No he cannot continue He has to file an amendment to I-140. Or else in the next stage he has to take AC-21 route.kgp said:No you are fine and can continue to next stage.
Also make sure that H1 gets amended.
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No he cannot continue He has to file an amendment to I-140. Or else in the next stage he has to take AC-21 route.kgp said:No you are fine and can continue to next stage.
kgp said:Finally RFE is received in Attorney office: in the RFE NSC requested a copy of my Foreign Bachelors Degree.
My LC requires Masters Degree in Engineering + 2 year experience and I-140 (Premium Processing) was filled based on that I meet the requirement by having a Masters Degree in Engineering equivalent to a US Masters Degree Plus 2 years experience.
Any suggestion why NSC issued RFE and asked copy of Bachelors Degree while I-140 was filled based on Masters Degree requirem
Sheila R Danzig said:This is just a guess .... I have noted before that SOMETIMES (I have only seen this two or three times) NSC will deny an i140 that requires a Masters degree if the underlying bachelor's degree is a 3 year degree. I saw one denial claiming that since the candidate was admitted with a 3 year degree, then the masters is not equivalent to a US masters. This defies logic since there are many US Masters that accept the 3 year Indian degree. And many masters programs admit people without completed bachelor's degrees.
I certainly could be wrong and you will (as always) have to wait and see.
-Sheila
Sheila R Danzig Thanks for your input.
Let me give more detail, please advise what you think now:
As I mentioned before my LC requires a Masters Degree and my Bachelor's degree is a 3 year
However I suggested to send the above mentioned explaination plus provide copy of Masters Degree and copy of 3 years BS degree plus send copy of 2 years Diploma.
KGP
Sheila R Danzig Thanks for your input.
Let me give more detail, please advise what you think now:
As I mentioned before my LC requires a Masters Degree and my Bachelor's degree is a 3 year degree plus I have a 2 years PG Diploma in Engineering from one of the best Institute in India, which is well known and well regognized internationally. So what are your Thought when I have 3 yr BS + 2 Yr Diploma, AND requirement is a Masters Degree do you think in this situation NSC will recognize that masters is equivalent to a US masters, As admission to Masters was granted based on 3 years BS + 2 YEARS Diploma and not just based on 3 YEAR BS/
fyi: my attorney suggested that if we simply provide copy of Bachelors Degree NSC may deny case, so they are suggesting not to send copy of 3 year BS but to argue with NSC that NSC does not need copy of 3 year degree as Requirement is Masters Degree and Beneficiary meets Masters Degree requirement by virtue of his Indian Masters Degree in Engineering which is equivalent to a US Masters Degree.
However I suggested to send the above mentioned explaination plus provide copy of Masters Degree and copy of 3 years BS degree plus send copy of 2 years Diploma.
KGP
Your LC should have something like this:
For Bachelor Degree combination of degrees is allowed, as long as person has Master Degree equivalent to US Masters Degree.
Friends
My Labor is pending at PBEC . I want to amend Coulmn 14 & Column 15 of Labor Certification ETA 750.
My Attroney does not know ABC of this Problem he keeps saying that You wont be heaving any problem . But after reading this froum I know I will be heaving big problem since I do not have any single source four year degree and My ETA 750 Colum 14 says Beachelor and Column 15 is blank while I have BCOM+ MCOM(2+2 YEARS of two degree)
My employer is willing to amend my LC application ETA 750 .
what if my attroney or employer write a letter to PBEC asking them to amend ETA 750 as follows
Column 14: Bachelor or Equivalent
Column 15: Equivalency can be derived any combination of education training & experience. Employer will accept any combination of education training & experience. as equivalent to a Bachelor’s degree.
Can any body tell me the format of the letter to amend Column 14 & Column 15 Of ETA 750 so that I can show that to my idiot attroney .
Friends please help if you know anything in this matter
Thanks
My LC details are as follows:
ETA 750 Column 14: Masters Degree in Electrical Engineering + Two years Experience
No of Years of College education: 5+ years
Column 15: None Specified.
My Education:
1) Masters Of Technology in Electrical Engineering from IIT + 2+ years experience
2) 2 YEARS PG Diploma in in Electrical Engineering from IIT
3) 3 YEARS B.SC.
Friends
My Labor is pending at PBEC . I want to amend Coulmn 14 & Column 15 of Labor Certification ETA 750.
My Attroney does not know ABC of this Problem he keeps saying that You wont be heaving any problem . But after reading this froum I know I will be heaving big problem since I do not have any single source four year degree and My ETA 750 Colum 14 says Beachelor and Column 15 is blank while I have BCOM+ MCOM(2+2 YEARS of two degree)
My employer is willing to amend my LC application ETA 750 .
what if my attroney or employer write a letter to PBEC asking them to amend ETA 750 as follows
Column 14: Bachelor or Equivalent
Column 15: Equivalency can be derived any combination of education training & experience. Employer will accept any combination of education training & experience. as equivalent to a Bachelor’s degree.
Can any body tell me the format of the letter to amend Column 14 & Column 15 Of ETA 750 so that I can show that to my idiot attroney .
Friends please help if you know anything in this matter
Thanks
Finally RFE is received in Attorney office: in the RFE NSC requested a copy of my Foreign Bachelors Degree.
My LC requires Masters Degree in Engineering + 2 year experience and I-140 (Premium Processing) was filled based on that I meet the requirement by having a Masters Degree in Engineering equivalent to a US Masters Degree Plus 2 years experience.
Any suggestion why NSC issued RFE and asked copy of Bachelors Degree while I-140 was filled based on Masters Degree requirem
I think your lawyer is correct. You don't have to worry about it. If you have masters degree with 3 years bachelor degree, NSC will automatically treat your masters degree equivalent to US Bachelor degree. There is no problem in your case, you don't have to amend your labour. I had similar experience got my I140 under Eb3 approved in 3 days under regular process. IF you have only 3 year degree without masters then there is problem.
--Your attorney made a strong case. When the job requirement is MS degree, there is no point asking whether you "combined" degrees to get there or you used a "singular source" 4-year bachelor's degree. There are many channels through which a person may qualify for higher education.
When a job requires Ph.d , a person with Ph.d would qualify for the job. Period. It is upto the university to decide whether a candidate should be considered qualified to do Ph.d. If they already allowed the person into the course, there is no point in NSC going gaga over what all he did before getting into Ph.d.
The job requirement bar was set at Post Graduate level. You qualify for it. Why should NSC bother how you got there? Very unfortunate. IIT is world famous institution. I dont understand what world NSC lives in...
Asking for a copy of bachelor's degree is NSC's way of setting you up for a denial. Ask your attorney to write a letter that clarifies the issue more clearly. I doubt they understand the issue. You need tonnes of luck.
Good luck.
I had similar situation I applied in EB2 where LC requires Masters degree, my I140 denied at NSC saying that since I have 3 year degree my Masters is not equivalent to US masters, but NSC treating my Masters is equivalent to US bachelors and so expecting 5 years progressive experience after my Masters.
Thanks Anil & radhagd
I discussed same thing with my lawyer and they agree and preparing response, other point is that I don't have just 3 years degree and then M.Sc, in situation like that its reasonable that Masters is not equivalent to US masters as admission to MS was based on a 3 years degree. but I have 3 years BS + 2 year PG Diploma in Engineering (this diploma is equivalent to M.Sc in India certificate provided by IIT along with completion certificate), and then M.Tech, So as radhagd mentioned BS+2 year diploma/M.Sc can be considered as BS then I have M.Tech plus 6 years of experience before my PD.
I told my lawyer that the institute (IITs) from where I did my masters is ranked number three in the world ranking for technology universities in 2006 / 2005 and number 4 in 2004 and all US universities but two failed to make it above my institute. They will send copy of the rating to NSC and explaining that Masters Degree of most US university is not that good as this institute so Admission standard are also higher than any US institute rated below this institute.
Kgp.
I have master from pakistan not from u s a . Master from pakistan is equal to bachelor degree from u s a . My Lawyer has mentioned that Bachelor degree in ETA 750 dont you think that I must have bachelor degree for four years from single source whereas right now if I Combine two degree BCOM+ MCOM then it becomes equal to USA bachelor . My attroney has not mentioned in Column 15 that The employer will accept combination of education equivalent to bachelor
Guys please help should I go for amendment or I am fine once again my education is as follows
12 years High School
2 years B.com
2 yaers M.com
Total education 14 years equlvalent to u s a bachelor
& in MY ETA 750 Colum 14 says bachelor
Column 15 is blank
Plaese help If you know the answar .