3 years degree EB3, 140 at NSC - please advice

[adi_gc]

ADI_GC,

This was your PERM info correct?

H section - Job opportunity Information
4. Education: Minimum Level Required- OTHER
4-A. If other is indicated in question 4, specify the education required: BS or EQUIVALENT (EQUIV = 3 YR DEGREE +3 YR WORK EXP OR ADDITIONAL COURSE WORK)
4-B. Major Field of Study: CS, MATH OR PHYSICS
5. Is training required in the job opportunity? NO
6. Is experience in the Job offered required for the job? YES
6-A. If Yes, number of months experience required? 36
7. Is there an alternate of field of Study is acceptable? NO
8. Is there an alternate combination of education and experience that is acceptable? NO
8-A. If Yes, Specify the alternate level of education required:
8-B. If Other is indicated in question 8-A, Indicate the alternate level of education required:
8-C. If applicable, indicate the number of years experience acceptable in question 8:
9. Is a Foreign education equivalent acceptable? YES
10. Is experience in an alternate occupation acceptable? YES
10-A. If Yes, number of months of experience in alternate occupation required: 36
J: Alien Information
11: Education: highest level achieved relevant to the requested occupation: OTHER
11-A: If Other indicated in question 11, specify: BS EQUIVALENT (3 YRS DEGREE + ADITIONAL COURSE WORK)
12. Specify major field of study: PHYSICS
Summary of Educational Evaluation - Trustforte
My 3 year degree from India plus additional post secondary courses (Diplomas) are equivalent to Bachelor’s Degree in CS from a US University

All,

YES, that is the correct information from my PERM. Having the rigth words in the Labor as per the qualification makes a huge difference.

Also, please make sure that the COVER LETTER(from Lawyer) and the Letter of Support(from Company) mention that I140 application can be approved as a EB3 Professional or EB3 Skilled worker. This is extremely important because EB3 can be approved as a Professional or Skilled and there is no way to mention the sub-category in the I-140 application.(Note:- Skilled do not need a degree).

I still do not know if they approved my I140 as a Professional or Skilled. Will let you know once I have the more info.

Thanks

 

[gccracker]

skill worker or professional

I've seen my friend's EB3 I-140 approval notice. On the top right corner it mentioned both. "Skill worker or Professional". I think your one should contain both as well. How long it takes generally to receive a PP I-140 approval notice physically from the online approval date?

Thanks.
gccracker

 

[adi_gc]

All,

YES, that is the correct information from my PERM. Having the rigth words in the Labor as per the qualification makes a huge difference.

Also, please make sure that the COVER LETTER(from Lawyer) and the Letter of Support(from Company) mention that I140 application can be approved as a EB3 Professional or EB3 Skilled worker. This is extremely important because EB3 can be approved as a Professional or Skilled and there is no way to mention the sub-category in the I-140 application.(Note:- Skilled do not need a degree).

I still do not know if they approved my I140 as a Professional or Skilled. Will let you know once I have the more info.

Thanks

My I140 application got approved in EB3 Skilled worker, which is E31.

Thanks

 

[A0001]

Usally with in 14 days - other wise Petitioner can cantact USCIS.

I've seen my friend's EB3 I-140 approval notice. On the top right corner it mentioned both. "Skill worker or Professional". I think your one should contain both as well. How long it takes generally to receive a PP I-140 approval notice physically from the online approval date?

Thanks.
gccracker

 

[kgp]

In EB3 Category, what is EB32, what is this means, Skilled Or professional or either one.

Usally with in 14 days - other wise Petitioner can cantact USCIS.

 

[A0001]

its Eb3 Professional

In EB3 Category, what is EB32, what is this means, Skilled Or professional or either one.

 

[expeditegc]

AAO denied my appeal on October 17.

Since then, there were LUD changes on I-140 and 290B on 10/25/06, 10/26/06, 10/27/06, 10/28/06. What's going on?

 

[kgp]

Some hope on my I-140 / Degree Issue.

I got more info from my ETA, A nice person started working on my I-140 application. This person told me that the requirement is a 4 yrs Bachelors Degree and there is additional info which says that will accept 3 years Degreee + 1 year Exp. (NOTE: As I mentioned that I have a Masters Degree in Engineering + 2 Yr PG Diploma in Engg + 3 years B.Sc, this Three yr B.Sc is the issue)

But I have many problems, Labor says that Employee will work on: X location. But I was transferred to another State just before labor approval, Attorney is saying that this work location is important because Advertisement were done for "X" location and to be able to work at different location it Labor must be filled as MOBILE work location. Attorney says that you can change location only after 6 month of filling 485.

I don't know what to do? Give old work location in the application, and Friends address as residence? but that is not true, Although company have office there with more than 10,000 employee?

Advise Please?????

 

[gccracker]

I-140 approved 3 years degree

My EB2 PP I-140 case has been approved recently with Sheila’s evaluation in 10 business days from TSC. I’ve 3 years Electronics degree which has lots of electronics/computer engineering/communication courses (36 courses). I also have 1 year MSc degree which is composed of a thesis and very good computer programming/algorithm/database related courses. Both degrees are from same University.

1) I submitted BSc (3yr=4yr) and MSc course by course evaluations provided by Sheila while filling the I-140.
2) I submitted all University transcripts, few pages from thesis and all certificates.
3) I’ve some Linux, Solaris certifications. I guess that helped to show progressive experiences. I’ve all experience letters from previous employers with very precise description.
4) I didn’t submit her expert opinion letter and 200 pages. Instead of that I got a letter from a known US university where my friend got the US Masters. Professor wrote on the University letter head that “we enrolled that student based on the foreign degree and GCcracker has the same degree and number of courses as that student. So he is entitled to enroll in US MSc course (after fulfilling other requirements like GRE….etc..) and his bachelor is US equivalent. Sometimes we don’t accept all the foreign BSc degree credits but let the student enroll with some additional courses in MSc program.” He wrote some other regular things in the letter. This kind of letter is really tough to get. I believe this letter played an important role in the approval. I got this idea from one of UN’s posting long time back. But again course by course evaluation is a must.
5) I didn’t submit any combination degree (3+1=4) evaluation documents.
6) I don’t believe that USCIS ignored the fact that I’ve a 3 years degree because Sheila’s course by course BSc evaluation mentioned that thing more than 50 places
7) Lawyear informed me that PERM LC has “Bachelors or equivalent and 5 years experience”.
8) I’m very lucky that my case went to TSC. I assume only 20% case goes to TSC.
9) It’s my first I-140. I don’t have any previous denial. I didn’t receive any RFE either.
10) I noticed my High school certificate issue/exam/course end year is 1993. I passed high school end of 1993. I started my first grade at Jan 1981. So it might be counted as 13 years education before starting the 3 years degree.
11) My company has 200+ employee

I wanted to be very precise and to pin-point each issue in my email. Hopefully no one would have any more questions.

I feel really sad and sorry for those whose (3,3+1,3+3) EB3/EB2 I-140 got rejected.

I’ve learnt a lot from this forum which definitely helped me to organize all the required papers for I-140 filling.

Thanks everyone in the forum. Thanks to Sheila for her evaluation. Thanks to UN.

Regards,
GCcracker

 

[stunpad]

I140 one shot...clear

Hi GCcracker,

Congratulations..... Great work. Thanks for all the details. The word equivalent made the difference for you.... apart from the supporting evaluation and other stuff....

I am happy for you aaalllll who are successful in I140.

all the best in further stages.

 

[HunnyZee]

Congrats ..

Great news .Congrats GCcracker

Thanks for the info .It would be great if you could clarify a few things .

1)You did evaluation from Sheila that showed your three yr degree equal to a 4 yr degree but you only send the evaluation document but not the expert letter and 200 age docs. Correct? . if yes i am curious why you didnt send the complete documentation from sheila together with the Univ prof letter.

2) you mentioned that you have 13 yrs of high school education . Was that used or mentioned anywhere in your evaluation?My evaluation is (13+3)

3)Did you mention anything in the special requirements or col 14 of perm ?

4)It would be great if you mention the answers of 4-10 of perm so that it could help others who donot have the services of outstanding lawyers.

4. Education: Minimum level required:
5. Is Training required in the job opportunity?
6. Is experience in the job offered required for the job?
6-A. If Yes, number of months experience required:
7. Is there an alternate field of study that is acceptable?
7-a. If Yes, Specify the major field of Study:
8. Is there an alternate combination of education and experience that is acceptable?
8-A. If Yes, Specify the alternate level of education required:
8-B. If Other is indicated in question 8-A, indicate the alternate level of education required:
8-C. If applicable, Indicate the number of years experience acceptable in Question 8:
9.Is a Foreign education equivalent acceptable?
10. Is Experience in an alternate occupation acceptable?

 

[gccracker]

re: 3 yrs degree

HunnyZee,
I'll provide you when i've the copy of LC.

1) I don't want to confuse INS by providing too much papers. I guess Sheila's source of expert opinion letter is not from a US university. I thought US university letter will be efficient.
2) I dont think we can mention that in LC but i've provided school and high school transcripts.
3) Col:14 "Bachelors or equivalent and 5 years experiences. Client will work nationwide." I assume lawyer didn't mention combination there as combination workis for EB3.

Thanks.
GCcracker

 

[A0001]

This case is NOT from NSC .We have to note that TSC will accept any Degree/ any evaluation.

Please DO not hope any thing with this approval.

NO ONE reported the success with Sheila’s evaluation on RFE's or Denials in NSC.


Appeals thread proving that Sheila’s evaluation not accepted by AAU or NSC on any case.

My EB2 PP I-140 case has been approved recently with Sheila’s evaluation in 10 business days from TSC. I’ve 3 years Electronics degree which has lots of electronics/computer engineering/communication courses (36 courses). I also have 1 year MSc degree which is composed of a thesis and very good computer programming/algorithm/database related courses. Both degrees are from same University.

1) I submitted BSc (3yr=4yr) and MSc course by course evaluations provided by Sheila while filling the I-140.
2) I submitted all University transcripts, few pages from thesis and all certificates.
3) I’ve some Linux, Solaris certifications. I guess that helped to show progressive experiences. I’ve all experience letters from previous employers with very precise description.
4) I didn’t submit her expert opinion letter and 200 pages. Instead of that I got a letter from a known US university where my friend got the US Masters. Professor wrote on the University letter head that “we enrolled that student based on the foreign degree and GCcracker has the same degree and number of courses as that student. So he is entitled to enroll in US MSc course (after fulfilling other requirements like GRE….etc..) and his bachelor is US equivalent. Sometimes we don’t accept all the foreign BSc degree credits but let the student enroll with some additional courses in MSc program.” He wrote some other regular things in the letter. This kind of letter is really tough to get. I believe this letter played an important role in the approval. I got this idea from one of UN’s posting long time back. But again course by course evaluation is a must.
5) I didn’t submit any combination degree (3+1=4) evaluation documents.
6) I don’t believe that USCIS ignored the fact that I’ve a 3 years degree because Sheila’s course by course BSc evaluation mentioned that thing more than 50 places
7) Lawyear informed me that PERM LC has “Bachelors or equivalent and 5 years experience”.
8) I’m very lucky that my case went to TSC. I assume only 20% case goes to TSC.
9) It’s my first I-140. I don’t have any previous denial. I didn’t receive any RFE either.
10) I noticed my High school certificate issue/exam/course end year is 1993. I passed high school end of 1993. I started my first grade at Jan 1981. So it might be counted as 13 years education before starting the 3 years degree.
11) My company has 200+ employee

I wanted to be very precise and to pin-point each issue in my email. Hopefully no one would have any more questions.

I feel really sad and sorry for those whose (3,3+1,3+3) EB3/EB2 I-140 got rejected.

I’ve learnt a lot from this forum which definitely helped me to organize all the required papers for I-140 filling.

Thanks everyone in the forum. Thanks to Sheila for her evaluation. Thanks to UN.

Regards,
GCcracker

 

[tammy2]

This case is NOT from NSC .We have to note that TSC will accept any Degree/ any evaluation.

That is correct. I have seen some one with associate (two years) degree from India sail through in Texas.

 

[A0001]

UN,

In one of cases – beneficiary completed 28 subjects/Courses in Foreign degree/study.

* Evaluator made the course by course evaluation with the math calculations

Calculations like bellow

120/28=4.29. Evaluator assigned 4.29 credit hours for each subject/course!!!!
Do you think any one going accept this course by course evaluation?
How could expert evaluator assign 4.29 credit hours for all 28 courses?

But it needs to be reasonable.

I know that you aware that antics of USCIS.
Do you know any one succeeded in AAO in the appeals with these evaluations?
Do you think any case got approved with this evaluation as response for Edu RFE in NSC?

I know - Every one has freedom to choose evaluator. I respect this.


I know number of people struggling with NSC position on foreign education.
My intention is to demonstate / show down sizes and real facts too. Sorry for any in convenience -I do not have intention to hurt any one.


Thanks,

How big is your sample size? The amount of denials/rfe's is very large in relation to the number of postings on the forums.

Please do not generalize. I talk/discuss with many people. I know many successes in Nebraska and many cases currently sitting at appeals office.

 

[talktome]

what are the chances?

 

[A0001]

I know number of people struggling with NSC position on foreign education.
My intention is to demonstate / show down sizes and real facts too. -I do not have intention to hurt/criticiz any one.

Personally, if lawyers/company/ourselves knew this issue ahead of time; then we could have done it correctly.

However, once you come into a problem then main solution is to prove year equals 4 year.

I do know some people who are starting the process and I tell them risks of eb2 versus eb3 if they don't have single 4 year degree. Since perm labors get approved pretty fast then the risk is mainly monetary and not time since you don't lose much time if you have to do the perm again. The risk/reward of getting it in eb2 and shaving a few years of getting a greencard is probably worth it. I file every I-140 on-line to get it to go to Texas. They are faster, more predicatable and easier on evaluations.

Note: I have seen denials from Texas. Main thing I have seen in denials is "field of study" mismatch.

Regarding Nebraska - In clean cases I haven't seen denials using 4 year evaluation (ie., no rfe/no denial). Earlier this year there were a number of cases that did get approved from Nebraska and a number of them also went to appeals office.

When a case goes to appeals office; you can essentially forget about it getting approved.

Trying to criticize Sheila when she is trying to help on the back end in my opinion is just wrong. It is sort of blaming an appeals lawyer for something going wrong when it should be the original trial lawyer who should get the blame.

Note: I do send/direct people to Sheila. As she gets feedback from RFE's, attornies; does more research; the back-up arguments she uses has gotten stronger and stronger. It is starting to get more difficult for USCIS to counter it. The back-up documents/arguments she uses are "not her opinion" but from other sources.

You guys might complain about the cost but the revenue generated from her over these types of evaluations are very small in the overall revenue stream of doing evaluations.

I'm glad she has thick skin. If people were criticizing her she could just stop doing it. She has many lawyers who proactively send her cases. If you really want the culprits then people should list the attornies who filed the labors and did the mistake; not the person who is cleaning it up on the back end.

 

[talktome]

what are the chances?

Hi Gurus,

After 11 months of wait at Atlanta PERM Center after my Labor went to Audit, it got through. Audit was about proving the experience.

We are in the process of filing I-140 now. I have a 10+2+ 3 years of Engineering Diploma. In addition, I did a 1 year of advance diploma in Computer Programming. With the details from 9089 listed below, what are the chances of getting I-140 approved?

Lawyer believes we can get it done in EB2 but I am pushing for EB3 as EB3 is much safer than EB2.

4. Education: minimum level required
Bachelor’s
4-A: If Other is indicated in question 4, specify the education required:
blank
4-B: Major Field of Study
Computer Science, Engineering, Math or MIS

5. Is training required in the job opportunity?
No
5-A: If Yes, number of months of training required:
blank
5-B: Indicate the field of training:
blank

6. Is experience in the job offered required for the job?
Yes
6-A: If Yes, number of months of experience required:
84

7. Is there an alternate field of study that is accepatable?
Yes
7-A: If Yes, specify the major field of study:
Any Non-IT B.Sc. (with 10 years progressive experience acceptable)

8. Is there an alternate combination of education and experience that is acceptable?
Yes
8-A: If Yes, specify the alternate level of education required:
Master’s
8-B. If Other is indicated in question 8-A, indicate the alternate level of education required:
blank
8-C. If applicable, indicate the number of years experience acceptable in question 8:
2

9. Is a foreign educational equivalent acceptable?
Yes

10. Is experience in an alternate occupation acceptable?
Yes
10-A. If Yes, number of months experience in alternate occupation required:
84
10-B. Identify the job title of the acceptable alternate occupation:
Systems Administrator/Analyst, Network/Communications Technical Support

11. Job duties
See Attachment

“Analyze, design, develop, configure, troubleshoot, administer and maintenance, ensure optimal performance of networks, communications (intranet and internet) and operating systems, hardware, software and peripherals, perform systems and devices architecture, perform connectivity to other networks, devices and database systems. Must have at least 3 years hand-on-experience in at least 6 of the following tools/technologies and platforms: MS Exchange, Windows NT/2000, Oracle, Novell Netware 4.11/5.1, GIS (Arc-Info), Protocols, ISDN, HP 9000 Series, Linux, Sun E4500 Solaris Servers, Designer 2000, CISCO, Veritas, NFS, DNS, Dell 6300, 4300 Servers and workstations, LAN/WAN, MS SQL Server, Unix.

PLEASE NOTE THAT EMPLOYER/PETITIONER NORMALLY CONSIDERS AND IS WILLING TO ACCEPT OTHER REASONABLE COMBINATION OF EDUCATION AND EXPERIENCE THAT PROVIDES THE CANDIDATE WITH THE REQUISITE SKILLS AND ABILITIES NECESSARY TO PERFORM THE CORE DUTIES OF THIS SENIOR-LEVEL, DEMANDING AND COMPLEX JOB. ACCORDINGLY IN THE PAST, WE HAVE CONSIDERED AND HIRED AND ARE NOW WILLING TO accept the following equivalent/alternative combination of education and experience – (B) a Master’s degree in Computer Science, Engineering, Math, MIS and at least two (2) years experience as Network Engineer/Analyst or Systems Administrator/Analyst or related occupations OR (C) Any other Bachelor’s degree (including a foreign three year Bachelor’s degree) and at least 10 years progressive experience as Network Engineer/Analyst or Systems Administrator/Analyst or related occupations OR (D) Any other Bachelor’s degree (including a foreign three year Bachelor’s degree) and an additional year formal IT-Related post-graduate diploma or Advanced Certification education and at least seven (7) years progressive experience as Network Engineer/Analyst or Systems Administrator/Analyst or related occupations.”

12. Are the job opportunity’s requirements normal for the occupation?
No

13. Is knowledge of a foreign language required to perform the job duties?
No

14. Specific skills or other requirements
Candidates must have at least 3 years and diversified exp. In several of the listed technologies/languages (at least 6) or Professional/advance certification or post graduate education because position requires working simultaneously on multiple projects for various clients and working on complex systems/applications, frequent travels domestically to clients/project sites nationwide required.

I have the education evaluation done by Trustforte. It is not a course by course evaluation but a comprehensive one. It does state that my Diploma is equivalent to a Bachelor's of Computer Science in US.

What do you think the chances are with the information above.

Thanks in advance for your helpful comments and advice.

 

[Sheila R Danzig]

Tsc

That is correct. I have seen some one with associate (two years) degree from India sail through in Texas.

I am seeing RFE's from TEXAS due to combining.Certainly not as many as NSC ... but there never used to be any.

Most of my work is with the law firms. The more successful lawyers don't appeal when the issue is the 3 year degree. They file an MTR or file again with a new labor. The success of the 3 year degree evaluated as equivalent to a US bachelor's degree is very close to, if not at, 100%, when it is a new labor cert. The sucess drops for the RFE's though most are approved, even at NSC, and we run into most of the trouble with the Denials though we have had many successful MTR's as well. I suggest to every client with a denial that filing with a new labor is a better strategy, but that is actually the job of the lawyer, not the evaluator, to decide how to file.

If every lawyer and HR person did the job correctly this problem would disappear for everyone except those with a substitute labor.

Thank you UN for recognizing that I am cleaning up other people's messes and that no other agency is willing to take on this task.

If everyone got the proper advice from the beginning from professionals like UN none of this would happen. It is, frankly, inexcusable. The rule about the I140 and combining is not new. The lawyers and the HR managers should know better.

-Sheila

 

[INDIAH1USGC]

I know number of people struggling with NSC position on foreign education.
My intention is to demonstate / show down sizes and real facts too. -I do not have intention to hurt/criticiz any one.

A0001 - Guess u create lot of noise and confusion. Confine to the point and advice if you have a expert opinion else please restrain your self.