3 years degree EB3, 140 at NSC - please advice

[radhagd]

--Radhagd, could you please tell us the service center your got I-140 approved from?

Tanveer, if you are combining degrees to get to US bachelor's equivalency , your LABOR MUST ALLOW FOR IT. That is the only way a case like yours gets approved at NSC. Exceptionally, sometimes luck favors.

You still have time to try and amend your labor. Luckily, it is still pending at BEC. My advice to you would be to get it amended before it is too late.

Good luck.

This is my situation. I have B.com(3 year ) and M.com (2 year) from India.
First case
Company A: EB3 : in MY ETA 750 Colum 14 says bachelor Column 15 is blank. I got my I140 approved in 3 days from TSC without any problem in Sep 2005.

Second Case
Company B: Labour filed in EB2 with Masters+0 experience and BS+5 years experience.Labour approved But my I140 denied from NSC . In the Denial letter it was clearly mentioned that my masters is not equivalent to US Masters since my underlaying Bachelors degree is not equavalent to US Bachelors, but NSC recognized my masters is equavalent to US Bachelors and then expecting 5 years progressive experience from the Masters graduation date. My lawyer did not submitted all my experience letters at the time of filing even though I have enough experience after my masters, hence denied. we filed MTR and submitted all experience letters and waiting for decission from NSC.

According to my experience if any one has 3 year or 2 year Bachelor with 2 year masters , it is automatically treated as Bachelors and there is no need to mention combination in the Labour. But if any one has only 3 year degree with some diploma then the labour should allow combination.

 

[tammy2]

This is my situation. I have B.com(3 year ) and M.com (2 year) from India.
First case
Company A: EB3 : in MY ETA 750 Colum 14 says bachelor Column 15 is blank. I got my I140 approved in 3 days from TSC without any problem in Sep 2005.

Second Case
Company B: Labour filed in EB2 with Masters+0 experience and BS+5 years experience.Labour approved But my I140 denied from NSC . In the Denial letter it was clearly mentioned that my masters is not equivalent to US Masters since my underlaying Bachelors degree is not equavalent to US Bachelors, but NSC recognized my masters is equavalent to US Bachelors and then expecting 5 years progressive experience from the Masters graduation date. My lawyer did not submitted all my experience letters at the time of filing even though I have enough experience after my masters, hence denied. we filed MTR and submitted all experience letters and waiting for decission from NSC.

According to my experience if any one has 3 year or 2 year Bachelor with 2 year masters , it is automatically treated as Bachelors and there is no need to mention combination in the Labour. But if any one has only 3 year degree with some diploma then the labour should allow combination.

TSC does not have problem with combination.
But NSC will only accept the Masters = Bachelors if you Labor allows the combination.

 

[anilt75]

This is my situation. I have B.com(3 year ) and M.com (2 year) from India.
First case
Company A: EB3 : in MY ETA 750 Colum 14 says bachelor Column 15 is blank. I got my I140 approved in 3 days from TSC without any problem in Sep 2005.

Second Case
Company B: Labour filed in EB2 with Masters+0 experience and BS+5 years experience.Labour approved But my I140 denied from NSC . In the Denial letter it was clearly mentioned that my masters is not equivalent to US Masters since my underlaying Bachelors degree is not equavalent to US Bachelors, but NSC recognized my masters is equavalent to US Bachelors and then expecting 5 years progressive experience from the Masters graduation date. My lawyer did not submitted all my experience letters at the time of filing even though I have enough experience after my masters, hence denied. we filed MTR and submitted all experience letters and waiting for decission from NSC.

According to my experience if any one has 3 year or 2 year Bachelor with 2 year masters , it is automatically treated as Bachelors and there is no need to mention combination in the Labour. But if any one has only 3 year degree with some diploma then the labour should allow combination.

--Your first case got approved from TSC. TSC never seems to have problem if combination of eduction or experience is used to show bachelor's equivalency.

Regarding your second case at NSC. If you read RFEs issued by NSC for different cases, you will find that they are very inconsistent in giving the reason for denial. This was brought up in AILA recently. NSC said that they are going to look into the matter.

As of today, I havent heard any policy or consistent implementation which appears to indicate that 2 degrees can be combined for bachelor's equivalency even though labor doesnt mention it. You are concluding that based on what they are saying in your RFE. But that is not a standard practice at Nebraska. There are many on these forums who combined 2 degrees to show bachelor's equivalency. Their labor did not allow for combination and I-140's got denied as a result.

It is always safe to meet the toughest criterion at NSC. Tanveer still has time to amend his labor. There are many cases that got denied when compared to your RFE that seems to suggest that they can consider your 2 degrees as one bachelor's degree. I hope your case gets approved. But it is still pending. No final determination yet.

Should he base his decision on what your RFE says or what people are experiencing?

 

[radhagd]

--Your first case got approved from TSC. TSC never seems to have problem if combination of eduction or experience is used to show bachelor's equivalency.

Regarding your second case at NSC. If you read RFEs issued by NSC for different cases, you will find that they are very inconsistent in giving the reason for denial. This was brought up in AILA recently. NSC said that they are going to look into the matter.

As of today, I havent heard any policy or consistent implementation which appears to indicate that 2 degrees can be combined for bachelor's equivalency even though labor doesnt mention it. You are concluding that based on what they are saying in your RFE. But that is not a standard practice at Nebraska. There are many on these forums who combined 2 degrees to show bachelor's equivalency. Their labor did not allow for combination and I-140's got denied as a result.

It is always safe to meet the toughest criterion at NSC. Tanveer still has time to amend his labor. There are many cases that got denied when compared to your RFE that seems to suggest that they can consider your 2 degrees as one bachelor's degree. I hope your case gets approved. But it is still pending. No final determination yet.

Should he base his decision on what your RFE says or what people are experiencing?

Check this link below where NSC director clearly mentioned that if any one has 12+3+2 , it is considered as Bachelors. and that is what exactly happened in my case.

http://www.greencardapply.com/news/news06/news06_0829.htm

 

[radhagd]

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 .

tanveer666,

check this link
http://www.greencardapply.com/news/news06/news06_0829.htm

"Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission."

The Last line may be applicable to you, to agrue that yours is equivalent
to US Bachelors.

(also see "JayKing" posting in this thread at Page No.50)

 

[neerajkhan]

Please advice

Hi Gurus,
I had 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,
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?
Please advice.

 

[radhagd]

Hi Gurus,
I had 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,
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?
Please advice.

My case is similar to yours, Nebrasaka EB2 I140 denied on Jan 4th 2007. B.com,Mcom and 1 year PG diploma full time and lots of other diplomas with 15years experience and my education evalution is also similar to yours but still denied. read my above postings.

In your case you have 6 years after Masters so they may consider BS+5 option if it is mentioned in your Labour "alternative qualifiers for the position as a Bachelors Degree and 5 years of professional experience"

best of luck

 

[max2005]

advice needed

gurus -please help

labor certified aug 25-2006
i-140 RD 18 sept 2006
no answer as yet -no LUD

labor cert
col 14-education -nothing mentioned(blank)
experience -2 years

i have a bachelors degree from India
and 6 years experience which i have submitted with I-140
what are my chances -I am going crazy as my h1 -6 year expiring in june 07

thanks

 

[tanveer666]

--Radhagd, could you please tell us the service center your got I-140 approved from?

Tanveer, if you are combining degrees to get to US bachelor's equivalency , your LABOR MUST ALLOW FOR IT. That is the only way a case like yours gets approved at NSC. Exceptionally, sometimes luck favors.

You still have time to try and amend your labor. Luckily, it is still pending at BEC. My advice to you would be to get it amended before it is too late.

Good luck.

ANALIT75 I think Radhagd, is correct in the link it has been clearly mentioned

http://www.greencardapply.com/news/news06/news06_0829.htm

Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.

I think I am fine since BCOM is prerequisite for Mcom and both degrees are not at the same level since MCOM is Higher level then BCOM so I dont need to amend my labor
Analit 75 please comment on this I need your opinion . Is there any other website on which the same information has been written so that we can make sure this is the official stand of NSC

 

[Sheila R Danzig]

be careful

ANALIT75 I think Radhagd, is correct in the link it has been clearly mentioned

http://www.greencardapply.com/news/news06/news06_0829.htm

Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.

I think I am fine since BCOM is prerequisite for Mcom and both degrees are not at the same level since MCOM is Higher level then BCOM so I dont need to amend my labor
Analit 75 please comment on this I need your opinion . Is there any other website on which the same information has been written so that we can make sure this is the official stand of NSC

How it is presented and whose desk it lands on often effects the result. I have seen 10+3+2= us bachelor's degree denied based on combining. I have also seen it approved as equivalent to a masters degree.

More interestingly, I have seen it approved for masters equivalency when presented with extensive research. Even quoting NSC's own statement 9per that website) can be ignored. You need a solid evaluation and a strong legal brief along with a bit of luck.

 

[tanveer666]

Your Tel Numbers Are Busy

How it is presented and whose desk it lands on often effects the result. I have seen 10+3+2= us bachelor's degree denied based on combining. I have also seen it approved as equivalent to a masters degree.

More interestingly, I have seen it approved for masters equivalency when presented with extensive research. Even quoting NSC's own statement 9per that website) can be ignored. You need a solid evaluation and a strong legal brief along with a bit of luck.

Sheila I have been trying to reach you but whenever I tried to contact on the folllowings numbers they are busy all the time 1.800.771.4723
Outside USA: 954.384.9541 please let me know how can I reach you

 

[anilt75]

ANALIT75 I think Radhagd, is correct in the link it has been clearly mentioned

http://www.greencardapply.com/news/news06/news06_0829.htm

Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.

I think I am fine since BCOM is prerequisite for Mcom and both degrees are not at the same level since MCOM is Higher level then BCOM so I dont need to amend my labor
Analit 75 please comment on this I need your opinion . Is there any other website on which the same information has been written so that we can make sure this is the official stand of NSC

--My opinion is this. There is a recent memo which spelled out the I-140 adjudicating guidelines to all the service centers. Mind you, this is not a website link by a private party trying to interpret the rules. It was an official USCIS-issued memorandum. What does the memo say? Almost samething as this website link you've posted talks about.

However, adjudicating officers do not use that as a definite measuring stick while making decisions. They have full rights to treat each case differently and apply discretionary judgement.

You have to go by the pattern of 3-year degree cases getting denied even as we speak. When RFE is issued, you cannot show that website link or ask them to refer to USCIS memo and approve your case. Officers are not bound to do that.

Sometimes when we read something with a preconcieved notion, it sounds just the way want to hear.

What does the website say about combination?

"Such background may likely be used to prove a bachelor's degree equivalency."

13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.

Why is that "May be" used? Why not specify in definite terms that "IT IS" equivalent?

All said and done, if the job requirement plays a key role. If your labor process has eliminated US citizens by stating that a 4-year bachelor's degree is a minimum educational requirement and you try to sneak in a combination of multiple degrees, then you better make that clear at labor certification process level itself. So that other US citizens may also have a shot at. That is NSC's stance on the issue.

You better look at scores of cases that are getting denied. Not one exceptional case here or a website link there.

Good luck.

 

[neerajkhan]

My case is similar to yours, Nebrasaka EB2 I140 denied on Jan 4th 2007. B.com,Mcom and 1 year PG diploma full time and lots of other diplomas with 15years experience and my education evalution is also similar to yours but still denied. read my above postings.

In your case you have 6 years after Masters so they may consider BS+5 option if it is mentioned in your Labour "alternative qualifiers for the position as a Bachelors Degree and 5 years of professional experience"

best of luck

thanks Radhagd,

looks there is no hope as Column 14 of certified labor mentions as follows:
M.S. or equiv. degree. Experience for job offered is 1 year.

 

[riz_arsh]

I have a 4 year degree from India which has been evaluated to US Bachelors equivalent followed by 5 years of progressive experience prior to joining my current company.

My approved LC has the following education requirements:
Masters degree or Bachelors+ 5 years progressive in the job offered.

However there is another section (probably column 14) which says MS and 1 which I interpret to mean MS+1 year experience.

Does this imply I need Bachelors+6 years experience to get an equivalent of Masters+1 year experience ?

 

[Sheila R Danzig]

not hopeless

thanks Radhagd,

looks there is no hope as Column 14 of certified labor mentions as follows:
M.S. or equiv. degree. Experience for job offered is 1 year.

It is not hopeless. Much of the time an MS shown equivalent to a US MS is accepted. It depends on whose desk it lands on and the brief your lawyer writes.
I know of one attorney who simply refiled one case that was denied three times - until he got the approval.
It is a matter of finding an attorney who has had good success with your specific kind of case. Don't give up too fast.

 

[radhagd]

from immigration-law.com

08/21/2004: Advisory on "Bachelor's Degree or Equivalent" Proof

Lately, there are a growing number of people who faced a problem because of their misunderstanding of the education requirement in the permanent labor certification application. The victims involve two classes of aliens: One arises in the context of the substitution of the certified labor certification application and the other involves a new filing of the labor certification application.
When the labor certification required a "bachelor's degree or equivalent" in the education part of Item 14 in the ETA 750 Part A, Application for Alien Employment Certification, it means that employer requires a bachelor's degree or equivalent foreign degree. The term "equivalent" in this context does not mean that one can use credential evaluation that determined that the combination of the alien's "education and experience" was equivalent to a bachelor's degree. Unless it is specified such in Item 14, the education requirement must be established by "education only" and cannot consider experience. This has been made clear by the USCIS opinions and AAU decision. Accordingly, if he/she used the employer's certified labor certification for someone else for substitution, he/she must meet the "education" requirement without considering experience, no matter what the foreign credential evaluation said, unless the labor certification application specifically stated that the employer will accept combination of education and experience in lieu of a bachelor's degree. For instance, the Bachelor of Science degree in India is a three-year undergraduate program and short of one year to make it equivalent to a bachelor's degree in the U.S. If he or she took post graduate diploma education one or two years in that specialty, it will make "equivalent to a bachelor's degree." However, it he/she only has a three-year degree and no other education, no matter whether one has 20 years of experience in the specialty, he or she will be determined unqualified for this labor certification job unless the labor certification application specifically stated that the employer would accept the combination of education and experience.
The denial will not be known until I-140 is adjudicated by the USCIS after wasting a tremendous amount of time. The DOL does not deny labor certification application on this issue because the issue of alien's eligibility for the job is the jurisdiction of the USCIS. Before too late, people should review their labor certification application carefully, no matter whether it is a substitution case or a new case, in order not to experience a panicking nightmare months or years after starting the green card journey.

 

[neerajkhan]

It is not hopeless. Much of the time an MS shown equivalent to a US MS is accepted. It depends on whose desk it lands on and the brief your lawyer writes.
I know of one attorney who simply refiled one case that was denied three times - until he got the approval.
It is a matter of finding an attorney who has had good success with your specific kind of case. Don't give up too fast.

thanks Shiela for your comforting words ...anyway i will be starting re-filing perm labor under EB3 as per my attorney Rajiv Khanna ..just in case this one falls flat...it will be sad as I would have lost not only PD March 2003 but even go into the EB3 catagory... :-((

 

[radhagd]

I140 approved after MTR

My I140 was approved yesturday.

My details
I140 denied on Jan 4th 2007
Filed I290 RD Feb 2nd 2007
LUD I140,I290B - 21 Feb 2007 but no message change
I140 Approved Feb 23 2007

 

[Sheila R Danzig]

Great News

My I140 was approved yesturday.

My details
I140 denied on Jan 4th 2007
Filed I290 RD Feb 2nd 2007
LUD I140,I290B - 21 Feb 2007 but no message change
I140 Approved Feb 23 2007

That is wonderful! I am sorry you had to go through so much for no reason - but at least you got where you need to be. GOOD LUCK!!

 

[neerajkhan]

My I140 was approved yesturday.

My details
I140 denied on Jan 4th 2007
Filed I290 RD Feb 2nd 2007
LUD I140,I290B - 21 Feb 2007 but no message change
I140 Approved Feb 23 2007

radhagd my friend FIRST OF ALL A BIG CONGRATS TO YOU !!! Now that we have similar case please guide me as to what you did to get the I-140 approved.

You have been through this so you can understand my anexity.