3 years degree EB3, 140 at NSC - please advice

[maansi28]

united nations...

You are posting something from 1998. This was before ac21.

Under ac21 one can extend h-4 as long as principal alien is on h-1 (even if the combined h-1 and h-4 goes beyond six years).

---------------------

Hi UN,
just looking at your posts I am thinking you're a lawyer , so your inputs are much appreciated..

(Also, I am looking to have a paid consultation with a qualified lawyer -- since each day my lawyer sinks to a new level of incompetence -- about the quagmire that I am in. Sheila Murthy has been recommended, but her rates are exorbitant to the say the least!
Can I talk/schedule an appointment with you?)

1) My husband's H1 6 yrs get over in Aug 2007. Also, his 140 has been approved and so he can get indefinite 3 yr extns.
So does that mean that I can hook onto his H1 as H4 and stay on?
2) How does the H4 conversion work? Do I need to go to India for that to happen?
3) I am hoping my 140 also would get approved in the next few months. So when the time is right, I can come back on H1 without problems..correct?
4) Is there a minimum timeframe between when I go from an H4 back to H1? (That is, say my 140 gets approved while I have been on H4 for only a month, can Igo back to a H1?)
4) Can you pls refer me to a weblink that explains this in detail?

Thanks much
M

 

[A0001]

UN, ALL

Please see this link on USCIS site

http://www.uscis.gov/graphics/howdoi/eligibility3.htm

content as bellow on the site

EB-3 classification includes:

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Then how the combination will work for Eb3 which requres BS?
when this USCIS site updated with this wording? Do you have any idea?

You will have no problem.

Usually, the way the labor should be filed:

Primary education: Bachelors
Field of study: any field

Alternative education requirements: other
# of years: 3
Combination of education/experience is acceptable to meet bachelors requirement.

How this combination will work??


In other skills/requirement section:

Any suitable combination of training, education, experience is acceptable.


Note: the sentence "in other skills" is what will get someone in trouble with eb2, even if the primary and secondary job requirements or bachelors plus fiver or masters.

 

[kgp]

Move before filing I-140.

Unitednations,
I need your advise on this issue:
My labor was filed from Chicago, labor application says: Where Alien will work: Chicago, IL

In August 2006 I was transferred to Denver at same job. And I got my labor approval recently and ready to file I-140 & I-485.

My company has big office in Chicago as well as Denver over 10,000 employee in both location.

As GC is for future job so what are my options now? There is always a posibbility for going back to Chicago for same job in next 1-2 years.

Is it ok to give current work location Denver or Do we need to give Chicago.

My address; Is it ok to give my Denver address or do I need to maintain a residence in Chicago (My brother has a residence in Chicago, should I use that).

Please advise me what to do.

Thanks

Kgp

Keep it simple.

See my example above.

No: the labor doesn't need to say "progressive".

 

[number30]

Unitednations,
I need your advise on this issue:
My labor was filed from Chicago, labor application says: Where Alien will work: Chicago, IL

In August 2006 I was transferred to Denver at same job. And I got my labor approval recently and ready to file I-140 & I-485.

My company has big office in Chicago as well as Denver over 10,000 employee in both location.

As GC is for future job so what are my options now? There is always a posibbility for going back to Chicago for same job in next 1-2 years.

Is it ok to give current work location Denver or Do we need to give Chicago.

My address; Is it ok to give my Denver address or do I need to maintain a residence in Chicago (My brother has a residence in Chicago, should I use that).

Please advise me what to do.

Thanks

Kgp

Your current location or the job should not matter here. As long as company says position open and being offered to you is enough.

In worst case scenario six months after filing your I-485 you can show AC-21 which also allows to change in location of the job.

 

[riz_arsh]

Experienced gain after completing degree requirements

To get labor certified; you generally can't use the experience gained with the company sponsoring you for the greencard. Department of labor doesn't care if the qualifying experience was before, during or after you received the bachelors or combination thereof; They mainly care if it was gained with the sponsoring employer.

However, USCIS doesn't care who you gained the experience with as long as you met the education/experience requirement before the date of filing labor and for EB2 purposes the qualifying experience had to be after you received Bachelors Degree.

Example:

To get labor approved and requirements are Bachelors plus five years of experience.


Graduated from University: June 2000
Joined sponsoring employer: June 2004
Filed Labor: June 2006

To get the labor approved; you would need to show five yers of experience before June 2004 (before joining emploeyer).

To get the I-140 approved you need to show the five years of experience before June 2006. Since you can use experiene gained with employer for I-140 purposes then all fiver years of erxperience for I-140 would have been after your date of graduation.

Your case wouldn't have problems with perm or I-140.

UnitedNations: A quick question on the above scenario described by you. Let me give you some details of my situation:

I completed my Bachelors degree requirements in Dec 1999 and started working for my 1st employer from Jan 2000. However the degree was awarded in June 2006. I did receieve a letter from the University in March 2000 saying all degree requirements were completed and the academic council would award the degree in June 2000.

Overview:
Bachelors degree requirements: (120 credits) Dec 1999
Started working for Employer: Jan 2000
Degree award date: June 2000
LC of PD : March 2005 (EB2/Bachelors+5 years progressive experience requirement in LC)

Please let me know if there is a possibilty of issues (RFE/denials) at I-140 stage.

Thanks

 

[kgp]

Move before filing I-140.

unitednations,
Can you please reply to my posting above regarding 'Move before filing I-140."

 

[maansi28]

140 denial, H1 to H4....UN, pls advise

Hi UN,
First of all, thanks again for your time...I am truly grateful for your help.

Based on your post (pasted below), I am hoping I could get your thoughts on my particular case:

My EB2 140 got rejected due to the 3 yr degree issue (as explained in my earlier post on this forum)
My H1 6 yrs get over on Jan 1st, 2007, although the H1 extn that I got is till Feb 10, 2007. Question 1 – So, do I get out of status on Jan 1st or Feb 10th?
Here are some *optimistic* thoughts on the plan of action:
1) My employer files a fresh EB3 labor for me on say Dec 20th (after the 45 day advertisement, etc is taken care of)
2) The labor gets approved on say Jan 20th (my earlier EB2 labor got approved in 4 weeks) Question 2 – is there a “premium processing” for EB3 labor? 3) We file for EB3 140 in premium processing on say Jan 25th. Then (by God’s grace) my 14 gets approved on Feb 10th.

This way I would out of status only for say 40 days. Then, like you said, I could travel to Canada on Feb 10th, and then when I re-enter, I would already have an approved 140.
Question 3 - The drawback, as I understand, in filing for a fresh EB3 v/s using a pre-approved labor COULD have been that I would come under the H1 cap...but now with your post “When one files an H-1 and they are not currently in h-1 they would file it as "new employment: There is another part where you state that you have been in h-1b status once in the last six years and not left the country for more then one year. This part is the key because you can answer "yes" and you will not be subject to the quota” ---- even that problem is eliminated, is that right?

Question 4 - So, given all things – it appears to my untrained mind that applying for a fresh EB3 (instead of filing MTR, etc) is the simplest AND SAFEST approach…do you agree?
Question 6 - Lastly, since as pointed by you, “Since he is re-entering his past unlawful prescense would be wiped out (note: this only works if one had less then six months of unlawful presence)” --- I take it that even if my 140 gets approved in say Jun 2007, even then I can travel to Canada in Jun 2007 and still have any unlawful presence wiped out…correct?

much thanks
M
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3) I am hoping my 140 also would get approved in the next few months. So when the time is right, I can come back on H1 without problems..correct?

There is nothing in the law that explicitly covers the scenario where one is past six years on h and is currently on h-4 and tries to change back to h-1 without being subject to the new quota.

When one files an H-1 and they are not currently in h-1 they would file it as "new employment: There is another part where you state that you have been in h-1b status once in the last six years and not left the country for more then one year. This part is the key because you can answer "yes" and you will not be subject to the quota.

I only know of one person who has tried this. This was the situation:

Person's 7th year on h-1b expired in April 2006. He was beneficiary of 140 and working on EAD. September 2006, uscis revoked the approved I-140 and denied the 485.

His wife was on h-1b. He filed for a change of status from EAD to H-4 in October 2006. Somehow USCIS approved it with an I-94 card. (note: one can only chage or extend status if they are currently in non immigrant status. Since he wasn't in non immigrant status they shouldn't have approved it. However, they did.

It was approved in December 2006. He wanted to get back on H-1. I told him that from September to December 2006 he was accruing unlawful prescense and it may come up as an issue. I directed him to go to Canada for one day and come back to USA with a new I-94 card. Since he is re-entering his past unlawful prescense would be wiped out (note: this only works if one had less then six months of unlawful presence). As soon as he came back in, we applied for a change of status from H-4 to H-1 stating he wasn't subject to the cap. However, he had no labor in his name and no I-140. To get around this, we focused on USCIS memo in 2003 which states a person can extend h-1 if he/she will use any labor which is older then 365 days (key part is "any labor"). We used a pending/backlog labor in someone else's name and had the company say they were going to substitute him onto it upon approval.

It was filed in premium and approved in one week. He got one year extension on H-1b.

Note: His 7 years expired in April 2006.

He switched to H-4 and then got back onto H-1b.

This is a similar situation to your's.

Note: I am doing one that is exact same as your's. Only difference is that we are using an approved labor in someone else's name and saying we are going to substitute.

 

[bitu72]

HI Anilt..lost u r number can you call me...thanks

 

[Chocolate]

Any input

There is a denial posted long back where persons marticulation was a few months after the acrual completion of course requirements. USCIS went by the date of graduation.

You don't actually get a degree until you have been matriculated. How were you getting H-1b's?

If your transcripts say date of graduation was 2006 then it will be problems. It will be in adjudciator discretion.


Update:

I didn't read your posting carefully enough. Since you have a letter from university that you graduated in June 2000 then that would be the date USCIS would go by.

I need one more clarification. Can you help me here ?the labor has details of 1 yr experience during my BE. But will USCIS care if i provide some other experience apart from the one listed in LCA to show progressive experience. do i need my employer to send anything else like a letter to prove it.Wil the USCIS be strict and ask for only experience listed in LCA ?Any inputs.

 

[GCNaseeb]

Hi UN

Here is the best AAO decision I can find that discusses this.
http://www.uscis.gov/graphics/lawsregs/admindec3/b6/2004/dec0804_01b6203.pdf
Rule #1: Person must meet the requirements of the labor.

If labor says Bachelors degree or equialent then you have to have one degree that is equal to us bachelors degree.

If labor allows for combination of education/experience then you meet the requirements of the labor.

Now that you meet the requirements then it becomes which category do you file in.

Since eb3 has professional and skilled worker there is no way to apply for one or the other. They are considered the same preference category.

Therefore, even if the position is that you have to have a full four year degree to be in eb3 professional and your labor allows for combination you may not fit in eb3 professional but you would fit in eb3 skilled worker.

Therefore, it is immaterial. #1 thing is that you always have to show that you meet the labor requirements first and then category second.


btw; you can go back as far as 2000 on appeals decision and you will see this as being a recurring issue since then.

Hello UN,

You are a life-saver for many of us. Could you please suggest the best option for my case? My labor (pd Aug-2003) got approved last month and currently my attorneys are preparing to file for my I-140. I have Indian 3 year degree (B.COM) and 1 year diploma in (DBM). My labor says like this: Col # 14: Bachelors, or foreign equiv., Major field of study. Comp Sc. Eng. Bus or related, Exp. 5 years. Col # 15: In lieu of Bachelors will accept an additional 2 years experience in stated occupations. Special Requirements says Experience must include network...etc. etc. (experience may be concurrent).

I have 15 years of experience. What are my best Options: should I bank on filing EB2 or just file as professional/skilled worker, EB3? How about getting an evaluation to prove my qualification to US BS, and seek an EB2? Whom you recommend for geting evaluation as a safe bet? Again, thanks for your help, I really appreciate your recommendation.

 

[powerman]

Hi Guys,

Let's Discuss and Track, 3 year H1-B Extension after getting I-140, here

http://www.immigrationportal.com/showthread.php?t=228467

 

[maansi28]

140 - Now Under Eb3...un, A0001, Anil, Kal1234...pls Advise

Hi friends, me again

My lawyer now says that he will apply for an EB3 for me using the approved EB2 labor -- AND -- that my present education/expereince WILL DEFINITELY qualify for a bachelors in EB3 (even though it didn't fly in EB2)..... not as a skilled labor, but as a prefessional.

Can you pls advise if this is good?

My ETA says "

H.6 - Is exp in the job required for the job - YES
H.6A - If yes, no. of months required - 24
H.7 - Is there an alternate field of study that is acceptable - YES
H.8 - Is there an alternate combination of of education and experience that is acceptable -YES
H.8.A - If yes, specify the alternate level of experience required - BACHELOR'S
H.8.C - If applicable, indiate the no, of yrs of experience - 4
H.9 - Is a foreign educational equivalent acceptable -YES
H.10 - Is exp in an alternate occupation acceptable - YES
H.10.A - If yes, no. of months needed -24
H.14 - ..."Any reasonable combination of education, training and experience is acceptable for the position offered.

much thanks
M

 

[kal1234]

Hi friends, me again

My lawyer now says that he will apply for an EB3 for me using the approved EB2 labor -- AND -- that my present education/expereince WILL DEFINITELY qualify for a bachelors in EB3 (even though it didn't fly in EB2)..... not as a skilled labor, but as a prefessional.

Can you pls advise if this is good?

My ETA says "

H.6 - Is exp in the job required for the job - YES
H.6A - If yes, no. of months required - 24
H.7 - Is there an alternate field of study that is acceptable - YES
H.8 - Is there an alternate combination of of education and experience that is acceptable -YES
H.8.A - If yes, specify the alternate level of experience required - BACHELOR'S
H.8.C - If applicable, indiate the no, of yrs of experience - 4
H.9 - Is a foreign educational equivalent acceptable -YES
H.10 - Is exp in an alternate occupation acceptable - YES
H.10.A - If yes, no. of months needed -24
H.14 - ..."Any reasonable combination of education, training and experience is acceptable for the position offered.

much thanks
M

The Labor does not seem to demonstrate that it qualifies for EB-2. As per my understanding, for EB-2 You need to have a Masters or a Bachelors plus 5 years of progressive experience. Additionally, you cant have a combination of degrees if you go with the second option (BS+5 ).

Now to answer your question, In my opinion, this perm labor seems to qualify for EB3. If my memory serves me right you had a 3 year BS + 3 year MCA Correct?

 

[maansi28]

kal1234

hi kal,
//
The Labor does not seem to demonstrate that it qualifies for EB-2. As per my understanding, for EB-2 You need to have a Masters or a Bachelors plus 5 years of progressive experience. Additionally, you cant have a combination of degrees if you go with the second option (BS+5 ).

Now to answer your question, In my opinion, this perm labor seems to qualify for EB3. If my memory serves me right you had a 3 year BS + 3 year MCA Correct?
//
Yes, the labor will not qualify for an EB2,it is for this reason that it was rejected for an EB2...and now we are reusing the same labor to file an EB3
To answer the other q, Yes, I do have 3 yrs BS+3 yr MCA - SO can I use my labor for EB2 to refile for an EB3 (*under professional , not skilled worker)

many thanks
M

 

[boston28]

any place to check for current PDs?

My lawer is filing soon for I-140 application but I dont know if it is a good deal to do it premium
Is there any link where someone can check the current PD?
mine is sep 03
and if my PD is about to become current I would also apply for 485
thanks everyone

 

[Sheila R Danzig]

Premium Processing

My lawer is filing soon for I-140 application but I dont know if it is a good deal to do it premium
Is there any link where someone can check the current PD?
mine is sep 03
and if my PD is about to become current I would also apply for 485
thanks everyone

Everyone I have spoken to (lawyers and clients) have had only good things to say about premium processing.

 

[number30]

My lawer is filing soon for I-140 application but I dont know if it is a good deal to do it premium
Is there any link where someone can check the current PD?
mine is sep 03
and if my PD is about to become current I would also apply for 485
thanks everyone

Usually it is good unless you have aging out kids.

 

[patsfan]

UN need your advice

Hi UN

I have a 3 year degree and 9 years of experience before filing the labor.
My labor column 14 says "Masters *", and column 15 says "Bachelors & 5 years of progressively responsible experience will substiute for Master's and 2 yrs experience.". My labor is certified for EB2.

My company is ready to file I140 under EB2. Most probably it will goto NSC. What are my chances with my I-140 getting approved.

I would appreciate your help on this

Thanks

 

[A0001]

1)check for any posibility to AMEND the labor ETA
2)Make back up plans with filing PERM

Hi UN

I have a 3 year degree and 9 years of experience before filing the labor.
My labor column 14 says "Masters *", and column 15 says "Bachelors & 5 years of progressively responsible experience will substiute for Master's and 2 yrs experience.". My labor is certified for EB2.

My company is ready to file I140 under EB2. Most probably it will goto NSC. What are my chances with my I-140 getting approved.

I would appreciate your help on this

Thanks

 

[isingh786]

Hi AOOO1

1)check for any posibility to AMEND the labor ETA
2)Make back up plans with filing PERM


Quote:
Originally Posted by patsfan
Hi UN

I have a 3 year degree and 9 years of experience before filing the labor.
My labor column 14 says "Masters *", and column 15 says "Bachelors & 5 years of progressively responsible experience will substiute for Master's and 2 yrs experience.". My labor is certified for EB2.

My company is ready to file I140 under EB2. Most probably it will goto NSC. What are my chances with my I-140 getting approved.

I would appreciate your help on this

-----------------------------------------

When you say try amending the ETA, Amend it to what?

What should be in column 14 and 15 to fall under EB2. Assuming my case I have 10+2+3(B.COM) +3 (MCA)....

Please Advise...

THanks,