3 years degree EB3, 140 at NSC - please advice

advice

labor -june 2003-approved aug 06
I140 -reg process -RD 18sept 06- no answer -no LUD-(india)
3 year bcom degree
H1-6 th year ending june 2007

what would be the ideal way to go
upgrade I140 to PP
or file H1 and get 1 year extension -regular or PP
any advice would be appreciated

thanks
 
I always say go for premium if you're in an H-1 crunch. Also, with an approved I-140, you can apply for a 3-year H-1 extension. If you think about it, you're probably saving money doing it this way, because if you file for just the 1 year now, you'll have to file AGAIN after the I-140 is approved (additional funds.)

I'd definitely say upgrade to premium, get the answer w/in 15 days, and then extend the H-1 for 3 years accordingly.

Good luck & best wishes,
~BB (St4rGuitar)
max2005 said:
labor -june 2003-approved aug 06
I140 -reg process -RD 18sept 06- no answer -no LUD-(india)
3 year bcom degree
H1-6 th year ending june 2007

what would be the ideal way to go
upgrade I140 to PP
or file H1 and get 1 year extension -regular or PP
any advice would be appreciated

thanks
Click to expand...
 
Three year Degree RFE

Hi St4guitar,

My lawyer is preparing response to an I-140 RFE query. I need some expert opinion before I take any action. The reviewing officer for I-140 has asked for transcripts for my Masters in the query. Labor was filed under EB-3 .ETA-750 does not mention any equivalency. I do have a Masters, but in Management (MBA Marketing) with some IT and Maths related courses. The ETA-750 has education requirement as Bachelors (4 years) and field of study as Maths, CS, EE or related field. I have done Bsc Maths 3 years. I am not sure wny the Masters transcript is being requested when the labor requires Bachelors. There was no experience requirement in ETA-750 form.
Can you please let me know what the best possible course of action is? I was thinking of only giving the transcript for masters as that is what has been asked. The labor was filed in 2004 and a lot is at stake if I-140 is denied. I am in my seventh year of extension.

Thanks in advance
Swiswit
 
I have had my I-140 denied with PD of June 2002. I have a 3 yrs bachelors and 2 yr Masters from India. I filed MOTR in December 2006 with Sheila's evaluation and a couple other evaluations to show that I have degrees equal to US Masters. I haven't heard back on MOTR so I am assuming that NSC didn't buy it and its probably been send to AAO. I am planning to start a new application under PERM. I want to be extra careful at every step this time. Can gurus please help me to figure out the best way forward?

Is there anyway I can get through EB2? I have 5 yrs+ experience before joining my current job. Can my labor be worded in such a way so that NSC accepts my BS and MS as equivalent to US bACHELORS (e.g. combination allowed, total number of years of college etc)? Then I can use BS + 5 years exp to get in through EB2. I would appreciate any suggestions on how to word my PERM application so that in case NSC doesn't let me through under EB2, I can get approval at least under EB3.
 
To add to the above question, is there any ANY way to recapture my old PD? I was promoted recently and my lawyer says that he can argue that my new job duties are different and he can ask NSC to port my old PD. I find it hard to believe as from what I have read, a PD can not be recaptured for a denied I-140.

Thanks for any help. Its been a very very stressful few years for me - first that agonizing wait for labor certification and then I-140 denial. And on top of that, I am losing faith in my lawyer but there is nothing I can do about it as my company uses his law-firm for all immigration matters.
 
What is the requirement in Labor?
If labor requirement is MS then only chance you have is this:
If you have any other diploma or degree before MS and minimum admission requirement to MS was 3 yrs BS + diploma/degree (e.g if you did MS in Engineering/Technology then requirement is BS in Engineering or M.Sc (which may be 3 yr BS + some other courses)) then you may have better chance as requirement is MS. NSC needs to know whether admission to MS was based on a three years degree or 4 year degree (which may be three yr degree + other diplomar/degree), in this situation combination may work as LC requirement is MS and Admission to MS was not based on 3 yr Degree but course work equivalent a 4 year degree (4 year degree means not just education evaluation comparing 3 yr degree to 4 year degree but 3 year degree plus other courses) and again key is the requirement for admission to your MS.

However if LC requirement is BS+5 years (for EB2) and you have BS (3 yr) & MS and admossion to MS was based on 3 years degree then it is your luck if you get approval and person working your case considers BS+MS to qualify for 4 yr BS and allow combination.

Combination may be allowed in first senario to meet criterio of 4 years degree to get admission to MS WHEN you meet the requirement by having a Masters degree.

fcukNSC said:
I have had my I-140 denied with PD of June 2002. I have a 3 yrs bachelors and 2 yr Masters from India. I filed MOTR in December 2006 with Sheila's evaluation and a couple other evaluations to show that I have degrees equal to US Masters. I haven't heard back on MOTR so I am assuming that NSC didn't buy it and its probably been send to AAO. I am planning to start a new application under PERM. I want to be extra careful at every step this time. Can gurus please help me to figure out the best way forward?

Is there anyway I can get through EB2? I have 5 yrs+ experience before joining my current job. Can my labor be worded in such a way so that NSC accepts my BS and MS as equivalent to US bACHELORS (e.g. combination allowed, total number of years of college etc)? Then I can use BS + 5 years exp to get in through EB2. I would appreciate any suggestions on how to word my PERM application so that in case NSC doesn't let me through under EB2, I can get approval at least under EB3.
Click to expand...
 
3 year masters

st4rguitar said:
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! :)
Click to expand...

The three year Masters almost always gets approved with an evaluation. However there was one posted on this board that was denied because they had a 3 year bachelor's. I had only seen that one other time which was reversed and approved after an MTR. I don't know what happened to the person on this board who got the denial with the 3 year masters.
 
Sheila R Danzig said:
The three year Masters almost always gets approved with an evaluation. However there was one posted on this board that was denied because they had a 3 year bachelor's. I had only seen that one other time which was reversed and approved after an MTR. I don't know what happened to the person on this board who got the denial with the 3 year masters.
Click to expand...

Hi Sheila,

Thanks for your comments. I will have to wait and see what happens.

Thanks!
 
You need to send what was asked for while making the argument that your masters was in related field.

And your Attorney is correct about opinion letter as well as not comparing 3 yrs degree to 4 years.


swiswit said:
Hi,

I need some expert opinion before I take steps to reply to an I-140 RFE. The reviewing officer for I-140 has asked for transcripts for my Masters. Labor was filed under EB-3. ETA-750 does not mention any equivalency. I do have a Masters, but in Management (MBA Marketing) with some IT and Mathematics related courses. The ETA-750 has education requirement as Bachelors (4 years) and field of study as Mathematics, CS, EE or related field. I have done Bsc Mathematics 3 years. I am not sure why the Masters transcript is being requested when the labor requires Bachelors. There was no experience requirement in ETA-750 form.
Can you please let me know what the best possible course of action is? I was thinking of only giving the transcript for Masters as that is what has been asked. The labor was filed in 2004, and a lot is at stake if I-140 is denied. I am in my seventh year of extension.

My Attorney is asking me to get an expert opinion letter from an evaluator. The rational is to show that even in Masters there were Mathematics related courses and when combined with a three years Bachelors degree Mathematics courses, I would qualify for the number of credits for a 4 years Mathematics Degree in USA. The Attorney does know about evaluation agencies that would equate 3 years to 4 years degrees; however they feel that the success rate of this kind of evaluation is very low.

I would like to get some inputs to check what my options are ?

Thanks in advance
Swiswit
Click to expand...
 
Free analysis

swiswit said:
Hi,

I need some expert opinion before I take steps to reply to an I-140 RFE. The reviewing officer for I-140 has asked for transcripts for my Masters. Labor was filed under EB-3. ETA-750 does not mention any equivalency. I do have a Masters, but in Management (MBA Marketing) with some IT and Mathematics related courses. The ETA-750 has education requirement as Bachelors (4 years) and field of study as Mathematics, CS, EE or related field. I have done Bsc Mathematics 3 years. I am not sure why the Masters transcript is being requested when the labor requires Bachelors. There was no experience requirement in ETA-750 form.
Can you please let me know what the best possible course of action is? I was thinking of only giving the transcript for Masters as that is what has been asked. The labor was filed in 2004, and a lot is at stake if I-140 is denied. I am in my seventh year of extension.

My Attorney is asking me to get an expert opinion letter from an evaluator. The rational is to show that even in Masters there were Mathematics related courses and when combined with a three years Bachelors degree Mathematics courses, I would qualify for the number of credits for a 4 years Mathematics Degree in USA. The Attorney does know about evaluation agencies that would equate 3 years to 4 years degrees; however they feel that the success rate of this kind of evaluation is very low.

I would like to get some inputs to check what my options are ?

Thanks in advance
Swiswit
Click to expand...

We are doing a free analysis of any RFE's or Denials related to education. Go to www.cciFree.com and fill out the very short form and email or fax your documents including the RFE. It will take about 2 days for us to tell you if we think we can help you. We have done a great deal of research and our success rate in showing the 3 year equivalent to a US bachelor's degree is about 90% this year.
 
I-140 approved on 3/30/07

Labor Requirement Column 14: Masters Degree in EE, Column: 15: None
My Education: Master of Technology from IIT, BS (3 years) + 2 Year PG Diploma in Engg (From IIT)

There was a RFE about 3 years BS, Response was sent with argument that requirement is meet solely on the graduate level coursework (masters Degree) number of years of coursework and research, from one of the best institute in the world (IIT ranks no 3 in world technology university just behind MIT & Cal university) and Admission was not based on 3 years BS degree but Admission to Masters Degree was based on BS + 2 yr PG Diploma + GATE exam.

Evaluation: We submitted education evaluation only for Masters Of Technology Degree as equivalent to 2 years US masters degree, And there were several mistakes made in the education evaluation done by Trusteforte. e.g: wrong years of BS and few more mistakes but it was already submitted with original application and I received a copy recently and noticed
 
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kgp said:
I-140 approved on 3/30/07

Labor Requirement Column 14: Masters Degree in EE, Column: 15: None
My Education: Master of Technology from IIT, BS (3 years) + 2 Year PG Diploma in Engg (From IIT)

There was a RFE about 3 years BS, Response was sent with argument that requirement is meet solely on the graduate level coursework (masters Degree) number of years of coursework and research, from one of the best institute in the world (IIT ranks no 3 in world technology university just behind MIT & Cal university) and Admission was not based on 3 years BS degree but Admission to Masters Degree was based on BS + 2 yr PG Diploma + GATE exam.

Evaluation: We submitted education evaluation only for Masters Of Technology Degree as equivalent to 2 years US masters degree, And there were several mistakes made in the education evaluation done by Trusteforte. e.g: wrong years of BS and few more mistakes but it was already submitted with original application and I received a copy recently and noticed
Click to expand...


congratulations Kgp. you are extremely well qualified for EB2.
 
filing for H1 extn

Hi Friends,
My 6 yrs for the H1B get over on Aug 11, 2007. My 140 (EB2) has been approved 2-3 months back.

The issue is that the H1 extension that I got was till Nov 2008 (mistake of INS). Now, my lawyer tells me that we cannot file for my 3 yr H1 extension, since my "H1 date is till Nov 2008, and that we can file for the extn only in March 2008".
I am pretty sure I had read somewhere that this is not the case. Even though INS mistakenly exntended my H1 till Nov 2008, I should still go with the actual 6 yrs expiry date; what that also implies is that I should/can file for my extension using the 6 yr H1 expiry date only.

Any inputs, please.

Thanks much for your help
M
 
Hi Maansi,
I remember that your 140 was approved in EB3 after initialling denied in EB2. Now you said that it is approved in EB2. Did you reapply with another labor in EB2? Was there any RFE or straight approval?

Thanks,

maansi28 said:
Hi Friends,
My 6 yrs for the H1B get over on Aug 11, 2007. My 140 (EB2) has been approved 2-3 months back.

The issue is that the H1 extension that I got was till Nov 2008 (mistake of INS). Now, my lawyer tells me that we cannot file for my 3 yr H1 extension, since my "H1 date is till Nov 2008, and that we can file for the extn only in March 2008".
I am pretty sure I had read somewhere that this is not the case. Even though INS mistakenly exntended my H1 till Nov 2008, I should still go with the actual 6 yrs expiry date; what that also implies is that I should/can file for my extension using the 6 yr H1 expiry date only.

Any inputs, please.

Thanks much for your help
M
Click to expand...
 
Swiswit, this is just my opinion:

As they don't allow combining degrees unless you have 3 yr Degree + another degree or Diploma and then Masters and you meet requirement based on Masters. As you have 3 years of Math courses in your B.Sc so I think if you have about 1 years of credit hours of Maths in your MBA then you should try to get your MBA evaluated as equivalent to a US Bachelors degree, that may help as you are not combining degree but still proves that you have a 4 YEARS Bachelors equivalent degree.

FYI: you have to send the requested documents to USCIS with your response
 
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