3 years degree EB3, 140 at NSC - please advice

Sorry to hear about your denial ExpediteGC. Since I am also in the same boat I can exactly feel your pain.
My original I140 was denied by AAO also. I refiled for I140 using the same labor a little late (April 2006) using Sheila Denzing's evaluation. I think thats going to be denied too by NSC.

I too have a labor sitting in Dallas backlog elimination center. This was filed in Jul 2004. I am counting on this now to get me H1 extension in near future and also get me my GC eventually if I plan to stay here in US. I am on my 8th year H1.

I guess all we can do is verify all our cases are filed with proper wordings. The lawyers and evaluators are sitting there just to make Money and so is BCIS.
 
Sorry to hear

Hi Marooti and Expeditegc

Sorry to hear both of your case. Now I'm feeling my case will also follow your way. I am close to six years. I'm depending upon this I-140 approval to extend beyond six year. Please let me know when your I-140 denied what was the message showed up o n your profile.
Thanks
 
Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
 
Hi expeditegc

I am really feel sorry for you. Can you please share your education and experience details? If you don't mind.

Thanks

expeditegc said:
Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
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Education: Bachelors of Science (Physics, Chemistry and Mathematics) which is 15 years (10+2+3) and graduated in 1982.

I also have IT experience of 20+ years.
 
3 Years Degree issues

Friends, sorry for the RFE, I am still waiting for my 140 approval. I have a bachelors 3 years degree in computers from India and my job posting also says bachelors in computer science and no where it was mentioned about 3 or 4 years. Do you guys think it is still a problem with NSC? I am really worried about my approval as I am in last few months of my 6 years limit.

Thanks.
 
permhelp2006 said:
Friends, sorry for the RFE, I am still waiting for my 140 approval. I have a bachelors 3 years degree in computers from India and my job posting also says bachelors in computer science and no where it was mentioned about 3 or 4 years. Do you guys think it is still a problem with NSC? I am really worried about my approval as I am in last few months of my 6 years limit.

Thanks.
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folks, what exactly is issue here...
1) is it education issue here whether 3 year or 4 years
or
2) what s defined in labor as job requirement

In other words,,,if job requirement says "associate degree" or "no degree" with lets say 3 yrs or 5 yrs exp...will still that be an issue

I understand that if you mention bachelor degree in job requirement of labor and then may be they are strict about seeing 4 year degee. But if lawyer already mention the requirement being "no degree" or "associate degree" --will that be an issue ??

any comments ?
 
Sorry to hear your case but it all depends on what your LC says. Does your LC support combination of education and experience? If not then no matter how many times you apply it will get denied. But if its supports combination then it is really wierd that it is denied because they will consider three years of experience to 1 year of college education and then you should be equivalent to US Bachelors and your case you should not be denied. Check with your attorney how he is filing it and also your LC. If they do not approve it in EB2 hten you should atleast be eligible in EB3 rather being thrown into a dark room.

Good Luck.

expeditegc said:
Education: Bachelors of Science (Physics, Chemistry and Mathematics) which is 15 years (10+2+3) and graduated in 1982.

I also have IT experience of 20+ years.
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3 Years Degree

I have 3 years Bachelor degree in Science (Physics, Mathematics, Electronics).
I applied EB3
My Labor information as below
In H section (Job opportunity Information)
4-A. Education:Minimum Level Required- Bachelors
4-B. Major Field of Study. Computers or Engineering
5. Is training required in the job opportunity? No
6. Is experience in the Job offered required for the job? Yes
6-A. If Yes, number of months experiencve required? 24
7. Is there an alternate of field of Study is acceptable? No
8. Is there an alternate combination of education and experience that is acceptable? No
9. Is a Foreign education equivalent acceptable? Yes
10. Is experience in an alternate occupation aceeptable? No
I see what my HR manager donw wrong in my application. But it is too late. I spoke to Attorney Sheela Murthy. According to her 95% chances Nebraska center will deny my case. I really sorry for all of you what you are going through. I can understand how you feel because I'm also in the same boat.
 
Guys,
When your I-140 is approved in EB2 or EB3 can you please post your educational details & LC details like this? If not so many details atleast your edu details like 4 yr. or 3 year or combination of degrees or combination of edu + exp.

Thanks.

thota said:
I have 3 years Bachelor degree in Science (Physics, Mathematics, Electronics).
I applied EB3
My Labor information as below
In H section (Job opportunity Information)
4-A. Education:Minimum Level Required- Bachelors
4-B. Major Field of Study. Computers or Engineering
5. Is training required in the job opportunity? No
6. Is experience in the Job offered required for the job? Yes
6-A. If Yes, number of months experiencve required? 24
7. Is there an alternate of field of Study is acceptable? No
8. Is there an alternate combination of education and experience that is acceptable? No
9. Is a Foreign education equivalent acceptable? Yes
10. Is experience in an alternate occupation aceeptable? No
I see what my HR manager donw wrong in my application. But it is too late. I spoke to Attorney Sheela Murthy. According to her 95% chances Nebraska center will deny my case. I really sorry for all of you what you are going through. I can understand how you feel because I'm also in the same boat.
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Got it in EB2

Sheila,

I received my approval copy and it was approved in EB2. It was great news.

regards
Sheila R Danzig said:
I have had a client who applied for EB2 and was approved for EB3 but received an RFE to be accepted for the EB2. He opted not to reply the RFE.

Sheila Danzig
www.TheDegreePeople.com
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What are my chances ?

Friends, I have 3 years Bachelor's degree in Science (Computer Science and Engg.) I applied 140 in EB2 Category. Here is my HR responses in PERM application. I am really worried about my 140 approval. What are my chances?

In H section (Job opportunity Information)
4-A. Education:Minimum Level Required- Bachelors
4-B. Major Field of Study. Computers Science and Engg.
5. Is training required in the job opportunity? No
6. Is experience in the Job offered required for the job? Yes
6-A. If Yes, number of months experience required? 60
7. Is there an alternate of field of Study is acceptable? No
8. Is there an alternate combination of education and experience that is acceptable? No
9. Is a Foreign education equivalent acceptable? Yes
10. Is experience in an alternate occupation aceeptable? No
 
My opinion is if you can prove that your degree is equivalent to US Bacherlos and if you have 5 years exp. after your graduation then you may get approved but NSC is very strick about 3 yr/4 yr degree in EB2 category. The chance of approval are very slim but you may be lucky. Good Luck.

Note: I am not an attorney. Just one among you and above is just my opinion and it is not a legal advise.

permhelp2006 said:
Friends, I have 3 years Bachelor's degree in Science (Computer Science and Engg.) I applied 140 in EB2 Category. Here is my HR responses in PERM application. I am really worried about my 140 approval. What are my chances?

In H section (Job opportunity Information)
4-A. Education:Minimum Level Required- Bachelors
4-B. Major Field of Study. Computers Science and Engg.
5. Is training required in the job opportunity? No
6. Is experience in the Job offered required for the job? Yes
6-A. If Yes, number of months experience required? 60
7. Is there an alternate of field of Study is acceptable? No
8. Is there an alternate combination of education and experience that is acceptable? No
9. Is a Foreign education equivalent acceptable? Yes
10. Is experience in an alternate occupation aceeptable? No
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Your labor applied in EB3 category.

EB2 position requires minimum Masters or equivalent.
Substitute for equivalent is: Bachelors + 5 year post experience

No where your labor like this.
Your labor can be used to filed 140 under Eb3 category


permhelp2006 said:
Friends, I have 3 years Bachelor's degree in Science (Computer Science and Engg.) I applied 140 in EB2 Category. Here is my HR responses in PERM application. I am really worried about my 140 approval. What are my chances?

In H section (Job opportunity Information)
4-A. Education:Minimum Level Required- Bachelors
4-B. Major Field of Study. Computers Science and Engg.
5. Is training required in the job opportunity? No
6. Is experience in the Job offered required for the job? Yes
6-A. If Yes, number of months experience required? 60
7. Is there an alternate of field of Study is acceptable? No
8. Is there an alternate combination of education and experience that is acceptable? No
9. Is a Foreign education equivalent acceptable? Yes
10. Is experience in an alternate occupation aceeptable? No
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I-140 3 year degree

Hi
I am planning to file I-140 . This is what my lawyer gave in the section 14, 15 of the labor form. I have a 3 year degree with 1 year pg diploma and 5 year IT exp.
College degree: Bachelors or equivalent*
major, computers, MIS or related

15) will accept a combination of eduction and experience as equivalent

Of course I cann't change any of those at this time, but please let me know your thoughts and if there would be any RFE's on the degree equivalency?
 
I have a quick question, my wife's company filed a GC application under PERM last year. Her labor has been cleared but I-140 has been declined by Nebraska Service Center.

Reason Given: Not enough number of years of education to consider having a valid Bachelors degree.

She has a 3 years degree from a Osmania University and she has done afew Diploma courses in India. Her educational qualifications were validated by a registered independent evaluator in USA and she has been provided a certificate that her educational qualifications are equivalent to a 4 year bachelors degree in USA. Same Evaluator Certificate was accepted by USA University when she applied for a Masters program back in 2001. US Univ has accepted the evaluator certificate and she has also successfully completed her Masters in Information Services.

Apparently the educational qualifications required for this job did not need a MS degree so the Advertisements that were published for the job stated a requirement of Bachelors degree. The company immigration lawyers are appealing against this denial, they said this is a not a terrible news and appeal might not be denied. Can another PERM petition be filed using the Priority date of previous petition, is that possible or is that just a speculation?

But frankly we do not know the other lawyers very well so I want to get your advice as I feel you are very qualified attorney. Please let me know what you think of this situation and what are the chances that the appeal might not be denied again.
Please advise
 
support.gc
Try to get course by course evaluation for your wife's 3 years Bachelors degree. If evalution ends up equal to or more than 120 credit hours, then you can fight, saying that 4 years US bachelors program also have 120 or more credit hours. May be this could help you at appeals stage.
Note I am not an attorney, do your own research, its just an opinion
 
Support.gc, what is your wife's 3 years degree ? does the job requires BS in CS or CE ?




support.gc said:
I have a quick question, my wife's company filed a GC application under PERM last year. Her labor has been cleared but I-140 has been declined by Nebraska Service Center.

Reason Given: Not enough number of years of education to consider having a valid Bachelors degree.

She has a 3 years degree from a Osmania University and she has done afew Diploma courses in India. Her educational qualifications were validated by a registered independent evaluator in USA and she has been provided a certificate that her educational qualifications are equivalent to a 4 year bachelors degree in USA. Same Evaluator Certificate was accepted by USA University when she applied for a Masters program back in 2001. US Univ has accepted the evaluator certificate and she has also successfully completed her Masters in Information Services.

Apparently the educational qualifications required for this job did not need a MS degree so the Advertisements that were published for the job stated a requirement of Bachelors degree. The company immigration lawyers are appealing against this denial, they said this is a not a terrible news and appeal might not be denied. Can another PERM petition be filed using the Priority date of previous petition, is that possible or is that just a speculation?

But frankly we do not know the other lawyers very well so I want to get your advice as I feel you are very qualified attorney. Please let me know what you think of this situation and what are the chances that the appeal might not be denied again.
Please advise
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If any one could help me with this situation i would really appreciate it.

i have 3 year degree with eval done for 4 year us degree. my 140 was approved at tsc as eb2 pd: 02/01. I already have a dependent 485(name check cleared rd 06/2002) at nsc so i decided to use my 140 to get the approval. now nsc does not have any of my papers that i filed for 140 because my lawyer just sent the 140 approval to nsc and asked a senator to expedite and so the process started and now i got a rfc saying provide a collegiate degree along with some employer stuff. I know how ruthless nsc is but can a 485 be denied because u have a 3 year indian degree with eval even though your 140 is approved.
 
Absolutely. NSC can revoke your I-140 if TSC has approved erroneously. I am also a victim of I-140 denial without RFE. You are lucky that TSC has approved it.

nscvictim said:
If any one could help me with this situation i would really appreciate it.

i have 3 year degree with eval done for 4 year us degree. my 140 was approved at tsc as eb2 pd: 02/01. I already have a dependent 485(name check cleared rd 06/2002) at nsc so i decided to use my 140 to get the approval. now nsc does not have any of my papers that i filed for 140 because my lawyer just sent the 140 approval to nsc and asked a senator to expedite and so the process started and now i got a rfc saying provide a collegiate degree along with some employer stuff. I know how ruthless nsc is but can a 485 be denied because u have a 3 year indian degree with eval even though your 140 is approved.
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