3 years degree EB3, 140 at NSC - please advice

Motion to Re-Open

I posted earlier about NSC rejecting my case for EB3 Skilled Labour while they overlooked the details written in Item 14 and 15.
My Motion to Re-open (I290B, Notice of Appeal to the Commissioner) was received by them on October 27th 2006 but there has been no update as of yet. Please help me if any of you had filed an MTR and how long it took for your case to be adjudicated. My original case was filed in premium and I am really concerned right now since I have not heard back for quite sometime. Al my major decisions are on hold until I hear what's happened with the GC. My 6 year are expiring in the mid of March. Thanks...
 
I140 approved!!

My 140 got approved today after 3 rfes..what a relief..
I think if u have B.sc + masters deg(either M.sc/MCA) u have no problem at all even when "only Bachelor's " is mentioned in labor. My case got approved just by showing that Masters deg is equivalent to US masters with just a simple evaluation.
first rfe--A2P
2nd rfe-- edu eval..(had B.sc + MCA)
3rd rfe--exp lr with specific format

So be hopeful guys..Good luck!!
EB3-RIR
PD-Nov/2002
I-140 Details
LIN-xxx
RD :7/17/2006
LUD:8/18/06

PP upgrade: 10/28/2006
RFE:10/31/2006
RFE Response:1/10/2007
LUD: 1/11, 1/12
Approval: 1/16/2007
 
jayking said:
My 140 got approved today after 3 rfes..what a relief..
I think if u have B.sc + masters deg(either M.sc/MCA) u have no problem at all even when "only Bachelor's " is mentioned in labor. My case got approved just by showing that Masters deg is equivalent to US masters with just a simple evaluation.
first rfe--A2P
2nd rfe-- edu eval..(had B.sc + MCA)
3rd rfe--exp lr with specific format

So be hopeful guys..Good luck!!
EB3-RIR
PD-Nov/2002
I-140 Details
LIN-xxx
RD :7/17/2006
LUD:8/18/06

PP upgrade: 10/28/2006
RFE:10/31/2006
RFE Response:1/10/2007
LUD: 1/11, 1/12
Approval: 1/16/2007
Click to expand...

Can you tell us your service center?
 
jayking said:
My 140 got approved today after 3 rfes..what a relief..
I think if u have B.sc + masters deg(either M.sc/MCA) u have no problem at all even when "only Bachelor's " is mentioned in labor. My case got approved just by showing that Masters deg is equivalent to US masters with just a simple evaluation.
first rfe--A2P
2nd rfe-- edu eval..(had B.sc + MCA)
3rd rfe--exp lr with specific format

So be hopeful guys..Good luck!!
EB3-RIR
PD-Nov/2002
I-140 Details
LIN-xxx
RD :7/17/2006
LUD:8/18/06

PP upgrade: 10/28/2006
RFE:10/31/2006
RFE Response:1/10/2007
LUD: 1/11, 1/12
Approval: 1/16/2007
Click to expand...
guys my I140 is still pending and it was filed 5/5/06.

The weird thing is that - it had NO LUD change at all since it was filed excpet the 7/22 (which was some computer automated one)

how many more folks are sitting pending state who filed before 5/5/06....is that normal

?
 
Amending 140

UN, others,
Both my 140's are approved and I want to amend and claim my old PD (EB2)onto my current approved EB3 140. I checked my Labor and noticed that in column 14 for education it mentioned Bachelors and column 15 is blank. (This labor is before PERM). I am a 3 year B.Com and 2 Year MBA from India. Both my 140's were approved by Vermont service center when they were dealing with 140's. My exp. is more than 5 years in US.

Now if I want to claim my old PD do you see any problem with my education credentials as it might go to NSC? Do you think I can qualify for EB2 now ofcourse with new LC?

Thanks in advance.
 
jkris999 said:
Hi,

I need some advice on how to proceed...

may be United Nations has some insight.

I had used a previously approved labor to file my I-140 and I-485 since my own labor is stuck somewhere in the backlog centers.

Last week I recieved a RFE for my education.
My ed qualification is
3 year B.Com from India and
3 Years Diploma in computers form NIIT

I had taken a ed. eval from Sheila Danzig before filing and she gave me a equivalent of Bachelors in Science in Computer science (combined eval)

The RFE says the following
"1. Please submit an evaluation of the beneficiary's education. The evaluation must be by a reliable credentials evaluation service which specializes in evaluating foreign education credentials or by an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or university which has a program for granting such credit based on an individual's training and/or work experience.

2. The ETA 750 labor certification requires the beneficiary to have a Bachelor's Degree in Computer Science, Electrical, Electronic Engineering or academic equivalent. Please submit."

Since there is academic equivalent in the ETA 750, does that mean I can use combined degrees?

Also why have they asked a ed. eval to be done again as I had submitted one from Sheila while filing the case.

Any advice would be helpful and also which other evalautors I can use to get this eval done.

Thanks
Jkris
Click to expand...

Did you check with your lawyer that the evaluation was attached to your I-140 application ?
 
evaluation

jkris999 said:
Hi,

I need some advice on how to proceed...

may be United Nations has some insight.

I had used a previously approved labor to file my I-140 and I-485 since my own labor is stuck somewhere in the backlog centers.

Last week I recieved a RFE for my education.
My ed qualification is
3 year B.Com from India and
3 Years Diploma in computers form NIIT

I had taken a ed. eval from Sheila Danzig before filing and she gave me a equivalent of Bachelors in Science in Computer science (combined eval)

The RFE says the following
"1. Please submit an evaluation of the beneficiary's education. The evaluation must be by a reliable credentials evaluation service which specializes in evaluating foreign education credentials or by an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or university which has a program for granting such credit based on an individual's training and/or work experience.

2. The ETA 750 labor certification requires the beneficiary to have a Bachelor's Degree in Computer Science, Electrical, Electronic Engineering or academic equivalent. Please submit."

Since there is academic equivalent in the ETA 750, does that mean I can use combined degrees?

Also why have they asked a ed. eval to be done again as I had submitted one from Sheila while filing the case.

Any advice would be helpful and also which other evalautors I can use to get this eval done.

Thanks
Jkris
Click to expand...

I do not know your actual name so I cannot help you here. However, if you ordered an evlauation as a combination without telling us it was for the i140 and that your labor did not state combination accepted, then you will get a combination evaluation.
If you need our evaluation redone there is no charge if the mistake was ours, and a full credit toward a new different evaluation if the problem was that you did not inform us what you were using the evaluation for.
Email me and I will do my bet to help you.
 
Yes riz_arsh, it was attached along with the application. and my lawyer says that since academic equivalent is mentioned in the labor, we can use all the anything related to what academically I have done, but not combine degree and experience to come up with BS equivalency.

Is the interpretation correct?

Thanks for you reply

JKris

riz_arsh said:
Did you check with your lawyer that the evaluation was attached to your I-140 application ?
Click to expand...
 
I-140 got approved after MTR

Hi All,

On Jan, 8, my lawyer filed the MTR and appeal for my case. Even though I suggested my lawyer to do additional education evaluation.. she decided not to go that route. In the appeal she basically emphasized on details in column 15 in labor -
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D).

In addition, she also requested them to consider the skilled labor option.

On Jan 23, NSC approved my I-140. I got an approval notice on 02/01 in mail
I am not sure which of the above argument convinced them. Approval says I-140 approved in EB3 category.

I will like to thank all the people on the forum for their comments. I will also like to thank Sheila Danzing for her advice. She always returned my calls and replied to me email. Even though I wanted to do another education evaluation she suggested me not to spend $$ unless my lawyer is in agreement.

Thank you everyone.

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...
 
EB3/3 year degree

scho69 said:
Hi All,

On Jan, 8, my lawyer filed the MTR and appeal for my case. Even though I suggested my lawyer to do additional education evaluation.. she decided not to go that route. In the appeal she basically emphasized on details in column 15 in labor -
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D).

In addition, she also requested them to consider the skilled labor option.

On Jan 23, NSC approved my I-140. I got an approval notice on 02/01 in mail
I am not sure which of the above argument convinced them. Approval says I-140 approved in EB3 category.

I will like to thank all the people on the forum for their comments. I will also like to thank Sheila Danzing for her advice. She always returned my calls and replied to me email. Even though I wanted to do another education evaluation she suggested me not to spend $$ unless my lawyer is in agreement.

Thank you everyone.
Click to expand...

It was not so much that the lawyer did not want the evalaution. It was more that I felt that because the labor clearly stated:
* Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR & 214.2(h)(4)(iii)(D), a good legal brief, not a new evaluation, was needed.
When the labor certificate is properly filled out for EB3 skilled worker, it should work out favorably when the I140 is filed.
I also recommended a consultation with an attorney very familiar with the 3 year degree and I140, who I believe was very helpful in this case.

Proper filing of the ad and the labor certificate in the first place avoids problems later on.

This would not have worked for EB2.
 
Last edited by a moderator:
TSC update

stillwaiiting said:
3 year degree people try to file @ TSC and I-140 will be approved. No questions asked.
Click to expand...

This week alone I was told of a denial and a notice of intent to deny from TSC. Looks like they are asking questions.
 
NO Equivalent in requirement mentioned?

What if LC requirement is mentioned simply as Master's Degree and nothing mentioned whether a foreign equivalent will be accepted or not what are the chances for I-140 at NSC, when Degree is from INDIA, Denial without giving much thought or chances of approval at NSC.

Here are my case details: Its a LC substitution case at NSC.

I have Masters Degree in EE from INDIA which is evaluated as equivalent to 2 years U.S. Masters Degree, however requirements on LC is EXACTLY as follows (NOTE THAT NOTHING IS MENTIONED IF A FOREIGN EQUIVALENT DEGREE IS ACCEPTABLE OR NOT):

14. Education: Master's Degree
Field of Study: CS, Math, EE, CE, Telecommunication Engg.

15. Special Requirements:
None Specified.
Employer will accept a Bachelor's degree in any one of the listed disciplines and five years of progressively more responsible experience in lieu of Master's plus two years experience

fyi: ONE user mentioned in 485 forum that his case was approved without any issue, he has Masters from INDIA and his LC requires simply Masters Degree (nothing else is mentioned)
 
I140 Approved, But in trouble

Please see below.


i140 approved with PP from nebraska , courtesy copy received,
approved under eb3 .
Notice Date : 01/22/2007

Dates not current , so 485 not possible at this time

I am so thankful for UN, and Others.
But I have a question?

Company was bought by another Big Corp. on 01/31/2007 ( acquisition of the assets completed on January 31, 2007)
my next pay check will be with Big corp name .The old comapny name will be there for another year just to keep the clients.

what will happen to my 7/8th year h1B and i140 , ( h1Bi140 got approved with old company)


OLD Attorney told just a successorr-in-interest is enough to apply 485

mmillo



--------------------------------------------
mmillo said:
labor Requires
In column 14 - Bachelor degree
Major field of study- Comp science
Experience -2yrs
Column 15 - Empty

B.Sc C.S (3) + M.Sc (2) C.S


I have a evaulation done already , Like the following.

1. Diploma from Madurai Kamaraj University, Faculty of Science in Palkalainagar, India certifying that XXXXXXXX passed the Examination held in April of 1993 in the Second Class and was awarded the Degree of Bachelor of Science in Computer. This document was dated November 3, 1993, was signed by the Registrar-in-charge and the Vice- Chancellor and is equivalent to three years of university-level credit from a regionally accredited college or university in the United States. The Statement Marks listing the subjects examined (by code), including the marks for each, was also submitted. Entrance into the Bachelor of Science program requires the equivalent of graduation from high school in the United States.

2. Diploma from Bharathidasan University, Faculty of Science in Tiruchirappalli, India certifying that XXXXXXX passed the Examination held in April of 1995 in the Second Class and was awarded the Degree of Master of Science in Computer Science. This document was dated October 26, 1995, was signed by the Registrar and the Vice- Chancellor and is equivalent to a master’s degree in computer science from a regionally accredited college or university in the United States. The Consolidated Statement of Marks listing the subjects examined, including the marks for each, was also submitted.

3. In summary, it is the judgment of the XXXX that XXXXXXX. has the equivalent of a masters degree in computer science from a regionally accredited college or university in the United States.


Will this work for EB3 or do i need another one

mmillo
Click to expand...
 
your attorney is absolutly correct, just a successorr-in-interest is enough to apply 485, same thing happen to me while LC was pending and again now while I-140 is pending.

mmillo said:
Please see below.


i140 approved with PP from nebraska , courtesy copy received,
approved under eb3 .
Notice Date : 01/22/2007

Dates not current , so 485 not possible at this time

I am so thankful for UN, and Others.
But I have a question?

Company was bought by another Big Corp. on 01/31/2007 ( acquisition of the assets completed on January 31, 2007)
my next pay check will be with Big corp name .The old comapny name will be there for another year just to keep the clients.

what will happen to my 7/8th year h1B and i140 , ( h1Bi140 got approved with old company)


OLD Attorney told just a successorr-in-interest is enough to apply 485

mmillo



--------------------------------------------
Click to expand...
 
kgp said:
your attorney is absolutly correct, just a successorr-in-interest is enough to apply 485, same thing happen to me while LC was pending and again now while I-140 is pending.
Click to expand...


Just to add further Successor in interest is the amending the I-140. It is like redoing your I-140.
 
Could you please expalin

You mean i have to apply the 1140 again with the new company name?


tammy2 said:
Just to add further Successor in interest is the amending the I-140. It is like redoing your I-140.
Click to expand...
 
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