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unitednations said:
3 years degree EB3, 140 at NSC - please advice
- Thread starter ashasree
- Start date
One question about labor form
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.
Where I can find the column 14 and 15. I am not able to find this....under which sections this information comes....Gurus/Guys please help...
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.
Where I can find the column 14 and 15. I am not able to find this....under which sections this information comes....Gurus/Guys please help...
UN...just 5 mins of your time, pls
repost:
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
repost:
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
UN, pls
//
Your denial was due to the 3 year degree issue. USCIS made a determination that you are not qualified for the labor. That is the first step; second step is which category to file.
Your saving grace is in box 14 which states any "combination". Your lawyer needs to pound on this to say the labor allows for combination.
Note: As I've stated before; perm labors bring unique issues. I had posted a long time back that if what is in line 14 is shown on a labor USCIS can take a position that company is willing to take less then a full four year bachelors or masters degree. If it is willing to take less then it is not qualified for eb2.
However, this sentence is key in a perm labor in allowing combination if that is what you need to qualify for the labor.
It would have been 100% if the alternative requirement was combination but it is what it is.
For sure: Your Lawyer needs to pound on box 14 that it allows combination and you are using combination
//
Thanks UN.
So, I gather that using the box 14 and my current qualifications (BS - 3yrs) and 5 yrs of exp, I could qualify for a professional (not skilled labor) under EB3...agreed?
//
Your denial was due to the 3 year degree issue. USCIS made a determination that you are not qualified for the labor. That is the first step; second step is which category to file.
Your saving grace is in box 14 which states any "combination". Your lawyer needs to pound on this to say the labor allows for combination.
Note: As I've stated before; perm labors bring unique issues. I had posted a long time back that if what is in line 14 is shown on a labor USCIS can take a position that company is willing to take less then a full four year bachelors or masters degree. If it is willing to take less then it is not qualified for eb2.
However, this sentence is key in a perm labor in allowing combination if that is what you need to qualify for the labor.
It would have been 100% if the alternative requirement was combination but it is what it is.
For sure: Your Lawyer needs to pound on box 14 that it allows combination and you are using combination
//
Thanks UN.
So, I gather that using the box 14 and my current qualifications (BS - 3yrs) and 5 yrs of exp, I could qualify for a professional (not skilled labor) under EB3...agreed?
UN,
Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional.
As you said - the BOX 14 as some logic but it is talking about Skills even thoug combination is minimum requirement of labor I.E : Masters
PERM section H 8* is given a chance to deal with alternate Edu +Exp.
Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional.
As you said - the BOX 14 as some logic but it is talking about Skills even thoug combination is minimum requirement of labor I.E : Masters
PERM section H 8* is given a chance to deal with alternate Edu +Exp.
unitednations said:
maansi28 said:
Last edited by a moderator:
maansi28 said:
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Hi Maansi28,
Is it really possible to use the same labor used in I140 denial can again be used by you changing the preferece category?
I am exactly in the same boat....As you might have already read... my I140 got denied last week. But mine is regular labor not PERM.
According to your lawyer, when can you again apply for I140? Is there any time period that you cannot apply with changes to I140?
My lawyer doesnot have any a say.... abt whats my next step other than his next payment
I am waiting for my case status to show denied online (Nov 3rd), as I dont have any base to appeal on... same issue no continuous 4 year bachelors degree.
tks
140
stunpad,
I am not sure of the answers to your questions. If you'd like, I could let you know how my case goes...maybe you could learn something from it.
I am not aware of the time frame that you cannot apply with changes to I140, but I know that you can re-apply with the same LABOR in a diff category -- if your ETA had some "combination" acceptable..
hang tight
M
stunpad,
I am not sure of the answers to your questions. If you'd like, I could let you know how my case goes...maybe you could learn something from it.
I am not aware of the time frame that you cannot apply with changes to I140, but I know that you can re-apply with the same LABOR in a diff category -- if your ETA had some "combination" acceptable..
hang tight
M
Hi Mannsi28,
Thanks for your comment.
GCtracker
Did you do a 3 years=4 years evaluation before submitting the I-140?
No... I was not aware this issue as I have already got my I140 cleared with
another employer, with the same qualification and evaluations
... bad luck company closed.
Have you mentioned Bachelors or equivalent in the LC?
No.... because I never doubted attorney's capability.
no equivalent, no combo... thats why helpless now.
Did it go to NSC?
Sent to NSC but due to overload they sent it to TSC
Is it EB2 or EB3?
EB2
Is it straight denial or RFE deinal?
Stright.... denial with 1 month time frame for appeal to AAO
Thanks for your comment.
GCtracker
Did you do a 3 years=4 years evaluation before submitting the I-140?
No... I was not aware this issue as I have already got my I140 cleared with
another employer, with the same qualification and evaluations
... bad luck company closed.
Have you mentioned Bachelors or equivalent in the LC?
No.... because I never doubted attorney's capability.
no equivalent, no combo... thats why helpless now.
Did it go to NSC?
Sent to NSC but due to overload they sent it to TSC
Is it EB2 or EB3?
EB2
Is it straight denial or RFE deinal?
Stright.... denial with 1 month time frame for appeal to AAO
to stunpad
Stunpad,
i'm gccracker not gctracker.)
I've recently filed EB2 PP I-140 with freaky degree. I took 3=4 evaluation. I'll update about my case. Still it is in TSC. Can move to killer NSC anytime.
Looks like lawyer/you did multple mistakes. You didn't even keep any option open for flexible(??) TSC. If you apply using your I-140 again in EB3, USCIS will pull out the old denied EB2-I140 and might deny again for same reason. I'm sorry for you. I might join you in few days.
Did get your last I-140 approval from previous employer under EB2?
regards,
gccracker
Stunpad,
i'm gccracker not gctracker.
)I've recently filed EB2 PP I-140 with freaky degree. I took 3=4 evaluation. I'll update about my case. Still it is in TSC. Can move to killer NSC anytime.
Looks like lawyer/you did multple mistakes. You didn't even keep any option open for flexible(??) TSC. If you apply using your I-140 again in EB3, USCIS will pull out the old denied EB2-I140 and might deny again for same reason. I'm sorry for you. I might join you in few days.
Did get your last I-140 approval from previous employer under EB2?
regards,
gccracker
sorry GCcracker
Sorry! forgive my addressing.
Yes it was in EB2..... all the best for you.... I dont want anyone should get in to my situation.
___________________________________________________________gccracker said:Stunpad,
i'm gccracker not gctracker.
I've recently filed EB2 PP I-140 with freaky degree. I took 3=4 evaluation. I'll update about my case. Still it is in TSC. Can move to killer NSC anytime.
Looks like lawyer/you did multple mistakes. You didn't even keep any option open for flexible(??) TSC. If you apply using your I-140 again in EB3, USCIS will pull out the old denied EB2-I140 and might deny again for same reason. I'm sorry for you. I might join you in few days.
Did get your last I-140 approval from previous employer under EB2?
regards,
gccracker
Sorry! forgive my addressing.
Yes it was in EB2..... all the best for you.... I dont want anyone should get in to my situation.
col 14, 15 in ETA
Hi A0001,
I am sure others can learn from my mistake. Thats why I like this forum and answering ur question.
8 / 4/ 4+
qualifications: Bsc math, physics, chemistry. Advance pg dimploma from defense ministry in advanced industrial electronics, PG diploma in computer applications, with 13 years of progressive experience in IT field.
col 14 Master's/Bachelor's+5*
Major field of study: computer Science, math or closely related field
col 15 In liew of a masters degree, employer will accept Bachelors degree and five yrs of progressive responsible work exp.
thanks
A0001 said:
Hi A0001,
I am sure others can learn from my mistake. Thats why I like this forum and answering ur question.
8 / 4/ 4+
qualifications: Bsc math, physics, chemistry. Advance pg dimploma from defense ministry in advanced industrial electronics, PG diploma in computer applications, with 13 years of progressive experience in IT field.
col 14 Master's/Bachelor's+5*
Major field of study: computer Science, math or closely related field
col 15 In liew of a masters degree, employer will accept Bachelors degree and five yrs of progressive responsible work exp.
thanks
Last edited by a moderator:
GCCracker,
"I've recently filed EB2 PP I-140 with freaky degree. I took 3=4 evaluation. I'll update about my case. Still it is in TSC. Can move to killer NSC anytime."
--How do you know it goes to NSC? Since you did EB2 with (3=4) evaluation the first time (most people do after they get an RFE), I would still weigh in 60% chances of approval at TSC and 50% at NSC (Dont ask me where I got the percentiles from ). But then again, you should hope that they dont scrutinize it at 485 level.
Good luck.
"I've recently filed EB2 PP I-140 with freaky degree. I took 3=4 evaluation. I'll update about my case. Still it is in TSC. Can move to killer NSC anytime."
--How do you know it goes to NSC? Since you did EB2 with (3=4) evaluation the first time (most people do after they get an RFE), I would still weigh in 60% chances of approval at TSC and 50% at NSC (Dont ask me where I got the percentiles from
). But then again, you should hope that they dont scrutinize it at 485 level.Good luck.
60% tsc/ 50% nsc
anilt75,
It didn't goto NSC yet. But it might. right? They do load balancing.
i guess your % determination is pretty accurate. You guys will come to know the outcome within a week.
The percentage to get screwed in the 485 step is very low. It happened for very few people. But can happen anytime.
I just pray for the best.
Thanks.
GCcracker
anilt75,
It didn't goto NSC yet. But it might. right? They do load balancing.
i guess your % determination is pretty accurate. You guys will come to know the outcome within a week.
The percentage to get screwed in the 485 step is very low. It happened for very few people. But can happen anytime.
I just pray for the best.
Thanks.
GCcracker
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140 case - Maansi28
Guys,
I am li'l confused with the messages (pardon me, I am not as well versed with this as A001 or UN or Anil or kal1234 )
So, are we saying that:
1) The ETA form (9089) does't really say "professional" or "skilled labor" -- so does USCIS makes a determination on its own? I thought one had to mention in their form 9089 (sec I a.1)WHICH category under EB3 are they seeking?
2) A0001's post said "Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional"
-- but my lawyer is filing for "professional" under EB3. Do you think that is not correct?
But I thought UN said that "main thing is you meet the requirements of the labor" -- did he mean that I DO meet the requirements of the labor in its current form (EB3, professional)?
much thanks
M
--------------------------------------------------
//Originally Posted by A0001
UN,
Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional.
As you said - the BOX 14 as some logic but it is talking about Skills even thoug combination is minimum requirement of labor I.E : Masters
PERM section H 8* is given a chance to deal with alternate Edu +Exp.
-------------------------------
That's what I meant that PERM brings additional issues.
Box 14 in perm is the equivalent of box 15 on eta 750.
The alternative education requirement in perm is something that is new which wasn't in old labor. The alternative education requirement would have been shown in Box 15 on eta 750.
Her only choice is to pount on box 14 in perm labor that it allows for combination
Guys,
I am li'l confused with the messages (pardon me, I am not as well versed with this as A001 or UN or Anil or kal1234 )
So, are we saying that:
1) The ETA form (9089) does't really say "professional" or "skilled labor" -- so does USCIS makes a determination on its own? I thought one had to mention in their form 9089 (sec I a.1)WHICH category under EB3 are they seeking?
2) A0001's post said "Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional"
-- but my lawyer is filing for "professional" under EB3. Do you think that is not correct?
But I thought UN said that "main thing is you meet the requirements of the labor" -- did he mean that I DO meet the requirements of the labor in its current form (EB3, professional)?
much thanks
M
--------------------------------------------------
//Originally Posted by A0001
UN,
Your argument on denial is due to the 3 year degree issue - So, it is not qualified even for EB3 as a prefessional.
As you said - the BOX 14 as some logic but it is talking about Skills even thoug combination is minimum requirement of labor I.E : Masters
PERM section H 8* is given a chance to deal with alternate Edu +Exp.
-------------------------------
That's what I meant that PERM brings additional issues.
Box 14 in perm is the equivalent of box 15 on eta 750.
The alternative education requirement in perm is something that is new which wasn't in old labor. The alternative education requirement would have been shown in Box 15 on eta 750.
Her only choice is to pount on box 14 in perm labor that it allows for combination