3 years degree EB3, 140 at NSC - please advice

Sheila ... Please clarify.

Sheila R Danzig said:
We have a very high success in NSC. Virtually 100% with new labor certificates and I-140's. We have good results with RFE's, but not 100%, and we have had some MTR's approved after a denial. We do NOT recommend that anyone go to the appeals office - they are much better refiling with a new I140.
We used to let the lawyers make the decision whether or not to appeal, as we thought they would know more about appeals, but they don't.
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Sheila,
Your statement "We have a very high success in NSC" is a broad statement. I would like to ask you to further break your success ratio in the following categories?

a. 3 year degree applying for H1b
b. 3 year degree applying for EB3 labor
c. 3 year degree applying for EB2 labor
d. 3 year degree applying for EB3-I140
e. 3 year degree applying for EB2-I140


I have a 3 year B.COM degree + 1 year of M.COM. I want to apply for a EB2 labor and eventually apply for EB2-I140. I am considering the option of going with your expert opinion. What do you think are my chances for EB2-I140 approval? Ofcourse, we will be applying as BACHELORS + 5.

What is your success ratio for a 3 year degree EB2-I140 approval?

I have also spoken to a few other evaluators and their charges are almost half of your charges. They provide the same thing you provide then why are your charges double of theirs?

Thanks in advance
 
surabhi said:
UN...or Maani




I believe - USCIS accepting for premium service for second filing of a form I-140 petition- when an initial form I-140 was not pending.

In this scenario - an original labor certificate is with initial I-140 petition. It means Original Labor Certificate is with USCIS but not included with second I-140 form.

Am I correct?
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In my case I used the same labor (for which 140 EB2 was denied) to file for an EB3 140 , It was accepted in premium.

hope this help,s
M
 
unitednations said:
However, there has been a posting in last couple of months were Texas approved combination from a few years ago (labor didn't allow for combination) and when person's wife filed 485 it was filed in nebraska); uscis re-opened the person's I-140 and said it was approved in error. I do not know what happend to it.

For sure; with retrogression it could take a few years to approve 485's. Therefore, people who got approved when it didn't follow the national policy would be at risk later if USCIS re-affirmed this issue to the service centers.
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UN,

Do you remember the id or the thread where this case is posted? It would be helpfull for people who might get into a similar problem. I have read most of the threads on this forum and couldnt find it. I understand its difficult to remember the id but incase you do, can you please post the details?
I might get into a similar problem as I have a 3+3 ( equated to masters) and the labor has Bachelors + 5 years. I 140 approved by NSC in Oct 2005.
 
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My attorney got info from NSC that "original labor certificate must be included to be considered for premium processing."

Did you get the Original lab certificate from USCIS which you submitted in 1st 140 filing?.


How can i include my original labor which already with USCIS? Please help me.


maansi28 said:
In my case I used the same labor (for which 140 EB2 was denied) to file for an EB3 140 , It was accepted in premium.

hope this help,s
M
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3 year degree equivalency

ajay_sanghvi said:
Sheila,
Your statement "We have a very high success in NSC" is a broad statement. I would like to ask you to further break your success ratio in the following categories?

a. 3 year degree applying for H1b
b. 3 year degree applying for EB3 labor
c. 3 year degree applying for EB2 labor
d. 3 year degree applying for EB3-I140
e. 3 year degree applying for EB2-I140


I have a 3 year B.COM degree + 1 year of M.COM. I want to apply for a EB2 labor and eventually apply for EB2-I140. I am considering the option of going with your expert opinion. What do you think are my chances for EB2-I140 approval? Ofcourse, we will be applying as BACHELORS + 5.

What is your success ratio for a 3 year degree EB2-I140 approval?

I have also spoken to a few other evaluators and their charges are almost half of your charges. They provide the same thing you provide then why are your charges double of theirs?

Thanks in advance
Click to expand...

The other evaluators are going to combine your degrees to show equivalency to a US bachelor's degree. I will be happy to do that for $110.00. You will however, have your I140 most likely denied even though your labor gets approved.

The 3 year degree EB2/3-labor and I140 approvals for first time applicants is currently running at 100% though there are absolutely no guarantees. Most individual clients do not get back to me but the law firms do.

I suggest you get a *very* good lawyer who has had *success* filing cases like yours and follow the lawyers advice.

-Sheila
 
To escape the 485 denial because of 140

UN,
I guess to escape the 485 denial because 140 was approved in error one has to go the consular processing route. I think this is the work around. Your comments please...

Thanks.

If you want 100% approval then you have to follow the national policy. If you want to take chances on luck then you have to try to get your case to Texas where you have a better chance. However, there has been a posting in last couple of months were Texas approved combination from a few years ago (labor didn't allow for combination) and when person's wife filed 485 it was filed in nebraska); uscis re-opened the person's I-140 and said it was approved in error. I do not know what happend to it.

For sure; with retrogression it could take a few years to approve 485's. Therefore, people who got approved when it didn't follow the national policy would be at risk later if USCIS re-affirmed this issue to the service centers.[/QUOTE]
 
3 years degree not qualified for EB2!!!!

Guys,
One of the assistant to Mr. Khanna confirmed that 3+ years and combination of degrees do not qualify for EB2. She said the GC can still be pursued for such people in a different category but NOT in EB2 as EB2 requires 4 years single source degree.

I think work around for this is get your LC approved in EB2, file your 140 online to make sure it goes to TSC and hope that they will approve it in EB2 and choose consular processing instead of filing 485 as experts are saying that these cases be my denied later at 485 stage saying that the 140 was approved in in error.

Inviting experts opinion on this..

Thought this will be helpful to atleast few people on this forum.

Good Luck to all.
 
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surabhi said:
My attorney got info from NSC that "original labor certificate must be included to be considered for premium processing."

Did you get the Original lab certificate from USCIS which you submitted in 1st 140 filing?.

How can i include my original labor which already with USCIS? Please help me.
Click to expand...

I guess this is more a question for the lawyers, but if mine was able to do that, so should be yours.

M
 
LabourCleared

My attorney has strongly hinted that the i-140 will not be filed online , infact he says it cannot be done online. Not sure why attorneys donot want to go the online route .Whats scaring them away... is it more work? I heard someone else bringing this issue up on the forums with most attorneys avoiding the online route.

My attorneys exact words..
The I-140 is filed after you have received the approval of the Labor Certification and at the present time must be done by mail and not email filing as it must be accompanied by the I-l40 along with the approved Labor Certifcation along with the employer tax returns and other supporting documents. All I-140s are mailed directly to the CIS at the Lincoln, Nebraska Service Center and they can consider them or transfer the file to the Texas Service Center but they all must be filed with the NSC first
 
Maansi,

How your attorney handled " include original labor in 2nd 140 for PP service" -Please ask him and let me know. I need info ASAP.

any one have idea on this..........

Thanks,
Surabhi

maansi28 said:
I guess this is more a question for the lawyers, but if mine was able to do that, so should be yours.

M
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UN,
If I evaluate my MBA as masters then wont they come back saying the BS which is prerequiste for Masters in only 3 years? Have you seen any success with such cases who got evaluated as Masters with 3 years Bachelors from India at 140 stage @ NSC?

I think one member on this forum tried to equate her B.Sc + MCA equal to Masters but got her 140 denied in EB2 that her BS is not equal to BS of USA.

The NJ company is in Morris County.

Thanks,

unitednations said:
ability to pay is complex. As long as you are on payroll and getting paid labor wage from priority date then ability to pay doesn't become an issue.

When you do your evaluation; only get the masters evaluated. do not do masters plus bachelors. If your masters is equal to us masters then you should get approved in eb2.

Don't know which country company is in New Jersey but generally EB2 positions in New Jersey are over $90,000 in wages.
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ajay_sanghvi said:
Sheila,
Your statement "We have a very high success in NSC" is a broad statement. I would like to ask you to further break your success ratio in the following categories?

a. 3 year degree applying for H1b
b. 3 year degree applying for EB3 labor
c. 3 year degree applying for EB2 labor
d. 3 year degree applying for EB3-I140
e. 3 year degree applying for EB2-I140


I have a 3 year B.COM degree + 1 year of M.COM. I want to apply for a EB2 labor and eventually apply for EB2-I140. I am considering the option of going with your expert opinion. What do you think are my chances for EB2-I140 approval? Ofcourse, we will be applying as BACHELORS + 5.

What is your success ratio for a 3 year degree EB2-I140 approval?

I have also spoken to a few other evaluators and their charges are almost half of your charges. They provide the same thing you provide then why are your charges double of theirs?

Thanks in advance
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why not go for EB1?
 
snails_pace_gc said:
why not go for EB1?
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EB-1 requirement -- USCIS site.

EB-1 Priority workers

1) Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
2) Foreign nationals that are outstanding professors or researchers
3) Foreign nationals that are managers and executives subject to international transfer to the United States
 
Anybody with similar education applied @ NSC EB2 ??

Please help me on this


meraharapatta said:
My education is

10 (SSC) + 3 (3 Year Engineering Diploma) + 3 (BE -Bachelor of Engineering)

Note that BE is 4 -year degree and I got 1 year exemption as I had Diploma and admitted directly to 2 nd Year of BE.

My I140 (EB2) is filed @ NSC

Anybody with similar education applied @ NSC ????
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Hi A0001,

My degree certificate do not mention # of years, but I submitted transcript from
my college of my degree which has details of all 4 years (subjects & examination marks) and which also mentions that I was directly admitted to 2 nd Year.

Thanks


A0001 said:
How is your final degree award?
is it stated 3 year or 4 year?
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My I-140 Approved

United Nations,
Your prediction that my I-140 will be approved without any problems has finally come true:

http://www.immigrationportal.com/showpost.php?p=1491777&postcount=214

My case was approved today. Please read the following post for further details:

http://www.immigrationportal.com/showpost.php?p=1554885&postcount=2083

Thanks so much for all your support especially UN and Anil and thank you so much for this forum and this portal which is providing people like us with invaluable information and support.

See you in I-485 forums.
 
thanks

anilt75 said:
Congratulations GCOnly. You have to change your name to CitizenOnly soon!! :D
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Thanks Anil! I hope that was possible soon :) still have long way to go. But for now, I am happy that I am one step closer.
 
New MEMO from HQ on Combination

UN/Gurus,
As what I understand USCIS is allowing for combination of degrees to prove equivalent to US Bachelors. Please go to www.immigration-law.com and click on Breaking News and then click on

USCIS Internal Adjudication Manual for Employment-Based Immigration Petitions (I-140, I-360, ETC) link

(Internal Adjudication Manual is the link)

and read thru pages 52 & 53. I have attached D) Advanced Degree Position with this write up. Please read this and post your opinions if HQ is advicing SC to accept combination in EB2 or not.

UN,
We need your expert comments on this please.
 
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