Thank you Sheila. You are helping lot of people like me in this forums. I actually requested porting priority date from EB3 to EB2 which is oct 2002, so now I am in the process of filing I485.
3 years degree EB3, 140 at NSC - please advice
- Thread starter ashasree
- Start date
Thank you Sheila. You are helping lot of people like me in this forums. I actually requested porting priority date from EB3 to EB2 which is oct 2002, so now I am in the process of filing I485.
Thank you neerajkhan. Here is the detailed description of my cases.
My Qualifications and experience
B.Com( 3years)
M.com( 2year),
PG Diploma in computer Applications( 1year)
9 years experience.
First Case: EB3
Company A:
Labour Requirement :Bachelor + 2 years experience. There is no mention about Combination allowed.
Labour PD date: OCt 2002, Approved in Aug 2005.
I140 RD date : Sep 27th 2005, Approved date Sep 30th 2005( approved in 3 days) from Texas Service Center. Got 3 year H1B extention based on approved I140, valid until Dec 2008. Currently I am working with this Company.
Second Case:
Company B: EB2
Labour filed in Perm PD date Nov 2006.
Requirement : MS+0 or BS+5 as alternative requirment,
Major Field :Business Administration
Labour Approved in 5 days.
Filed I140 on Dec 26th 2006 under Premium processing. This went to NSC.
Submitted Education evalution from TrustFort Corporation. Evaluation just says my Bachelors is equivalent to US Bachelors and My masters is equivalent to US Masters and major field of study is Business Administration
Denied on Jan 4th 2007.
I got 9 years 9 months experience as of Nov 2006(EB2 PD date). I have 4 experiance letters ,My lawyer missed one experiance letter(which has 5 years on it) and submitted only 3 of them which has 4 years 9 months experiance on them. We also requested recapturing priority date from EB3(oct 2002) to EB2.
Reason For Denial:
1) "The transcripts included with the submitted documents establish <my name> Bachelor's Degree in Commerce is not equivalent to US Bachelor Degree. Further her Master's Degree of Commerce is not equivalent to US Masters Degree becuase <my name> did not possess the equivalent of a US Bachelor's Degree when she began her Master' Degree. The evidence submittede establishes <my name> combination of Degrees equates to US Bachelors Degree not the Master Degree. The Service recognized <my name> holds the equivalent of US Bachelors Degree, So Petitioner must establish the beneficiary obtained 5 years progressive experiance. The evidence submitted towards experiance shows only 4 years 9 months, three months short of meeting the requirment listed on the ETA 9089. "
2) "The corresponding ETA 9089 requires the prospective employee to possess Master of Business Administration. <my name> foreign Master Degree is not a Master's of Business Administration.Her Degree of Commerce is not in the major field of study as required by the ETA 9089."
3) "Since the petitioner wants to recapture a priority date of OCtober 24,2002.From the evidence submitted it appears the priority date of oct 2002 can be used for the current form I-140, becuase the petitioner will be able to use oct 24 2002 as the priority date, the peritioner must establish that it had ability to pay starting from oct 2002 and continuing. Petitioner submitted 2004,2005. petitioner failed to show ability to pay from requesting priority date oct 2002. In view of the above the petition is denied."
Filed I290B on Feb 2nd.
My lawyer submitted all the experiance letters which showed total experiance of 9 years 9 months. and also One letter from Trustforte Corporation explaning how Master of Commerce is similar to Business Administration. Compared my M.com course work with 5 major universities like Harward,Stanford,University of Pennsylvania, Northwestern university courses offered for Business Administration.Lawyer also explained how recapturing priority date has nothing to do with I140 ability to pay and company is only responsible from established priority date which is Nov 2006.
There was LUD change on I140,I290B on Feb 21st 2007 but there is no change in status. On Feb 23rd 2007 there was another LUD change only on I140 with status "Approval notice was sent".
Now I can file I485 ,Since my date is current in EB2 which is recaptured from EB3 (oct 2002.)
NeerajKhan,. In our case, if your labour has alternative requirement as BS + 5 , I am pretty sure you can succeed in I140 stage. If not you have to proove that your Masters is equivalent to US Masters. For this Sheila is right person to contact. I contacted her when I got Denial. Even though I have not used her service, she responded immediately and gave me lot of support. Good luck to everyone in this forum.
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neerajkhan
Registered Users (C)
Thanks radhagd for the detailed reply...I am really glad that you can file I-485 too. I will absolutely contact Sheila should that need arise. I know she is a great and an very helpful person.
Hi Gurus,
Please advise;
The labor got approved from BEC for EB3. The education details of the labor are as below;
Line-14:
College - 4yrs
College Degree Required - Bachelors*
Major Field of Study - Comp Sc Eng, or related
Total Exp - 1yr
Line-15
*Will accept equivalent foriegn degree.
I have 3 yrs BSc degree in Comp Sc, with 3 yrs GNIIT, couple of certifications from Oracle & Cisco. Please advise how do I do my education evaluation, will be like proving my combination degrees as foriegn equivalent or just my 3yrs Degree as foriegn equivalent.
Thanks in advance!
Please advise;
The labor got approved from BEC for EB3. The education details of the labor are as below;
Line-14:
College - 4yrs
College Degree Required - Bachelors*
Major Field of Study - Comp Sc Eng, or related
Total Exp - 1yr
Line-15
*Will accept equivalent foriegn degree.
I have 3 yrs BSc degree in Comp Sc, with 3 yrs GNIIT, couple of certifications from Oracle & Cisco. Please advise how do I do my education evaluation, will be like proving my combination degrees as foriegn equivalent or just my 3yrs Degree as foriegn equivalent.
Thanks in advance!
Go to https://egov.immigration.gov/cris/jsps/selectusertype.jsp and register as customer and follow instructions to add your I140 receipt number and I290 receipt number. Everyday login and check the status,LUD on both the cases.
LaborCleared
Registered Users (C)
Lawyer details
Hi Radhagd,
Congratulations. Can you please give me your lawyer details so that I can also process my case thru him/her. I am in exaxt same situation as you are. If you dont want to give out details in this forum you can send me PM.
Thanks in advance.
Hi Radhagd,
Congratulations. Can you please give me your lawyer details so that I can also process my case thru him/her. I am in exaxt same situation as you are. If you dont want to give out details in this forum you can send me PM.
Thanks in advance.
Hi Guys,
My case is with AAO because of my 3 yr deg. I have another case with the DBEC. My Q is in regards to that...
*************
Could anyone pls let me know if we could request educational amendments while responding to the 45 day letter?
We did that almost 1 yr back but have not heard anything back from them. the online status says: in process for a long time. My attorney is very reluctant to call them to verify if they received the amendments.
please suggest something...
Thanks.
My case is with AAO because of my 3 yr deg. I have another case with the DBEC. My Q is in regards to that...
*************
Could anyone pls let me know if we could request educational amendments while responding to the 45 day letter?
We did that almost 1 yr back but have not heard anything back from them. the online status says: in process for a long time. My attorney is very reluctant to call them to verify if they received the amendments.
please suggest something...
Thanks.
neerajkhan
Registered Users (C)
I ALSO HAVE LLB (3YEARS) and i was admitted in that course based upon my 3 years of Bcom BESIDES THE FOLLOWING:
Mcom 2 years,
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).
CAN MY LLB 3 YEARS HELP ME FOR MY EB2. GURU'S PLEASE ADVICE.
thanks and regards,
Neeraj.
neerajkhan
Registered Users (C)
I ALSO HAVE LLB (3YEARS) and i was admitted in that course based upon my 3 years of Bcom BESIDES THE FOLLOWING:
Mcom 2 years,
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).
CAN MY LLB 3 YEARS HELP ME FOR MYI-140 filed under EB2 catagory?
GURU'S PLEASE ADVICE.
thanks and regards,
Neeraj.
Bunny01,
I was in a similar situation. But BEC did not respond to our request to amend the labor application. We sent this request with 45-day letter. After waiting for few weeks, our attorney called BEC (many times) and got the labor application amended finally.
Try your best to get your attorney to call BEC.
If nothing worked, try to file your I-140 online. It goes to Texas Service Center (It may change in the future). Difference between TSC and NSC is approval and denial w.r.t 3-year degree I-140 cases that are not properly worded in the labor.
Good luck.
From http://www.immigration-law.com/
Matthew Oh, Attorney at Law
03/17/2007: I-140 Processing Standards of Nebraka Service Center
• AILA has summarized the NSC policies on I-140 processing based on its meetings and Q&As with the NSC as tips and updates for I-140 practice guidance. Readers are reminded and warned that the following summary is neither binding as a law or rule and is not even a memorandum. It just represents the NSC's current "practice" which can vary or change in the specific cases depending on the individual-specific facts or change any time. Readers should seek legal counsel on their specific situations.
o Bachelor's Degree Equivalency involving 3-Year Post-Secondary Foreign Degree:
Issue of Completion of Four-Year Degree Equivalent Credits in Three Years: Despite its general policy not recognizing a foreign three-year degree as equivalent to a U.S. bachelor's degree, NSC is also examining the specific educational sequence and content of individual cases and if they find such addtional credits would make it equivalent to a U.S. bachelor's degree, they would recognize such equivalency. The catching words are "sequence" and "content." Accordingly, even if one earned enough additional credits that are normally required in a U.S. bachelor's degree, they can refuse to accept the equivalency if the sequence and content of additional courses or credits fail to meet their standards. Accordingly, they will not only consider the quantity of the credits and programs but also quality of the credits and programs. It thus appears that evalution of the specific courses and credits based on these standards by academic institutions may have a better chance to obtain approval than other evaluation reports that only count the number of credits. [Caveat]: Despite the exceptional rule, I-140 will be still denied if the labor certification application specifically required "4-year" in college for a bachelor's degree or equivalent. NSC will stick to the specific language in the labor cerification application. Accordingly specifying 4-year education as requirement of a bachelor's degree in the labor certification application may lead to a trap.
Issue of Equivalency of Three-Degree Foreign Degree Plus Two-Year Foreign Post-Graduate Degree: The rule on this issue remains still up in the air. Experiences varied.
o Combination of 4-Year Bachelor's degree in Unrelated Field and Master's Degree in the Field of Specialty: The NSC distinguishes between the graduate degree earned in the U.S. and the same degree earned in a foreign country. If the alien was admitted to and granted a master's degree in the field of specialty by a U.S. graduate school, the NSC will accept the bachelor's degree equivancy in the field of specialty even though three-year foreign degree was earned in a different field. However, the same will not apply in the foreign earned master's degree in that a foreign master's degree in the specialty field will not "automatically" lead to a U.S. bachelor's degree equivance in the specific field of specialty. NSC will evaluate each situation case by case and determine this issue. Probably they may apply the same rule of reviewing sequence and conent for the purposes. Accordingly, a careful selection of credential evaluators will be critically important.
o EB-31 (Skilled Worker) vs. EB-32 (Professional) Issue: From the standpoint of EB-3 applicant, it does not matter whether one obtains EB-3 approvals in EB-31 or EB-32 as the visa number falls under the same category. Accordingly, their strategy is to obtain EB-3 I-140 approval, no matter whether in Skilled Worker classification or in Professional classification. In achieving this goal, one should draft the labor certification application carefully considering the following NSC policy: (1) If the petitioner requires I-140 for "professional" when the labor certification and the alien's background supports only Skilled Worker classification, NSC will still approve such I-140 not as a "Professional" classification but "Skilled Worker" EB-3. In this case, the alien's goal is achieved. (2) On the other hand, if the labor certification application required a professional backgound and the alien fails to meet the professional background, NSC will refuse to approve it as Skilled Worker classfication and deny such I-140 petition on the ground that the labor certification requirements cannot be downgraded to accomodate the beneficiary's qualifications. It is thus critically important that in presenting the I-140 petition, petitioner may require professional or skilled worker classification such that should one fail to meet one of the two classifications, one's EB-3 petition can still be approved.
o Availability of Multiple Petitions (EB-2 and EB-3) Using Single EB-2 Labor Certification Application: This strategy is particularly valuable when one's EB-2 I-140 can be potentially deniable but EB-3 I-140 petition is approvable in either professional classification (EB-32) or skilled worker classfification (EB-31). Additionally, one never knows whether EB-2 retrogression will become worse than EB-3 retrogression for a specific country.
• We hope to learn the position of TSC for the identical issues
Matthew Oh, Attorney at Law
03/17/2007: I-140 Processing Standards of Nebraka Service Center
• AILA has summarized the NSC policies on I-140 processing based on its meetings and Q&As with the NSC as tips and updates for I-140 practice guidance. Readers are reminded and warned that the following summary is neither binding as a law or rule and is not even a memorandum. It just represents the NSC's current "practice" which can vary or change in the specific cases depending on the individual-specific facts or change any time. Readers should seek legal counsel on their specific situations.
o Bachelor's Degree Equivalency involving 3-Year Post-Secondary Foreign Degree:
Issue of Completion of Four-Year Degree Equivalent Credits in Three Years: Despite its general policy not recognizing a foreign three-year degree as equivalent to a U.S. bachelor's degree, NSC is also examining the specific educational sequence and content of individual cases and if they find such addtional credits would make it equivalent to a U.S. bachelor's degree, they would recognize such equivalency. The catching words are "sequence" and "content." Accordingly, even if one earned enough additional credits that are normally required in a U.S. bachelor's degree, they can refuse to accept the equivalency if the sequence and content of additional courses or credits fail to meet their standards. Accordingly, they will not only consider the quantity of the credits and programs but also quality of the credits and programs. It thus appears that evalution of the specific courses and credits based on these standards by academic institutions may have a better chance to obtain approval than other evaluation reports that only count the number of credits. [Caveat]: Despite the exceptional rule, I-140 will be still denied if the labor certification application specifically required "4-year" in college for a bachelor's degree or equivalent. NSC will stick to the specific language in the labor cerification application. Accordingly specifying 4-year education as requirement of a bachelor's degree in the labor certification application may lead to a trap.
Issue of Equivalency of Three-Degree Foreign Degree Plus Two-Year Foreign Post-Graduate Degree: The rule on this issue remains still up in the air. Experiences varied.
o Combination of 4-Year Bachelor's degree in Unrelated Field and Master's Degree in the Field of Specialty: The NSC distinguishes between the graduate degree earned in the U.S. and the same degree earned in a foreign country. If the alien was admitted to and granted a master's degree in the field of specialty by a U.S. graduate school, the NSC will accept the bachelor's degree equivancy in the field of specialty even though three-year foreign degree was earned in a different field. However, the same will not apply in the foreign earned master's degree in that a foreign master's degree in the specialty field will not "automatically" lead to a U.S. bachelor's degree equivance in the specific field of specialty. NSC will evaluate each situation case by case and determine this issue. Probably they may apply the same rule of reviewing sequence and conent for the purposes. Accordingly, a careful selection of credential evaluators will be critically important.
o EB-31 (Skilled Worker) vs. EB-32 (Professional) Issue: From the standpoint of EB-3 applicant, it does not matter whether one obtains EB-3 approvals in EB-31 or EB-32 as the visa number falls under the same category. Accordingly, their strategy is to obtain EB-3 I-140 approval, no matter whether in Skilled Worker classification or in Professional classification. In achieving this goal, one should draft the labor certification application carefully considering the following NSC policy: (1) If the petitioner requires I-140 for "professional" when the labor certification and the alien's background supports only Skilled Worker classification, NSC will still approve such I-140 not as a "Professional" classification but "Skilled Worker" EB-3. In this case, the alien's goal is achieved. (2) On the other hand, if the labor certification application required a professional backgound and the alien fails to meet the professional background, NSC will refuse to approve it as Skilled Worker classfication and deny such I-140 petition on the ground that the labor certification requirements cannot be downgraded to accomodate the beneficiary's qualifications. It is thus critically important that in presenting the I-140 petition, petitioner may require professional or skilled worker classification such that should one fail to meet one of the two classifications, one's EB-3 petition can still be approved.
o Availability of Multiple Petitions (EB-2 and EB-3) Using Single EB-2 Labor Certification Application: This strategy is particularly valuable when one's EB-2 I-140 can be potentially deniable but EB-3 I-140 petition is approvable in either professional classification (EB-32) or skilled worker classfification (EB-31). Additionally, one never knows whether EB-2 retrogression will become worse than EB-3 retrogression for a specific country.
• We hope to learn the position of TSC for the identical issues
DBEC Labor cleared Going to file new I-140
Here are my details,
I received the approval letter from Dallas Backlog reduction center for my RIR application that was filed in month of Nov 2004. This time lawer put the education requiremrnt as follows.
8 + 4 + 4
Bachelors degree, Employer is willing to accept combination of education / experience in liue of degree.
Also he mentioned any combination of degree and experince is acceptable.
I have my previous I-140 pending at AAO from Jan 2006 (3 year BSc degree.) I am in India right now and my employer wants to file I-140 using this new Labor application.
I don't see any hope in my old or new case getting approved because its going to come back to the same issue of 3 years degree.
Anyone have any insight or recommendation on this? I am asking my employer not to file new I-140 case and waste money and time . Because so far my employer has spent more than 20k on my immigration cases...
Thanks
Here are my details,
I received the approval letter from Dallas Backlog reduction center for my RIR application that was filed in month of Nov 2004. This time lawer put the education requiremrnt as follows.
8 + 4 + 4
Bachelors degree, Employer is willing to accept combination of education / experience in liue of degree.
Also he mentioned any combination of degree and experince is acceptable.
I have my previous I-140 pending at AAO from Jan 2006 (3 year BSc degree.) I am in India right now and my employer wants to file I-140 using this new Labor application.
I don't see any hope in my old or new case getting approved because its going to come back to the same issue of 3 years degree.
Anyone have any insight or recommendation on this? I am asking my employer not to file new I-140 case and waste money and time . Because so far my employer has spent more than 20k on my immigration cases...
Thanks
Hi Guys,
I very am new to this thread.
I just got the labor certified from Philly EB2 with PD June 2002. From my labor certification Required Degree is Masters Degree and the field is 'Science or Engineering'. I have a bachelor degree in Mathematics (B.sc-3 years) and a Masters Degree in computer Applications (MCA-3 Years). What are the chances I will get an RFE/Denial?
Thanks in advance.
I very am new to this thread.
I just got the labor certified from Philly EB2 with PD June 2002. From my labor certification Required Degree is Masters Degree and the field is 'Science or Engineering'. I have a bachelor degree in Mathematics (B.sc-3 years) and a Masters Degree in computer Applications (MCA-3 Years). What are the chances I will get an RFE/Denial?
Thanks in advance.
st4rguitar
Registered Users (C)
RE: 3 yr bach 3 yr mast
Kmg,
We've had literally hundreds of these cases go through all the service centers with no issues (knock on wood.) The 3 yr Bachelor and 3 year Master is considered equivalent to a US Master's Degree (which is comprised of a 4 year bachelor and a 2 year Master = 6 yrs - same as 3yr Bach/3 yr Mast = 6). You are allowed to combine degrees for the master's requirement, but not for the bachelor's requirement.
If an RFE does come, they will probably just want an educational evaluation. You can get one from the educational evaluation services (recommend Park or Trustforte) that will probably run you about $80.
Rest easy -- you should be fine as long as your degrees are from accredited universities!
Kmg,
We've had literally hundreds of these cases go through all the service centers with no issues (knock on wood.) The 3 yr Bachelor and 3 year Master is considered equivalent to a US Master's Degree (which is comprised of a 4 year bachelor and a 2 year Master = 6 yrs - same as 3yr Bach/3 yr Mast = 6). You are allowed to combine degrees for the master's requirement, but not for the bachelor's requirement.
If an RFE does come, they will probably just want an educational evaluation. You can get one from the educational evaluation services (recommend Park or Trustforte) that will probably run you about $80.
Rest easy -- you should be fine as long as your degrees are from accredited universities!
st4rguitar
Registered Users (C)
Your chances are NOT good, especially if you have a remotely intelligent officer reviewing your case. You cannot combine degrees to show that you have a Bachelor's degree. 99.9% of the time, these will be RFE'd and/or denied. Whoever filed that case for you should be in deep trouble. I'm a paralegal, and even I can tell you that doesn't fly. We've had ONE case like that which we took over from another firm that we managed to get through, but we would NEVER prepare an EB2 like that -- no way.
Now, I've got no clue what an "LLB" is that you are discussing. If it is a master's degree, and you have a 3-yr bach and 3-yr mast, then you would be OK under EB2.
Good luck.
Now, I've got no clue what an "LLB" is that you are discussing. If it is a master's degree, and you have a 3-yr bach and 3-yr mast, then you would be OK under EB2.
Good luck.
neerajkhan
Registered Users (C)
Thanks
Hi st4rguitar
LLB is an "advanced" bachelor's 3 year degree that
requires a 3-year bachelor's degree for admission,
it is known as Bachelor of Law (I was admitted for this
course based upon my BCom degree)....I also have a private message for you..i will appreciate if you will respond to that..
thanks in advance,
Neeraj.
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