3 years degree EB3, 140 at NSC - please advice

Well if one has the proper wordings in the LC then it can be approved @NSC too in EB3. The question and problem is only with EB2 cases who has 3 year degree+another degree. They must try to get their cases to go to TSC.

stillwaiiting said:
3 year degree people try to file @ TSC and I-140 will be approved. No questions asked.
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What about case filed in I-140 EB3 Skilled worker for EB2 labor?

LaborCleared said:
Well if one has the proper wordings in the LC then it can be approved @NSC too in EB3. The question and problem is only with EB2 cases who has 3 year degree+another degree. They must try to get their cases to go to TSC.
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I have 3 years computer science degree and 12 years of experience.
Labor details :
H. 4. Education: Minimum Level Required- BACHELOR'S
H. 4-B. Major Field of Study: Computer Science
H. 6. Is experience in the Job offered required for the job? YES
H. 6-A. If Yes, number of months experience required? 60
H. 8-A. If Yes, Specify the alternate level of education required: Master's
H.10. Is experience in an alternate occupation acceptable? YES
H.10-A. If Yes, number of months of experience in alternate occupation required: 60
H.14. Specific Skills or Other Requirements :
Requires a Master's degree in computer applications + 1 year of work experience or Bachelor's Degree in Computer Science or Physics or
equiv. through a multiple degrees equal to a 4 year degree + at least 5 years of work experience.
 
do not know for sure

My I140 case was rejected by TSC in Oct'2006.. same 3 year degree issue with EB2....
 
Sheila R Danzig said:
I discussed this with lawyers who have seen i140's approvals reversed during the 485 and not one they have seen happpened when the 3 year degree has been shown equivalent to a US bachelor's degree. All that anyone has seen that I am aware of have involved combinations.
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I would not jump to the conclusion that approved I-140 applications based on 3 year degrees evaluated as 4 year US Bachelors equivalent cannot be revoked at the I-485 stage. There is always a certain element of risk involved in such evaluations and until USCIS provides clear direction on this issue nothing should be taken for granted even after I-140 approval. The safest bet is filing LC in PERM tailored for EB3 category and allowing for "combination of education and training".
 
no conclusions

riz_arsh said:
I would not jump to the conclusion that approved I-140 applications based on 3 year degrees evaluated as 4 year US Bachelors equivalent cannot be revoked at the I-485 stage. There is always a certain element of risk involved in such evaluations and until USCIS provides clear direction on this issue nothing should be taken for granted even after I-140 approval. The safest bet is filing LC in PERM tailored for EB3 category and allowing for "combination of education and training".
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When it comes to USCIS there is no jumping to any conclusions. I did not say it cannot be revoked. I simply said that there have been no cases I am aware of where these evaluations have been revoked.
 
EB3 to EB2 conversion

I have just received my LC and learnt that if I were on EB2 there would be no delay in my I-485 application as visa numbers are current. I have a 4 year degree. I am not sure why my company/attorney applied for EB3.

Can I convert my EB3 status to EB2 without having to redo my LC? If so, what is required....apart from a better attorney :)

State: CA
PD: 05/15/2004
ETA#: D-05195-xxxxx
45DL Revd: 07/12/2006
45DL Rpld: 07/14/2006
Labor Certified 12/15/2006
 
Sheila R Danzig said:
When it comes to USCIS there is no jumping to any conclusions. I did not say it cannot be revoked. I simply said that there have been no cases I am aware of where these evaluations have been revoked.
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UN had mentioned that NSC revoked few I-140's which was "erroneously" approved. Folks, please keep a back-up LC. Never I mean never trust NSC. They are as bad as Republicans.
 
For UN

Hi UN,
My labor recently got approved from PBEC. I am confused regarding 3 year degree. I have following degrees
3 Year Bachelor of Science Degree in Chemistry
2 Year Master of Science Degree in Chemistry and
2 Year Master of Science Degree in Information Science. All degrees are from India. I also had 2 years experience at the time of labor filing.

Now Form 750 column 14 says College Degree Required- Masters Degree*
Major field of study Math Or Eng Or Sci. Or Comp. Science.
Experience 1 Year

Column 15 says-"*Will accept an equivalency based on educational and/or experience credential evaluation."

My one page education evaluation basically says that the three-year program of study is transferable towards a four year Bachelor’s degree from US and my Masters degree in Chemistry goes towards the completion of fourth year study in Chemistry and is equivalent to the Bachelors degree from US. My master’s degree in Information Science is equivalent to the MS degree in Information Science.

What will be your suggestion for filing I-140. Thanks in advance.
 
Hi UN please advice me,

I had recently filed my I-140 with NSC under EB2 category. Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.

I am an Mcom from india,
with 3 year Bcom (Honors) Delhi university,
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).

I also have 1 month full time Oracle Financials Training certificate from concourse Information Technology Internationals (full time)

a 3 month Essentials of Oracle certification from NIIT. Besides 6 years of experience in IT field (as on the date when my labor was filed).

My credential evaluation report mentions as follows:

"Mr. Neerajkhan’s master degree is considered to be academically equivalent to a Master of business Administration as awarded by an accredited U.S university. Admission to this program required a bachelor’s degree. His bachelor's degree is equivalent to a bachelor of science in business administration as awarded by am accredited U.S university. He also has a major in Computer Science based on extensive studies he completed in computer science and the awarding of two Post Graduate diplomas in computer science. This course of study is equivalent to the credits required by U.S universities for a major in computer science. Admission to the bachelor's program required the equivalent to a U.S high school diploma."

What are my chances of getting I-140 approved? My attorney is telling me to file afresh labor under EB3 . I am really confused, frustrated and disappointed. How should I proceed please guide me.

Thanks,
Neeraj
 
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neerajkhan said:
Hi UN please advice me,

I had recently filed my I-140 with NSC under EB2 category. Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.

I am an Mcom from india,
with 3 year Bcom (Honors) Delhi university,
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).

I also have 1 month full time Oracle Financials Training certificate from concourse Information Technology Internationals (full time)

a 3 month Essentials of Oracle certification from NIIT. Besides 6 years of experience in IT field (as on the date when my labor was filed).

My credential evaluation report mentions as follows:

"Mr. Neerajkhan’s master degree is considered to be academically equivalent to a Master of business Administration as awarded by an accredited U.S university. Admission to this program required a bachelor’s degree. His bachelor's degree is equivalent to a bachelor of science in business administration as awarded by am accredited U.S university. He also has a major in Computer Science based on extensive studies he completed in computer science and the awarding of two Post Graduate diplomas in computer science. This course of study is equivalent to the credits required by U.S universities for a major in computer science. Admission to the bachelor's program required the equivalent to a U.S high school diploma."

What are my chances of getting I-140 approved? My attorney is telling me to file afresh labor under EB3 . I am really confused, frustrated and disappointed. How should I proceed please guide me.

i ASLO WANT TO ADD THAT TODAY I HAVE 10 YEARS OF IT EXPERIENCE.

Thanks,
Neeraj
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Hi All,

I am in big trouble......badly need advice from people like united nations.

My labor got approved on June 8 , 2006. My seventh year ext. is coming to end. Visa is expiring on April 28, 2007

Labor details

1. College Degree Required - Bachelor's or equivalent*.
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D).

2. Major Field of Study - C.S. , Engineering, Business or related field

We did submit education evaluation from The TrustForte Corporation which states that my degree is equivalent of a Bachelor of Science Degree in Computer Science from an accredited US institution of higher education.

I have bachelors of Science in Math and 18 month NIIT. In addition, I also have 15 yrs. + of experience.

My lawyer first applied my I-140 in regular processing. This was applied in EB3 category. We again applied in Premium processing on Dec 07, 2006. On Dec 11, 2006 my lawyer called me up and said the my I-140 is denied. Reason for Denial is stated as - 3 years degree is not equivalent to 4 year US degree.

What are my options here? Do I need to pack and go? I have two kids. I am working with my current company with 5+ years.

Any help, suggestion will be highly appreciated.

Thanks.
 
scho69 said:
Hi All,

I am in big trouble......badly need advice from people like united nations.

My labor got approved on June 8 , 2006. My seventh year ext. is coming to end. Visa is expiring on April 28, 2007

Labor details

1. College Degree Required - Bachelor's or equivalent*.
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D).

2. Major Field of Study - C.S. , Engineering, Business or related field

We did submit education evaluation from The TrustForte Corporation which states that my degree is equivalent of a Bachelor of Science Degree in Computer Science from an accredited US institution of higher education.

I have bachelors of Science in Math and 18 month NIIT. In addition, I also have 15 yrs. + of experience.

My lawyer first applied my I-140 in regular processing. This was applied in EB3 category. We again applied in Premium processing on Dec 07, 2006. On Dec 11, 2006 my lawyer called me up and said the my I-140 is denied. Reason for Denial is stated as - 3 years degree is not equivalent to 4 year US degree.

What are my options here? Do I need to pack and go? I have two kids. I am working with my current company with 5+ years.

Any help, suggestion will be highly appreciated.

Thanks.
Click to expand...

--You can appeal your case I guess. It goes to AAO. Your case may remain pending at AAO for good 18 months (approximately). You can get h1b extension till appeals court makes a decision on your case. There is no point in hoping for a positive outcome on appeal.

Start your GC process meanwhile immediately.By the time a decision is made, if you file your GC properly,you should have PERM + 140 approved again. That should put you back on track again.

Good luck.
 
Which category was it applied? Professional or Skilled Worker category?

scho69 said:
Hi All,

I am in big trouble......badly need advice from people like united nations.

My labor got approved on June 8 , 2006. My seventh year ext. is coming to end. Visa is expiring on April 28, 2007

Labor details

1. College Degree Required - Bachelor's or equivalent*.
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D).

2. Major Field of Study - C.S. , Engineering, Business or related field

We did submit education evaluation from The TrustForte Corporation which states that my degree is equivalent of a Bachelor of Science Degree in Computer Science from an accredited US institution of higher education.

I have bachelors of Science in Math and 18 month NIIT. In addition, I also have 15 yrs. + of experience.

My lawyer first applied my I-140 in regular processing. This was applied in EB3 category. We again applied in Premium processing on Dec 07, 2006. On Dec 11, 2006 my lawyer called me up and said the my I-140 is denied. Reason for Denial is stated as - 3 years degree is not equivalent to 4 year US degree.

What are my options here? Do I need to pack and go? I have two kids. I am working with my current company with 5+ years.

Any help, suggestion will be highly appreciated.

Thanks.
Click to expand...
 

I am not sure, please tell me where in the labor can I find this information.

Experience required is 2 yrs.

Related Occupation - Software Engineer

Job Title - Application Software Engineer

Another question - Since I have some time, if I do BS in USA now, will that help? Can my lawyer submit my USA BS degree later, after appealing?
 
scho69 said:
I am not sure, please tell me where in the labor can I find this information.

Experience required is 2 yrs.

Related Occupation - Software Engineer

Job Title - Application Software Engineer

Another question - Since I have some time, if I do BS in USA now, will that help? Can my lawyer submit my USA BS degree later, after appealing?
Click to expand...

I-140 Receipt will show you on which category it was filed.
If you do BS now, that will not count for the current employer.
If you really want to study, you can do Masters. I saw this forum that some of the universities accepting three year degree.
 
mano1 said:
I-140 Receipt will show you on which category it was filed.
If you do BS now, that will not count for the current employer.
If you really want to study, you can do Masters. I saw this forum that some of the universities accepting three year degree.
Click to expand...


Thanks for your reply Mano. My case was filed in professional category.
 
3 yr degree + multiple PERM mess. Please Advise !!!

Friends,

I am in a BIG mess. I have a 3 yr degree (3 yr diploma in engineering) + 10 yrs exp.

My H1 is valid till sep 07. I got PERM approved in Aug 2006 but unfortunately my employer did NOT mention "Yes" for "Is an alternate combination of Edu and Exp acceptable" in Section H, col 6b.

I asked my employer to re-start PERM process offering me a different position and with correct "wordings" in New PERM (i.e. "Yes" to Alternate combination of edu and exp etc).

Now when the lawyer is trying to E-file new PERM, he is getting Warnings from the Online System. Recently I came to know that the 1st approved perm needs to be withdrawn before 2nd PERM can be filed by same Employer, as stated below:

"1st Approved PERM and 2nd PERM filing for the same position: Automatically denied.
1st Approved PERM and 2nd PERM filing for the different position: Audit with request for return of the first application or an explanation of why there is a second application being filed and the first application cannot be returned.
"

What are my Options now (considering, if I withdraw existing approved PERM, and re-apply for new PERM then - there is still a chance for denial/audit of new PERM application. Also, I am due for 7th yr H1 extn as my H1 is expiring in Sep 07)

Should I:

1. File I-140 Premium Processing on existing PERM with Sheila's Evaluation (showing 3 yr degree = 4 yr US bachelors). If yes, would I be able to file the new PERM later if this one gets stuck/RFE'ed/denied ?

2. Withdraw existing PERM, E-file new PERM in Jan, hope it doesnt go to Audit and then use new PERM for I-140 ?

3. Go ahead with e-filing new PERM application despite the warnings and hope it doesnt get denied right away. (Risky - since it may still go to audit and take a loong time to get approved).

Any suggestions would be much appreciated.

Thanks!
PK

PS. I do have around 5 months of vacation time outside US during last 5 years but I was on "L" visa then and not "H".
 
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3 yr degree + multiple PERM mess. Please Advise !!!

number30 said:
Is It 10 + 3 year Diploma? If that is the case then It not counted as degree.
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No its a 10+2+3 (total 15 yrs of edu).
 
get an experienced lawyer

I see messes like this all the time and I suggest that you get a lawyer who is very experienced with the 3 year diploma/degree. There are several good lawyers out there who know how to handled these matters extremely well. Many people call me and say that their employer is paying for the lawyer so they can't use a different lawyer. I advise people to pay on their own, because in the long run it will a;ways be cheaper to use a lawyer who files properly in the first place. Most of the problems are because their was a filing error in the first place, or they submitted the wrong evaluation in the second place and then, when they are in hot water they call me or post here. My advice is to spend the money and get legal advice from someone who really knows what they are doing.

pathan786 said:
Friends,

I am in a BIG mess. I have a 3 yr degree (3 yr diploma in engineering) + 10 yrs exp.

My H1 is valid till sep 07. I got PERM approved in Aug 2006 but unfortunately my employer did NOT mention "Yes" for "Is an alternate combination of Edu and Exp acceptable" in Section H, col 6b.

I asked my employer to re-start PERM process offering me a different position and with correct "wordings" in New PERM (i.e. "Yes" to Alternate combination of edu and exp etc).

Now when the lawyer is trying to E-file new PERM, he is getting Warnings from the Online System. Recently I came to know that the 1st approved perm needs to be withdrawn before 2nd PERM can be filed by same Employer, as stated below:

"1st Approved PERM and 2nd PERM filing for the same position: Automatically denied.
1st Approved PERM and 2nd PERM filing for the different position: Audit with request for return of the first application or an explanation of why there is a second application being filed and the first application cannot be returned.
"

What are my Options now (considering, if I withdraw existing approved PERM, and re-apply for new PERM then - there is still a chance for denial/audit of new PERM application. Also, I am due for 7th yr H1 extn as my H1 is expiring in Sep 07)

Should I:

1. File I-140 Premium Processing on existing PERM with Sheila's Evaluation (showing 3 yr degree = 4 yr US bachelors). If yes, would I be able to file the new PERM later if this one gets stuck/RFE'ed/denied ?

2. Withdraw existing PERM, E-file new PERM in Jan, hope it doesnt go to Audit and then use new PERM for I-140 ?

3. Go ahead with e-filing new PERM application despite the warnings and hope it doesnt get denied right away. (Risky - since it may still go to audit and take a loong time to get approved).

Any suggestions would be much appreciated.

Thanks!
PK

PS. I do have around 5 months of vacation time outside US during last 5 years but I was on "L" visa then and not "H".
Click to expand...
 
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