3 years of engineering diploma which entitles them to join 4 year degree program at second year + 2,3 and 4th year of the 4 year degree program
3) 10 + 2 + 3 years of engineering diploma which entitles them to join 4 year degree program at second year + 2,3 and 4th year of the 4 year degree program

Also a note like, three year engineering diploma covers the syllabus for the first year of the 4 year engineering degree, thus entitling the student to further pursue 4 year degree starting directly at second year level.
 
co_istheworst said:
For guys having three year diploma and then a three year degree, here are my two cents
You may want to include a letter from university that clarifies the process.
Something like below

To get a bachelor's degree in engineering, the students can choose any of the following paths
1) 10 + 2 + 4 years of engineering
2) 10 + 3 years of engineering diploma which entitles them to join 4 year degree program at second year + 2,3 and 4th year of the 4 year degree program
3) 10 + 2 + 3 years of engineering diploma which entitles them to join 4 year degree program at second year + 2,3 and 4th year of the 4 year degree program

Also a note like, three year engineering diploma covers the syllabus for the first year of the 4 year engineering degree, thus entitling the student to further pursue 4 year degree starting directly at second year level.
Click to expand...

Hi Co,
Thanks for the good points. I have talked to my attorney he is said he will talk to head of the TrusteForte.. to make this thing workable. He is so confident. Lets what happens. I will put all the stuff what you guys have suggested and everything was very very useful.
Thanks
KK
 
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