3 years degree EB3, 140 at NSC - please advice
- Thread starter ashasree
- Start date
Same OLD LC!!!
Denial says as bellow..
If the petition is for a professional, the petition must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent degree and by evidence that the alien is a member of the professions. Evidence of a baccalaureate degree shall be in the form of an official college or university record showing the date the baccalaureate degree was awarded and the area of concentration of study. To show that the alien is a member of the professions, the petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.
Denial says as bellow..
If the petition is for a professional, the petition must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent degree and by evidence that the alien is a member of the professions. Evidence of a baccalaureate degree shall be in the form of an official college or university record showing the date the baccalaureate degree was awarded and the area of concentration of study. To show that the alien is a member of the professions, the petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.
gccracker said:
ajay_sanghvi
Registered Users (C)
Please advise.
Friends,
My I140 was filed under the EB3 category.
This is what is written in the labor certificate.
Box 14:
College Degree Required: BACHELORS OR EQUIVALENT
Major Field of Study: CS, CE, EE, ELECTRONICS ENG.
All other boxes within box 14 are empty.
Box 15:
Other special requirements: IN THE ALTERNATIVE, NO DEGREE REQUIRED WITH MINIMUM TWO YEARS EMPLOYMENT EXPERIENCE IN PROGRESSIVELY MORE RESPONSIBLE POSITIONS IN WINDOWS/WEB BASED DATA APPLICATIONS OR SOFTWARE ENGINEERING.
MY qualification is Bachelor of Commerce from India (15 years education) + a lot of short duration diplomas. I had 10 years experience before I joined the sponsoring company.
Vermont service center has sent an RFE that is not yet received by us. I dont know what the RFE is about. I am very scared that eventually my I140 will end up getting rejected.
Please advise. Please help in understanding the situation.
Friends,
My I140 was filed under the EB3 category.
This is what is written in the labor certificate.
Box 14:
College Degree Required: BACHELORS OR EQUIVALENT
Major Field of Study: CS, CE, EE, ELECTRONICS ENG.
All other boxes within box 14 are empty.
Box 15:
Other special requirements: IN THE ALTERNATIVE, NO DEGREE REQUIRED WITH MINIMUM TWO YEARS EMPLOYMENT EXPERIENCE IN PROGRESSIVELY MORE RESPONSIBLE POSITIONS IN WINDOWS/WEB BASED DATA APPLICATIONS OR SOFTWARE ENGINEERING.
MY qualification is Bachelor of Commerce from India (15 years education) + a lot of short duration diplomas. I had 10 years experience before I joined the sponsoring company.
Vermont service center has sent an RFE that is not yet received by us. I dont know what the RFE is about. I am very scared that eventually my I140 will end up getting rejected.
Please advise. Please help in understanding the situation.
Last edited by a moderator:
From immigration-law.com
11/06/2006: Increased Number of Graduate Schools in the U.S. Accept Non-European Foreign Students with 3-Year Degree
Report indicates that 44 percent of U.S. graduate schools now say they are willing to consider students from non-European countries who hold three-year degrees. Three-year degrees are common in India, which sends more graduate students to the United States than any other country, and in other countries influenced by the British model of education. “In time more universal acceptance of students with these degrees into American graduate studies may occur,” given the rising proportion of schools that have discussed or adopted policies regarding students with three-year bachelor’s degrees, the CGS report authors conclude.
This trend goes against the USCIS field office practice and AAO which do not recognize such degree to qualify for a U.S. Bachelor's degree equivalent. It is time for the USCIS headquarter leaders to relook at the current practice in field offices considering this important report.
Relating to this report, there is another good news concerning the Grace Korean Methodist Church decision in the State of Oregon that disagreed with the USCIS restrictive practice on the Bachelor's equivalent issue. The USCIS has refused to give a due deference to this federal district court decision and refused to apply in other cases outside the district court jurisdiction.
However, the new relates that the court sysem has decided to publish it in the official federal court decision reporter (437 F. Supp. 2d 1174 (D. Ore. 2005) making the decision gain additional weight as the precedent decision. We urge the USCIS leaders to relook at its current policy and practice on this issue.
11/06/2006: Increased Number of Graduate Schools in the U.S. Accept Non-European Foreign Students with 3-Year Degree
Report indicates that 44 percent of U.S. graduate schools now say they are willing to consider students from non-European countries who hold three-year degrees. Three-year degrees are common in India, which sends more graduate students to the United States than any other country, and in other countries influenced by the British model of education. “In time more universal acceptance of students with these degrees into American graduate studies may occur,” given the rising proportion of schools that have discussed or adopted policies regarding students with three-year bachelor’s degrees, the CGS report authors conclude.
This trend goes against the USCIS field office practice and AAO which do not recognize such degree to qualify for a U.S. Bachelor's degree equivalent. It is time for the USCIS headquarter leaders to relook at the current practice in field offices considering this important report.
Relating to this report, there is another good news concerning the Grace Korean Methodist Church decision in the State of Oregon that disagreed with the USCIS restrictive practice on the Bachelor's equivalent issue. The USCIS has refused to give a due deference to this federal district court decision and refused to apply in other cases outside the district court jurisdiction.
However, the new relates that the court sysem has decided to publish it in the official federal court decision reporter (437 F. Supp. 2d 1174 (D. Ore. 2005) making the decision gain additional weight as the precedent decision. We urge the USCIS leaders to relook at its current policy and practice on this issue.
snails_pace_gc
Registered Users (C)
tb2904 said:
I'm sure that the US universities will make these people take several deficiency courses before equating them to a US bachelors and then they will be able to earn their masters here.
3 year degrees are not equivalent to a US bachelors degree or a 4 year engineering degree from India. It is unfortunate that it has become a big business opportunity for some people to say 3 = 4. Atleast in India, we all know that people enter into those 3 year courses as a last resort when they fail to secure an admission into one of the several engineering schools. The cannot claim equivalency to a BE (most of them are entered through high scores or competitive exams) or a BS (entered through competitive SAT scores).
140 Approved!
Guys,
My EB3 140 got approved yesterday!
Thanks to all of you for your help and support, and specially to UN, Anil, A0001 and kal1234. Thanks guys.
Basically, I have a 3 yr BS and MCA from India - 140 got relected under EB2 - refiled under EB3 with couple letters from ex-supervisors stating my job details - EB3 140 got approved under PP in 10 days.
I will keep visiting this forum to see if there are others who could learn from my exp.
Thanks again all, and God bless
M
Guys,
My EB3 140 got approved yesterday!
Thanks to all of you for your help and support, and specially to UN, Anil, A0001 and kal1234. Thanks guys.
Basically, I have a 3 yr BS and MCA from India - 140 got relected under EB2 - refiled under EB3 with couple letters from ex-supervisors stating my job details - EB3 140 got approved under PP in 10 days.
I will keep visiting this forum to see if there are others who could learn from my exp.
Thanks again all, and God bless
M
snails_pace_gc said:
--You are right. 3-year degree and 4-year degree hold their respective standards. Both both are Bachelor's degrees. When employer requires a bachelor's degree, then regardless of the academic years spent in the college, a university awarded degree should suffice the give requirement. In real world, I havent found any employer expressing their concern over the number of years spent in college. All they see is an official academic record that shows that the candidate had been awarded a bachelor's degree.
When it comes to the standard of education with respect to 4-year or 3-year degree, it is a matter for the employer to judge. Also for the colleges that allow admission into higher studies to judge. USCIS should not challenge bachelor's degree requirement unless Labor asks for 4-year degree specifically.There are many universities that consider 3-year degree for an admission into master's programs in US. Without asking for additional courses.
The commercial business of equating 3 year degree to 4 year degree is a direct result of USCIS's stupid stance that they want to judge degrees based on academic years spent in college.If they really want to judge degrees by the virtue of quality, then technically , on paper, a 3 year degree holder in computer science would look more closer to fitting into a computer programmer job than a 4-year graduate in civil engineering.
It is good for USCIS to just scrutinize the recognition of the universities and respect employer's consent to hiring an individual. It is stupid of them to play the role of deans and professors in a college to judge what is a degree and what is not.
Congrats....please post more about content in supporting documents.
Thanks,
Thanks,
maansi28 said:Guys,
My EB3 140 got approved yesterday!
Thanks to all of you for your help and support, and specially to UN, Anil, A0001 and kal1234. Thanks guys.
Basically, I have a 3 yr BS and MCA from India - 140 got relected under EB2 - refiled under EB3 with couple letters from ex-supervisors stating my job details - EB3 140 got approved under PP in 10 days.
I will keep visiting this forum to see if there are others who could learn from my exp.
Thanks again all, and God bless
M
Last edited by a moderator:
supporting docs
here is what my ETA 9089 said:
COL 8 - IS THERE AN ALTERNATE COMBINATION OF EDU AND EXP THAT IS ACDEPTABLE? - YES
8A - SPECIFY THE THE ALTERNATE LEVEL OF EDUCATION REQUIRED - BACHELOR'S
COL 14 - ANY REASONABLE COMBINATION OF EDUCATION, TRAINING AND EXPERIENCE IS ACCEPTABLE FOR THE POSITION OFFERED
A0001 said:
here is what my ETA 9089 said:
COL 8 - IS THERE AN ALTERNATE COMBINATION OF EDU AND EXP THAT IS ACDEPTABLE? - YES
8A - SPECIFY THE THE ALTERNATE LEVEL OF EDUCATION REQUIRED - BACHELOR'S
COL 14 - ANY REASONABLE COMBINATION OF EDUCATION, TRAINING AND EXPERIENCE IS ACCEPTABLE FOR THE POSITION OFFERED
Sheila R Danzig
Registered Users (C)
graduate admission
-Sheila
gccracker is correct. I have helped students gain admission into us Masters programs with a solid evaluation showing the equivalency to a us bachelor's degree. One was admitted into the DUKE University MBA program - one of the top programs in the US. Harvard, Georgetown and other top universities have accepted students with 3 year degree into their masters programs. Saying that the 3 year programs are a second choice to the engineering programs is like saying being an accountant is a second choice to being a doctor. Medical school is more difficult to gain admission to then an accounting program but it does not mean that the accounting program is not excellent.gccracker said:
-Sheila