3 years degree EB3, 140 at NSC - please advice

[Brittany Spears]

i dont think so...mine got approved with combination degree ...at tsc..then why shoudl they deny anybody else I140 base dont the same grounds....

Please note (I posted this elsehwhere) a week or so ago I was sent a DENIAL from TSC for a combined degree (3 year bach + pgd). No RFE was issued, just a denial.
Something may be changing at TSC.

 

[Brittany Spears]

i guess its better I dont speak now...u actually scared me here .heee
thanks anyways

Nebraska=consistent on this issue
Texas=inconsistent on this issue

Not to scare you, but USCIS has come back and revoked approvals later for this issue. Has happened in California and Vermont. Doesn't happen in Nebraska becuase they are consistent in denying it.

I haven't seen a revocation for this issue from Texas.

 

[A0001]

where? Pl let me see the full deatails.


I noticed you are talking on this issue couple of times. Any way this is NON presidential argument.
As per your argument all NON 4 year degree 140’s has to be revoked. Who (A* to Z*) ever did the evolution. There are no standards on evaluation. Some evaluators equate 3y=4y. Service centers are approving.

How it will be possible?

One got approved and other has same degree from same school and class mate. But service center denied.
Then where are the standards? Where is the proper guide lines/Recognized evaluators.
Some one demonstrate 2Y=4Y. Then also Service center accepted.

I spoke too early.

I just saw a revocation from Nebraska on this issue.

 

[talktome]

Hey UnitedNations,

Does this mean unless combination or equivalence is mentioned in the Labor, it is useless effort in trying to get a I-140 approved from NSC as it is in my case?

When you say revocation, they are revoking already approved I-140's. Can they really do that?

 

[Sheila R Danzig]

equivalency without combination

We have had about 90% success with RFE's and Denials after combinations showing the 3 year degree equivalent to a US bachelor's degree for the I-140.

 

[tammy2]

Yes, they can and do revoke I-140's. I just finished working on a case (A2P), where uscis sent over 40 NOIR's, on 140's approved as far back as 2003.

In that case even if Evaluation is done by Sheila R Danzig or any one is of no use. Am I correct here?

 

[kissaGCka]

Hi friends,

I followed this thread unexpectedly today and went through all the posts. So wanted to share with you the news. MY I-140 was approved today in EB2. My education is 10+3+3 (engg).

 

[waiting_legally]

Hi,

mine 140 was sent to NSC last week..still waiting for the receipt, now I realized that TSC approval rate is faster than NSC, with few RFEs.

Now pls forgive me, if it sounds a stupid question, is it possible to ask my attorney to withdraw the application from NSC and re-file at TSC,

mine- EB3 + 3yr degree+ 3 yr computer diploma + 2 yrs experience after qualifications

thanks,

Now that we have a lull in the priority dates and this pre-adjudication crap; uscis is taking this opportunity to go through approved cases.

Most of the approved cases which have an NOIR are ability to pay. Very few education related. The education related ones were where people used combination.

I've seen Sheila's evaluations. Evaluations are essentially opinions, that are subject to disagreement by USCIS (i've seen this in decisions). However, if Sheila alone was giving documentation then it would be a little sketchy. However, she has a monster amount of information, studies, different professors, whitepapers from different schools. It is very difficult for USCIS to counter attack her evaluations.

 

[tpranav]

Congrats!

Hi friends,

I followed this thread unexpectedly today and went through all the posts. So wanted to share with you the news. MY I-140 was approved today in EB2. My education is 10+3(diploma in engg-polytechinic)+3(degree in engg).

RD: 05/01/2006
AD: 06/23/2006

My case is exactly same as yours. (10 + 3 yrs polytechnic + 3.5 yrs Engg. Degree). Where did you file your 140? NSC or TSC? What was mentioned in col.15 of your ETA750A?

Thanks in advance.

 

[kissaGCka]

tpranav,

Thanks. It was from TSC even thogh the applied company falls under NSC as per old system. Luckily it went to TSC. Actually my case was for labor substitution under EB2 category. My attorney expressed the same concern at that time before this bi-specialization rule was implemented. She said mine may be approved in EB3 becuase of my 3 year engg.

So I have doubt in which category it was approved. My notice clearly says it was under 203(B)(2) i.e. EB2. Until I see the original approval notice I will be unrest. So I was asking this board was there any instance that case was approved in EB3 though it was applied for EB2.

I am not sure what was mentioned in 750(A) because I sent signed one of 750(B).

Let me know if I can be of any help in clarifying your concerns.

All the best

 

[Sheila R Danzig]

So I have doubt in which category it was approved. My notice clearly says it was under 203(B)(2) i.e. EB2. Until I see the original approval notice I will be unrest. So I was asking this board was there any instance that case was approved in EB3 though it was applied for EB2.

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

 

[ecnr123]

I-140 mess...

My details are as follows:

Education: 16.5 years in total
10 + 2 + Diploma in Electronics (3 years) + Post Diploma in Computer Application (1.5 years)

Experience during I file for labor:
7 years +

I have got my labor approved in EB2 category. But my lawyer said that its difficult to get my i-140 approved in EB2 category since I am not qualified for that. I don't know why had he applied for labor in EB2 category.

My company also has a cleared labor for EB3. My labor application says education requied ie bachelor's or equivalent. Do you think there could be any problem in processing my 140 in either of the category?

Thanks...

 

[Sheila R Danzig]

3 Year Degree and EB2

You will need to have the 3 year degree evaluated as equilvalent to a US bachelor's degree. Check out www.3YearDegree.com

We have had a 96% success rate in having the 3 year degree accepted as equivalent to a US bachelor's degree for the I-140, even in Nebraska, where all I-140's go now. (Of course, there are never any guarantees.)

Sheila Danzig, TheDegreePeople.com
1.800.771.4723

 

[stillwaiiting]

Sheila,

Why do you give assurances on evaluation when NSC denies 3 year degree. These evaluation work only @ TSC or VSC or CSC.

NSC comes up with stupid reason for denials. It's simple - NSC doesn't want any immigrants.

 

[LaborCleared]

Hey,
Can you please tell me how can I figure out if the PERM labor is approved in EB2 or EB3?

Thanks,

tpranav,

Thanks. It was from TSC even thogh the applied company falls under NSC as per old system. Luckily it went to TSC. Actually my case was for labor substitution under EB2 category. My attorney expressed the same concern at that time before this bi-specialization rule was implemented. She said mine may be approved in EB3 becuase of my 3 year engg.

So I have doubt in which category it was approved. My notice clearly says it was under 203(B)(2) i.e. EB2. Until I see the original approval notice I will be unrest. So I was asking this board was there any instance that case was approved in EB3 though it was applied for EB2.

I am not sure what was mentioned in 750(A) because I sent signed one of 750(B).

Let me know if I can be of any help in clarifying your concerns.

All the best

 

[palabor]

My details are as follows:

Education: 16.5 years in total
10 + 2 + Diploma in Electronics (3 years) + Post Diploma in Computer Application (1.5 years)

Experience during I file for labor:
7 years +

I have got my labor approved in EB2 category. But my lawyer said that its difficult to get my i-140 approved in EB2 category since I am not qualified for that. I don't know why had he applied for labor in EB2 category.

My company also has a cleared labor for EB3. My labor application says education requied ie bachelor's or equivalent. Do you think there could be any problem in processing my 140 in either of the category?

Thanks...

Hi ecnr123,

"My labor application says education requied ie bachelor's or equivalent"

Does your labor states bachelor's or equivalent and experience of 5 years(in the experience column) , don't you think you are qualified for eb2.

Eb2 criteria : Masters or Bachelors+ 5 years exp; only issue will be whether NSC will accepts combination of degree as bachelor's .

 

[ecnr123]

Eb2/eb3

My lawyer says I-140 processing is very strict. They need progressive experience even if you have bachelor's + 5 yrs exp... Progressive experience stands for, you joined a company as a programmer and leaving or still working in the same company as an Architect or Manager or Team leader. Understanding of each line in a law book differs from person to person. Thats why sometimes even B.Com person with IT experience get an approval in EB2. But I wouldn't like to have a denial on I-140 since i am already on 7th year extension. I don't know what happens after a denial etc. Thats why I would like to know and explore which category is better. Education evaluation stands as a key to it but still EB2/EB3 is still a question. :-(

Hi ecnr123,

"My labor application says education requied ie bachelor's or equivalent"

Does your labor states bachelor's or equivalent and experience of 5 years(in the experience column) , don't you think you are qualified for eb2.

Eb2 criteria : Masters or Bachelors+ 5 years exp; only issue will be whether NSC will accepts combination of degree as bachelor's .

 

[ecnr123]

If I am applying I-140 in EB2, does it also mean if not applicable for EB2 then it will be automatically applied for EB3 and if found eligible will be approved for EB3. And there will be no denials etc.

Is it a normal situation or any abnormal one?

 

[expeditegc]

Bad News I-140 denied. 3 year education issue.

I re-filed I-140 with a fresh evaluation from Shiela Danzig and NSC denied in April'06 (NSC is notorious in denying 3 year education) . I appealed and yesterday NSC forwarded the case to AAO. It appears to me this case is *DEAD*.

I do have an approved PERM (PD Jan'06) and another backup labor is in Dallas backlog Center (PD 10/04).

I've been working here since April'98. What should I do? Please advice me.

Status:

"On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case"

 

[thota]

3 years degree . LUD update

Hi Expeditegc


My Case is EB3. I am three years bachelors degree from INDIA. Previous I-140 filed by future employer was denied due to Ability to Pay reason and it was in August 2004.
Later I applied my LC with current employer and filed I-140 in April 25, 2006 wih Nebraska.

Today my LUD changed with the below message. Does it means the case is sent any RFE?. I'm completing my six years end of December 2006.
Please help or guide me.

Current Status:

Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on April 25, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.


Is the above message similar to your case. Please advice me.
Thanks