3 years degree EB3, 140 at NSC - please advice
- Thread starter ashasree
- Start date
I-140 approved 3 year degree from NSC
Today my I-140 approved.
EB3 3 year degree from INDIA
PD 01/17/2006
I-140 FD 04/25/06
I-140 ND 04/25/06
LUD 04/27, 07/22,
I-140 PP applied on 09/14/2006
LUD 09/15, 09/18,
I-140 RFE issued on 09/26/2006. RFE requested to sign the form.My HR manager forgot to sign the labor.
Received RFE 09/28
LUD again 09/29,10/02,10/06
It was really great news for me and friends in this forum who have three years degree. I was evaluation done through Sheila too. I'm not marketing her here. I am just giving the information. That could help others.
Anyway another sad news is my company merged with another company. I have asked to leave. Even my case is approved I couldn't enjoy the situation. I have to start the process again wth another company. I was close to 6 year. So I can file my h-1 for 3 year with this approved labor. Experts please advice me If I keep my part job in this company can I still continue the green card. I have very good terms with the company. But they can't keep my job full time. They will help me out to smoothen my VISA transfer. What is your advice?.
Today my I-140 approved.
EB3 3 year degree from INDIA
PD 01/17/2006
I-140 FD 04/25/06
I-140 ND 04/25/06
LUD 04/27, 07/22,
I-140 PP applied on 09/14/2006
LUD 09/15, 09/18,
I-140 RFE issued on 09/26/2006. RFE requested to sign the form.My HR manager forgot to sign the labor.
Received RFE 09/28
LUD again 09/29,10/02,10/06
It was really great news for me and friends in this forum who have three years degree. I was evaluation done through Sheila too. I'm not marketing her here. I am just giving the information. That could help others.
Anyway another sad news is my company merged with another company. I have asked to leave. Even my case is approved I couldn't enjoy the situation. I have to start the process again wth another company. I was close to 6 year. So I can file my h-1 for 3 year with this approved labor. Experts please advice me If I keep my part job in this company can I still continue the green card. I have very good terms with the company. But they can't keep my job full time. They will help me out to smoothen my VISA transfer. What is your advice?.
Sheila R Danzig
Registered Users (C)
contact hours and credits
This is an inaccurate statement and this is not how the credits are computed.
An evaluation is not about getting nice round numbers for the sake of it. It is about showing an accurate equivalency. The correlation between marks and credits is one of proportionate weighting, not one of conversion to credits. The credit conversion is based on the Carnegie unit which itself is based on the student's contact hours. This comes from the transcripts and actual contact hours from a syllabus when supplied. Where there is no evidence of the actual specific contact hours we use research which is documented in a 300 page file given to each client to add to the evaluation. The research has established that there are no 3 year programs of less than 1800 contact hours which is the minimum we use to establish the equivalent credits when actual hours are not supplied. This use of the minimum contact hours results in a conversion (using the universally accepted Carnegie unit) to 120 credits.
Another approval was just posted (NSC) right above this message which speaks for itself. USCIS apparantly understands the credits.
Sheila Danzig
sheila at danzig dot com
Feel free to contact me with any questions about the credit conversion.
A0001 said:
This is an inaccurate statement and this is not how the credits are computed.
An evaluation is not about getting nice round numbers for the sake of it. It is about showing an accurate equivalency. The correlation between marks and credits is one of proportionate weighting, not one of conversion to credits. The credit conversion is based on the Carnegie unit which itself is based on the student's contact hours. This comes from the transcripts and actual contact hours from a syllabus when supplied. Where there is no evidence of the actual specific contact hours we use research which is documented in a 300 page file given to each client to add to the evaluation. The research has established that there are no 3 year programs of less than 1800 contact hours which is the minimum we use to establish the equivalent credits when actual hours are not supplied. This use of the minimum contact hours results in a conversion (using the universally accepted Carnegie unit) to 120 credits.
Another approval was just posted (NSC) right above this message which speaks for itself. USCIS apparantly understands the credits.
Sheila Danzig
sheila at danzig dot com
Feel free to contact me with any questions about the credit conversion.
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Sheila R Danzig said:
Could you please explain why your name is in the list for investigation? That would help clear some doubts about your evaluations people might have.
Read the thread from the following link.
http://boards.immigration.com/showp...1&postcount=287
Thota,thota said:
firstly, congrats on getting your 140 thru...
Now, coming to merger/layoff...as your 140 is approved...you can quickly file for H1 with another co. & immediately file PERM...will take 4-6 mnths & then when you file for I-140...ask for porting your old priority date...not sure if you have any other option...gurus can advise further...
But, choose your new co. very carefully.
good luck.
thota said:
--Congratulations Thota. I have been tracking your case for a while now. You did not get any RFE on education. You are very lucky not to get one.You used Sheila's Evaluation to equate 3-year degree to US Bachelor's degree I believe.
Sorry to hear that you are having to change your job after overcoming so many obstacles. Like someone suggested, your best bet is to find an employer and do your h1-b 3-year extension.As a matter of fact, if you are on the verge of extending h1b and could not find a new employer yet, I would suggest do your 3-year extension with the present employer.Atleast that will keep you in status till you find another employer.
For you, there is no other option than to start GC process again with the new employer. However, you can port your Priority Date to the new case. Keep in mind that the job duties must reflect to be inline with the old one.I dont know to what extent.
With your new process, do not make the same mistakes your HR manager has made with your present PERM application. Also, I would be cautious in using the strategy of equating 3-year degree to 4-year degree in US. Officer may have overlooked the fact because he was carried away by obvious missing information(i.e. signature of your HR manager was not there on the form).
--Good luck.
Anil
"please advice me If I keep my part job in this company can I still continue the green card. I have very good terms with the company. But they can't keep my job full time. They will help me out to smoothen my VISA transfer. What is your advice?."
--Since GC is for future employment and the prospective employee need not be working with the sponsoring employer in order to get his GC approved, I guess you can keep your case alive if the employer is willing to pursue the case.However, I do not know if the nature of merger has any impact on the sponsoring employer. That is, if the merger is making your sponsoring employer a totally non-existent entity, I am not sure how the sponsorship is going to be considered valid.Someone suggested in the past that the validity of the case is retained PROVIDED the merged-to employer is still interested in keeping the job requirement open and interested in hiring you in the future.Again, GC is for future employment.
All said and done, your PD is of year 2006. I think there is very little to worry about your PD. It is not very old.I dont know how many years it is going to take in order for your PD to become current.To rely on the old employer for so many years just to keep your old case alive doesnt sound too realistic.
Just my opinion.
Anil
--Since GC is for future employment and the prospective employee need not be working with the sponsoring employer in order to get his GC approved, I guess you can keep your case alive if the employer is willing to pursue the case.However, I do not know if the nature of merger has any impact on the sponsoring employer. That is, if the merger is making your sponsoring employer a totally non-existent entity, I am not sure how the sponsorship is going to be considered valid.Someone suggested in the past that the validity of the case is retained PROVIDED the merged-to employer is still interested in keeping the job requirement open and interested in hiring you in the future.Again, GC is for future employment.
All said and done, your PD is of year 2006. I think there is very little to worry about your PD. It is not very old.I dont know how many years it is going to take in order for your PD to become current.To rely on the old employer for so many years just to keep your old case alive doesnt sound too realistic.
Just my opinion.
Anil
Thanks a lot ANil
Thanks for your response. I really appreciate that. I spoke to my HR manager about next step. He wants to wait untill we receive copy from USCIS. Once he receive the copy he will file H-1 extension for next three years with the amendment of part time job. I am hoping that if my IT director agree to keep me as part time, then I'll find another employer to file new H-1 and work for him part time option. I hope this works. Please let me know any advice about my case.
Thanks for your response. I really appreciate that. I spoke to my HR manager about next step. He wants to wait untill we receive copy from USCIS. Once he receive the copy he will file H-1 extension for next three years with the amendment of part time job. I am hoping that if my IT director agree to keep me as part time, then I'll find another employer to file new H-1 and work for him part time option. I hope this works. Please let me know any advice about my case.
thota said:
--Please talk to some competent lawyer before you take any action. Hope is good but you need some immigration attorney to make sure that it will work out in the long run.
The way things are now, it could take very long before your PD becomes current. Do you want to run the risk of relying on this left-out case for that long? Wouldnt you feel more comfortable starting a new process with the new job and port your priority date rather? Just curious...
hopefulforgc
Registered Users (C)
Eb2
I have read all posts in this thread but didn't see any case similar to mine mentioned. I just got my labor approved from BEC in EB2. Requirements in labor are listed simply as Masters degree, no equivalency, no experience etc. I have a 3 years bachelors degree and a 2 years Masters degree from India. I am getting ready to file my I-140. I have had a simple evaluation done in the past where evaluator (who is a Professor in an American university, though not in the same field as my degree) essentially gave me a 1 page letter saying that my bachelors is equal to bachelors from a university in USA and masters is equal to a Masters degree from USA.
After reading all these denials from NSC due to a 3-year bachelors degree, I am a little worried. However I haven't seen anyone posting about denials when they had MS (in addition to a 3-year BS) and the requirement in labor was an MS. What I am thinking is that if I get just my Masters degree evaluated as equal to MS from USA and do not bring in Bachelors at all, then what could NSC raise objection about? As I mentioned earlier, my labor certification requires just a Masters degree, and if I have a MAsters equal to a US MS, and both of them are 2 year degrees, then I meet those requiements. What do you gurus think? Any comments will be appreaciated.
I have read all posts in this thread but didn't see any case similar to mine mentioned. I just got my labor approved from BEC in EB2. Requirements in labor are listed simply as Masters degree, no equivalency, no experience etc. I have a 3 years bachelors degree and a 2 years Masters degree from India. I am getting ready to file my I-140. I have had a simple evaluation done in the past where evaluator (who is a Professor in an American university, though not in the same field as my degree) essentially gave me a 1 page letter saying that my bachelors is equal to bachelors from a university in USA and masters is equal to a Masters degree from USA.
After reading all these denials from NSC due to a 3-year bachelors degree, I am a little worried. However I haven't seen anyone posting about denials when they had MS (in addition to a 3-year BS) and the requirement in labor was an MS. What I am thinking is that if I get just my Masters degree evaluated as equal to MS from USA and do not bring in Bachelors at all, then what could NSC raise objection about? As I mentioned earlier, my labor certification requires just a Masters degree, and if I have a MAsters equal to a US MS, and both of them are 2 year degrees, then I meet those requiements. What do you gurus think? Any comments will be appreaciated.
stillwaiiting
Registered Users (C)
HopefulforGC, NSC denies if education is NOT "Single Degree". 3-year + Masters not considered as single.
check the following release from NSc and see if you have a chance...
http://www.immigration-law.com/Archive XIII.html
05/09/2006: BS or MS Degree and Equivalence and NSC Position
This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:
Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses. From these standards, the NSC appears to take the following positions:
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.
13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.
NSC also confirms the following policies:
Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2
Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.
http://www.immigration-law.com/Archive XIII.html
05/09/2006: BS or MS Degree and Equivalence and NSC Position
This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:
Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses. From these standards, the NSC appears to take the following positions:
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.
13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.
NSC also confirms the following policies:
Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2
Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.
hopefulforgc
Registered Users (C)
bitu72 said:
I think your sitution is totally different from mine. Your degrees are in a different field that what your job is in. My job is in the exact same filed in which my degrees are.
hopefulforgc
Registered Users (C)
HunnyZee said:
If they require a single source degree, how can they accept BS+MS as equal to bachelor's? It is a contradiction of their own policies.
EDIT: On further scrutiny, all this appears to be some lawyers interpretation of NSC policies (note that it says NSC appears to take the following positions), not a statement from NSC's director.
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hopefulforgc
Registered Users (C)
Suggestion for Shiela Danzig
I am reading several messages from ppl who swore by evaluations done by Sheila and some who don't have many nice things to say. Further, that link showing Sheila being in a fraud investigation doesn't look good. Add to it that evaluations from Sheila cost several hundereds dollars more than other evaluators, it makes a tough decision for someone, who is a little worried about his/her 3 year degree but is hopeful of pulling through, to go for Shiela's evaluation.
Here is a suggestion for Shiela. Why not offer a money back guarantee (say 80% refund if the result is negative) for your evaluations? If you are saying that more than 90% of cases with your evaluation are approved, then you dont have much to loose. It may just bring in more business for you.
I am reading several messages from ppl who swore by evaluations done by Sheila and some who don't have many nice things to say. Further, that link showing Sheila being in a fraud investigation doesn't look good. Add to it that evaluations from Sheila cost several hundereds dollars more than other evaluators, it makes a tough decision for someone, who is a little worried about his/her 3 year degree but is hopeful of pulling through, to go for Shiela's evaluation.
Here is a suggestion for Shiela. Why not offer a money back guarantee (say 80% refund if the result is negative) for your evaluations? If you are saying that more than 90% of cases with your evaluation are approved, then you dont have much to loose. It may just bring in more business for you.
stillwaiiting
Registered Users (C)
hopefulforgc,
That is plain bu*^%#$shit. We all paid $1000+ for evaluation and denied and never had negotiations with her like you. Why don't you start a NEW labor with proper wording? You know the result by now. We are not fools here and waiting for AAO decision.
That is plain bu*^%#$shit. We all paid $1000+ for evaluation and denied and never had negotiations with her like you. Why don't you start a NEW labor with proper wording? You know the result by now. We are not fools here and waiting for AAO decision.
hopefulforgc
Registered Users (C)
stillwaiiting said:
I am not saying 3 years + MS is single degree. What I am saying is that a single degree MS from India is equal to a single degree MS from US.
hopefulforgc
Registered Users (C)
stillwaiiting said:
What is plain BS? I am not negotiating with her, I am just suggesting something to her.
Ready for I140 - 3 Year Degree (PERM)
Hi,
My previous I-140 was denied twice (filed twice using same labor, second time with Sheila’s eval) due to 3 year degree. I started a new PERM and now ready to file I-140. But, I may be in trouble again….please review below,
H section - Job opportunity Information
4. Education: Minimum Level Required- OTHER
4-A. If other is indicated in question 4, specify the education required: BS or EQUIVALENT (EQUIV = 3 YR DEGREE +3 YR WORK EXP OR ADDITIONAL COURSE WORK)
4-B. Major Field of Study: CS, MATH OR PHYSICS
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? 36
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
8-A. If Yes, Specify the alternate level of education required:
8-B. If Other is indicated in question 8-A, Indicate the alternate level of education required:
8-C. If applicable, indicate the number of years experience acceptable in question 8:
9. Is a Foreign education equivalent acceptable? YES
10. Is experience in an alternate occupation acceptable? YES
10-A. If Yes, number of months of experience in alternate occupation required: 36
J: Alien Information
11: Education: highest level achieved relevant to the requested occupation: OTHER
11-A: If Other indicated in question 11, specify: BS EQUIVALENT (3 YRS DEGREE + ADITIONAL COURSE WORK)
12. Specify major field of study: PHYSICS
Summary of Educational Evaluation - Trustforte
My 3 year degree from India plus additional post secondary courses (Diplomas) are equivalent to Bachelor’s Degree in CS from a US University
Questions
-Since Question 8 is answered NO, will I be able to combine the education?
-Can I do anything before filing I-140?
Ideal situation would have been to mention ‘Yes’ for question 8, ‘Other’ for question 8A, ‘3 years degree + additional course work’ for question 8B and ‘36months’ for 8C.
My lawyer said that this won’t be a problem because we have mentioned the 3 year degree (alternative) as the primary education requirement (question 4/4A).!!!
I am planning to file I-140 this week and would like your inputs on any options.
Thanks,
ADI
Note:- Total 6 years of experience before joining the current employer
Hi,
My previous I-140 was denied twice (filed twice using same labor, second time with Sheila’s eval) due to 3 year degree. I started a new PERM and now ready to file I-140. But, I may be in trouble again….please review below,
H section - Job opportunity Information
4. Education: Minimum Level Required- OTHER
4-A. If other is indicated in question 4, specify the education required: BS or EQUIVALENT (EQUIV = 3 YR DEGREE +3 YR WORK EXP OR ADDITIONAL COURSE WORK)
4-B. Major Field of Study: CS, MATH OR PHYSICS
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? 36
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
8-A. If Yes, Specify the alternate level of education required:
8-B. If Other is indicated in question 8-A, Indicate the alternate level of education required:
8-C. If applicable, indicate the number of years experience acceptable in question 8:
9. Is a Foreign education equivalent acceptable? YES
10. Is experience in an alternate occupation acceptable? YES
10-A. If Yes, number of months of experience in alternate occupation required: 36
J: Alien Information
11: Education: highest level achieved relevant to the requested occupation: OTHER
11-A: If Other indicated in question 11, specify: BS EQUIVALENT (3 YRS DEGREE + ADITIONAL COURSE WORK)
12. Specify major field of study: PHYSICS
Summary of Educational Evaluation - Trustforte
My 3 year degree from India plus additional post secondary courses (Diplomas) are equivalent to Bachelor’s Degree in CS from a US University
Questions
-Since Question 8 is answered NO, will I be able to combine the education?
-Can I do anything before filing I-140?
Ideal situation would have been to mention ‘Yes’ for question 8, ‘Other’ for question 8A, ‘3 years degree + additional course work’ for question 8B and ‘36months’ for 8C.
My lawyer said that this won’t be a problem because we have mentioned the 3 year degree (alternative) as the primary education requirement (question 4/4A).!!!
I am planning to file I-140 this week and would like your inputs on any options.
Thanks,
ADI
Note:- Total 6 years of experience before joining the current employer