3 years degree EB3, 140 at NSC - please advice

I 140 RFE Regarding 3 yrs degree

Hi,

I got a RFE 2 week back regarding 3 yrs bachelors’ degree and my education credentials from NSC. I have been trying to contact my lawyer since then but have been unsuccessful.
I need your advise on these issues:

- I am working as a system analyst and have filed my case under EB 3. I have 3 yrs BCOM + 2 yrs diploma from NIIT + 5 yrs experience (IT and non IT). Will my education and experience be an issue?
- How much time we have to respond to this query?
- What options do I have if my case is denied?

Thank you for your time
 
What does your labor say for column 14 - college degree required & Experience, Related occupation and column 15 - other special requirements.

If your case is denied, you can always file for appeal & meantime you can ask your employer to file for another labor through PERM.

Good luck.

ariesny1 said:
Hi,

I got a RFE 2 week back regarding 3 yrs bachelors’ degree and my education credentials from NSC. I have been trying to contact my lawyer since then but have been unsuccessful.
I need your advise on these issues:

- I am working as a system analyst and have filed my case under EB 3. I have 3 yrs BCOM + 2 yrs diploma from NIIT + 5 yrs experience (IT and non IT). Will my education and experience be an issue?
- How much time we have to respond to this query?
- What options do I have if my case is denied?

Thank you for your time
Click to expand...
 
Eb3 I140 + substitution labor + 10 + 2+ B.sc(3yr) + M.C.A (3yr)

Gurus,



Subst Labor says: B.S or Equivalent
EXP: 2yrs as of XXXX

I have 2 yrs experience as of XXXX
and hold B.Sc(3yrs) degree from india & M.C.A(3yrs).

what are my chance of getting I140 cleared ? any suggestions are greatly appreciated.


Edu Evaluation says: Mine is equivalent to graduation from high school and
Masters in US.


what are my chances ? my lawyer is not sure about this .. he says chances are 50 - 50 Since my B.sc(3yrs) is not equivalent to B.S(4 yrs) ...


Please give some advise ..


Gurus , Kindly share your opinion and advise .. ..

Shiela .. mine is at NSC and may be issue with your evaluation.Any way thansk for your response.


Thanks in advance
 
3+3 at NSC

SVARMA said:
Gurus,



Subst Labor says: B.S or Equivalent
EXP: 2yrs as of XXXX

I have 2 yrs experience as of XXXX
and hold B.Sc(3yrs) degree from india & M.C.A(3yrs).

what are my chance of getting I140 cleared ? any suggestions are greatly appreciated.


Edu Evaluation says: Mine is equivalent to graduation from high school and
Masters in US.


what are my chances ? my lawyer is not sure about this .. he says chances are 50 - 50 Since my B.sc(3yrs) is not equivalent to B.S(4 yrs) ...


Please give some advise ..


Gurus , Kindly share your opinion and advise .. ..

Shiela .. mine is at NSC and may be issue with your evaluation.Any way thansk for your response.


Thanks in advance
Click to expand...
We have been doing very well for EB3 at NSC showing a 3 year equivalent toa US bachelor's degree. NSC is fairly reasonable with EB3.
I have also seen approvals for a 3+3 depending on how the evaluation was written so things maybe fine for you. At worst, my guess is that you won't get a denial, but will get an RFE at worst, and you can likely handle that when it comes. Most of the time when I see an RFE from NSC it means that they think with the proper documentation they will approve it. Otherwise NSC is quick to go straight to a denial.
 
venky23 said:
Thank you for all.. I have 5 + years experience after masters... but my labor says masters + 2 years experience.. EB2 classification... no other alternative specified.. uscis denied i-140 saying my 3 years bachelors is not equivalent to us bachelors and masters is not valid on top of it as bachelors is not equivalent.. then they applied MTR with one more education evaluation & evaluation from a professor.. and attorney also applied my case to Texas( i dont know how he dit it,, but gave me SRC#)... with the MTR Nebraska considered 10+2+3+2 indian masters equivalent to usa masters and approved the i-140..
Click to expand...
Your lawyer must be a super man :) . I think the immigration officer who is handling one file can look into the related MTR for that file. No other person can. IT would help lot of your friends in this form if you could share the lawyer's name or discuss how he did it :) From NSC to TSC WAOO !!!
 
Attorney applied MTR at NSC only... and MTR approved.. I mean to say, attorney applied another i-140 petition at Texas. I am sorry for the confusion..
neerajkhan said:
Your lawyer must be a super man :) . I think the immigration officer who is handling one file can look into the related MTR for that file. No other person can. IT would help lot of your friends in this form if you could share the lawyer's name or discuss how he did it :) From NSC to TSC WAOO !!!
Click to expand...
 
venky23 said:
Attorney applied MTR at NSC only... and MTR approved.. I mean to say, attorney applied another i-140 petition at Texas. I am sorry for the confusion..
Click to expand...
thanks for the reply. However when your I-140 was applied (denied) later MTR was approved by NSC why did you apply again for I-140 from TSC. Now I am really confused :).
 
We first applied i-140 to NSC, that was denied.. then we applied MTR to NSC and i-140 to TSC at the same time. recently MTR was approved with NSC. We had a feeling that MTR may not be approved at NSC, and TSC will approve indian masters cases.. that is the reason attorney applied to TSC, but luckily shortly NSC approved MTR. We have to withdraw i-140 from TSC.
neerajkhan said:
thanks for the reply. However when your I-140 was applied (denied) later MTR was approved by NSC why did you apply again for I-140 from TSC. Now I am really confused :).
Click to expand...
 
venky23 said:
We first applied i-140 to NSC, that was denied.. then we applied MTR to NSC and i-140 to TSC at the same time. recently MTR was approved with NSC. We had a feeling that MTR may not be approved at NSC, and TSC will approve indian masters cases.. that is the reason attorney applied to TSC, but luckily shortly NSC approved MTR. We have to withdraw i-140 from TSC.
Click to expand...
that is interesting. So is it possible to apply to TSC while I-140 is being processed at NSC? Did you file a new labor or used the same labor for filing at TSC?
Maybe I too will go that route once I get my ref as my educational qualification is same as yours and I am in EB2.

Thanks,
Neeraj.
 
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Please guide

I have 3 years B.Sc (Electronics), from India a 2 year diploma from NIIT and another 1 year diploma from Aptech. Have 11 years of experience. I had a TR application that we hope will clear labor pretty soon. That was filed EB2. What do you guys think I should do for the I140

JACK
 
3+2

jack_b_uta said:
I have 3 years B.Sc (Electronics), from India a 2 year diploma from NIIT and another 1 year diploma from Aptech. Have 11 years of experience. I had a TR application that we hope will clear labor pretty soon. That was filed EB2. What do you guys think I should do for the I140

JACK
Click to expand...

I will be happy to review all of your doucments (no charge) and tell what my best guess is, which would include filing to TSC. Go to www.cciFree.com and fill out a very short form and follow the directions. We will get back to you within 2 days. Don't have an evaluation done until your labor clears.
 
I-140 RFE Received

I upgraded my case to PP on 5/14 and LUD changed on 5/16. Today I received email notification that they have mailed RFE. I don't know what it is.

My Col. 14 says BS or equivalent. And Col 15 says any combination of education & experience will accept. I have 3 year B.Com and 1 year DBM. I had about 15 years of experience at the time my labor was filed. At this moment, I do not know what the RFE is about. I guess I will have to just wait and see for the actual letter. Does anybody know is it wise to start looking for an evaluator to get my education evaluated. Thanks for your support.

Bad Luck...:( :mad:
 
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evaluation

GCNaseeb said:
I upgraded my case to PP on 5/14 and LUD changed on 5/16. Today I received email notification that they have mailed RFE. I don't know what it is.

My Col. 14 says BS or equivalent. And Col 15 says any combination of education & experience will accept. I have 3 year B.Com and 1 year DBM. I had about 15 years of experience at the time my labor was filed. At this moment, I do not know what the RFE is about. I guess I will have to just wait and see for the actual letter. Does anybody know is it wise to start looking for an evaluator to get my education evaluated. Thanks for your support.

Bad Luck...:( :mad:
Click to expand...

Don't spend money on an evaluation until you see exactly what the RFE states. With Col 15 allowing for a combination of education you should not have a problem with a simple evaluation. The fact that you received an RFE (instead of a denial) is a relatively good sign.
 
3 year degree

Hello Everyone,
I have 3 years B.com degree from india, with some computer courses, I have evaluation from TurstForte based of my education and experience, which finds it equivalent to US bachelor's degree. My Labor is approved in RIR - EB3 category.
ETA 750 section 14 - None Required
Only 2 years experience is asked in labor.
Labor is approved, I want to file 140 but want to know my chances of getting 140 approved. All experts please reply.

Thanks
 
No actually col 15 says in lieu of bachelors

Sheila R Danzig said:
Don't spend money on an evaluation until you see exactly what the RFE states. With Col 15 allowing for a combination of education you should not have a problem with a simple evaluation. The fact that you received an RFE (instead of a denial) is a relatively good sign.
Click to expand...



Thanks Sheila,

Actually I just re-checked my 750. On col 15, it said: in lieu of bachelors, will accept an additional 2 years experience in stated occupations. So that means RFE might be something else?

I also remember, all my school records has my birth name instead of my actual name as per passport. Only one letter extra in between, eg. shankar in passport Vs. Shankara in school records. RFE might be to prove the difference? Does anybody know what are my options to straighten this.
 
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I have filled my I-140 at NSC and I have received RFE couple of days back. I didn't see the actual RFE since we didn't received.

I-140 is Under: Skilled worker or Professional

Here is My Education:
I have 10+2+AMIETE additionally I have Bachelors in Mathematics (3Year Degree) + 2 Years PGDCA.

In the column 14 of form ETA 750A : It says Degree or Equivalent *

In the Column 15 of form ETA 750A : it says * Equivalent means any combination of education that results in the edu. equivalence of a BS degree in a listed filed. Must be documented by a creditable evaluation. Education may inlcude combinations of lesserr degrees. No. work expr. may used to eqate a BS Degree'.

I looked at wikipedia what does college means
"The usual practice in the United States today is to use "university" in the official names of institutions made up of several faculties or "schools" and granting a range of higher degrees while "college" is used in the official names of smaller institutions only granting bachelor's or associate's degrees."

My Attorney is saying that it may not be on Education.
What are my chances of Approval?
 
Small company?

zoomeg said:
I have filled my I-140 at NSC and I have received RFE couple of days back. I didn't see the actual RFE since we didn't received.

I-140 is Under: Skilled worker or Professional

Here is My Education:
I have 10+2+AMIETE additionally I have Bachelors in Mathematics (3Year Degree) + 2 Years PGDCA.

In the column 14 of form ETA 750A : It says Degree or Equivalent *

In the Column 15 of form ETA 750A : it says * Equivalent means any combination of education that results in the edu. equivalence of a BS degree in a listed filed. Must be documented by a creditable evaluation. Education may inlcude combinations of lesserr degrees. No. work expr. may used to eqate a BS Degree'.

I looked at wikipedia what does college means
"The usual practice in the United States today is to use "university" in the official names of institutions made up of several faculties or "schools" and granting a range of higher degrees while "college" is used in the official names of smaller institutions only granting bachelor's or associate's degrees."

My Attorney is saying that it may not be on Education.
What are my chances of Approval?
Click to expand...

Hi Zoomeg,

I am working for a smaill company, less than 25 employees. I am guessing my RFE might be about the tax returns etc for my employer. I think for the big companies they simply approve it as they know the company. Not sure though, we have not yet received our RFE yet. Hopefully this week.
 
Not Small Company

GCNaseeb,

My Company is not a Small Company we are Nasdaq list Company and we have 8000+ employees.
 
Did you receive RFE notification and what it is regarding ?

GCNaseeb said:
I upgraded my case to PP on 5/14 and LUD changed on 5/16. Today I received email notification that they have mailed RFE. I don't know what it is.

My Col. 14 says BS or equivalent. And Col 15 says any combination of education & experience will accept. I have 3 year B.Com and 1 year DBM. I had about 15 years of experience at the time my labor was filed. At this moment, I do not know what the RFE is about. I guess I will have to just wait and see for the actual letter. Does anybody know is it wise to start looking for an evaluator to get my education evaluated. Thanks for your support.

Bad Luck...:( :mad:
Click to expand...
 
Great News

Guys,
Great news for 3 yr BS and 2 yr Masters from India candidates that NSC has changed their opinion and rules. The above mentioned categories can qualify for EB2 if certain criteria is met. Visit www.immigration-law.com for details.

I dont know what made NSC officials to change their minds and come to reality.

Great news indeed for people like me.

Good luck.
 
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