3 years degree EB3, 140 at NSC - please advice

[adi_gc]

I140 Approved

Just recieved the email....my case has been approved..... I just can not thank enough all the forum members who has been great help through out this.

I am so relaxed now.My previous TWO I-140's were denied.

I will be here for any questions any of you might have with my case or any similar cases.

Special thanks to UN & A0001 and my attorney who has done a great Job....

Thanks,
Adi
I-140 PP EB3 - Oct-13
LUD Oct-16, Oct-17, Oct-18, Oct-24
I140 AD Oct-24

 

[MunDog]

Just recieved the email....my case has been approved..... I just can not thank enough all the forum members who has been great help through out this.

I am so relaxed now.My previous TWO I-140's were denied.

I will be here for any questions any of you might have with my case or any similar cases.

Special thanks to UN & A0001 and my attorney who has done a great Job....

Thanks,
Adi
I-140 PP EB3 - Oct-13
LUD Oct-16, Oct-17, Oct-18, Oct-24
I140 AD Oct-24

Congratulations Adi ..... celebration time for u!!

 

[stunpad]

Reason for denial

Hi Adi_gc,

My best wishes and congratulations on your success.

May I know what are the reasons your prior I140's failed? how you overcome that? As you might have seen my posting abt my 140 denial recently.

Thanks in advance.


Hi I just checked all your postings.... Was your first and second I140 trials were those in EB2? Or first one EB2 and second one EB3?

Just trying to analyse if there would be any chance if I refile I140 with EB3 instead of EB2. Please advise and share your experience and expertise.

tks

 

[adi_gc]

Hi Adi_gc,

My best wishes and congratulations on your success.

May I know what are the reasons your prior I140's failed? how you overcome that? As you might have seen my posting abt my 140 denial recently.

Thanks in advance.


Hi I just checked all your postings.... Was your first and second I140 trials were those in EB2? Or first one EB2 and second one EB3?

Just trying to analyse if there would be any chance if I refile I140 with EB3 instead of EB2. Please advise and share your experience and expertise.

tks

Previous I140's(same labor)were denied due to 3 year degree because my labor stated that BS is required and there were no mention about 'combination' or 'work exp'.

EB3 on both times. First time we used a normal eval and second time we used Shiel's eval.

Please review my current labor details. We mentioned the combination this time

Thanks,
Adi

 

[desi3933]

kgp, Are you from IIT KGP (Kharagpur)?

If requirement on Labor is Bachelors Degree or Equivalent in Maths, Physics or Engineering plus 2 yr exp. And the Alien has these qualification:

5 Yr Exp plus:
B.Sc(3 Yr) Maths & Physics + 2 Yr PG Diploma in Engineering (equivalent to M.Sc in India) from IIT + M.Tech in Engineering from Indian Institute of Technology
What are the chances that NSC will Deny this case based on Not a Single 4 year Bachelors Degree?

Depends what is mentioned in your LC. If combination is mentioned, then it should be ok. Otherwise they may look for single degree and this could result in RFE in that case.

You can evaluate MTech and show it equivalent to MS degree. Since MS > BS, it may work. But again, depends on the details mentioned in LC.

kgp, Are you from IIT KGP (Kharagpur)? I am IIT KGP 1990 batch, RK Hall.

Good Luck.

Can this Masters from institutes like IIT be a proof that Alien posses a Bachelors degree or more?

Entery into M.Tech is based on a 4 yr Bachelors Degree or M.Sc.

Or once the requirement on Labor says Bachelors then NSC does not care about higher degree like Masters or even P.HD (Doctors Degree) etc.

 

[anilt75]

Congratulations ADI_GC.I have been tracking your case and you were so tensed about the third attempt at I-140. I am so happy for you. Visit the forums from time to time and help others with your case details. Many people are still confused as to how one should do PERM with 3 year degree and combination.

Good luck with further processing in GC.
Anil

 

[desi3933]

Having the right words in LC is the most important thing.

Congrats ADI_GC. Having the right words in LC is the most important thing.

Best of Luck for your remaining GC process.

 

[anilt75]

ADI_GC,

This was your PERM info correct?

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

 

[anilt75]

Maansi28,

You seemed to have many questions with regards to your status and what to do next. Inspite of planning so many things ahead, one negative outcome from USCIS could steer you to a different route altogether.

I understand your situation very well. Why dont you request a phone-call appointment with UN (I hope UN wont hold this against me ). He is a busy guy, but as far as I know, he is the only one who can answer most of your questions in one call and even optimize the options to a possible positive result.

--Anil

 

[kgp]

Ha Bhai Ha
97-98 batch M.Tech Electrical RP hall

 

[expeditegc]

Just got a decision from AAO - Denied. This was second time on a same labor and 200 pages credential evaluation from Sheila Danzig. Now my wait continues.... another 10 years... Guys I do not want to come here anymore. I'm deeply shocked, frustrated and lost confidence.

Bye guys.

 

[A0001]

sorry to hear this. is this re file in Eb3?

Just got a decision from AAO - Denied. This was second time on a same labor and 200 pages credential evaluation from Sheila Danzig. Now my wait continues.... another 10 years... Guys I do not want to come here anymore. I'm deeply shocked, frustrated and lost confidence.

Bye guys.

 

[stunpad]

desi 3933


Hi Desi3933,

Your question regarding, 7th year in I797 approval.... your attorney may not be true.
You will face problems while coming in to USA or while GC application.

I have a friend who got same approval like urs.... one year extra than his 6 year stay which he didnt even applied for based on any pending case USCIS. He replied to them and asked for correction... they did it.

So act accordingly.

Its my openion based on past experience.... Take advise from another attorney or chat with sheela Murthy on monday nights 9pm @ murthy.com

 

[stunpad]

I140 denial

Just got a decision from AAO - Denied. This was second time on a same labor and 200 pages credential evaluation from Sheila Danzig. Now my wait continues.... another 10 years... Guys I do not want to come here anymore. I'm deeply shocked, frustrated and lost confidence.

Bye guys.

Expeditegc,
Very sorry to hear this.... Dont giveup... you still have chance of PERM.
All the best it takes couple days to realise we still have to get GC.

 

[desi3933]

Hi Desi3933,

Your question regarding, 7th year in I797 approval.... your attorney may not be true.
You will face problems while coming in to USA or while GC application.

I have a friend who got same approval like urs.... one year extra than his 6 year stay which he didnt even applied for based on any pending case USCIS. He replied to them and asked for correction... they did it.

So act accordingly.

Its my openion based on past experience.... Take advise from another attorney or chat with sheela Murthy on monday nights 9pm @ murthy.com

I suggest that you read my response again ...

Usually one can not benefit from USCIS/INS mistake. But there is one thing one can take advantage of.
Did you spend anytime outside US in last 6 years? If so, add that time to your last day Jan 1 2007. If it exceeds Feb 10, 2007 you should be ok. Check with your lawyer on this strategy.

 

[maansi28]

point taken...

//
Maansi28,

You seemed to have many questions with regards to your status and what to do next. Inspite of planning so many things ahead, one negative outcome from USCIS could steer you to a different route altogether.

I understand your situation very well. Why dont you request a phone-call appointment with UN (I hope UN wont hold this against me ). He is a busy guy, but as far as I know, he is the only one who can answer most of your questions in one call and even optimize the options to a possible positive result.
//

Point taken, Anil, I will try to contact UN in the next few days and hopefully he will have some time to help me out...


thanks
M

 

[anilt75]

Just got a decision from AAO - Denied. This was second time on a same labor and 200 pages credential evaluation from Sheila Danzig. Now my wait continues.... another 10 years... Guys I do not want to come here anymore. I'm deeply shocked, frustrated and lost confidence.

Bye guys.

--You can try with PERM again. Dont give up...persevere...

 

[lex_ind]

UN, Anil and A001 - requesting your inputs

My line no. 15 of the ETA Part A says:

*Employer will accept three years of university level studies plus two years of progressively responsible work experience as equivalent to a Bachelor's degree.

I've an Indian three year degree. I am expecting to file I-140 in couple of months. What are my chances for approval?

 

[isingh786]

RFE question

Hi Gurus,

I hava a PP I140 at NSC, day before yeserday I upgraded this to PP and today lawyer received an RFE for the same.

In the RFE, they are asking for this information...

Does anybody else has also received the SAME RFE, if yes how they responded to this...

submit evidence of the beneficiary's bachelor degree. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration and date of degree award, if any.

Please suggest something quickly...

Thanks,
Inder

 

[A0001]

SORRY !!! You know what it is. what you do NOT want?

I believe your ETA requires - column 14 says "Masters *", and column 15 says "Bachelors & 5 years of progressively responsible experience
will substiute for Master's and 2 yrs experience."


DHS/USCIS Published Rule as bellow for EB2/3 professionals .

If the petition is for a professional, the petition must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent degree and by evidence that the alien is a member of the professions. Evidence of a baccalaureate degree shall be in the form of an official college or university record showing the date the baccalaureate degree was awarded and the area of concentration of study. To show that the alien is a member of the professions, the petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.


Once again please send me PM with Edu end Exp details.Usually NSC won't send RFE - ONLY stright denials in fast few years. but you got RFE.

Hi Gurus,

I hava a PP I140 at NSC, day before yeserday I upgraded this to PP and today lawyer received an RFE for the same.

In the RFE, they are asking for this information...

Does anybody else has also received the SAME RFE, if yes how they responded to this...

submit evidence of the beneficiary's bachelor degree. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration and date of degree award, if any.

Please suggest something quickly...

Thanks,
Inder

lex_ind,
Already you addressed the issue in ETA with remedy - Any how- Please let us know once if you get labor approval and b4 140 filing.

My line no. 15 of the ETA Part A says:

*Employer will accept three years of university level studies plus two years of progressively responsible work experience as equivalent to a Bachelor's degree.

I've an Indian three year degree. I am expecting to file I-140 in couple of months. What are my chances for approval?

mansi,

As per USCIS LOGIC “You are NOT in a position to demonstrate that you have Baccalaureate Degree but you have Masters ". Then how could you make - USCIS accept their mistake. Finally you will be the Victim. So, always it is better to follow the LAW.

Hi guys,
it looks like my questions for you never end..sorry...here is one more:

The 6th yr H1 extn that I have got is till Feb 10, 2007 (altho' my 6 yrs get over on Jan 1 2007). My lawyer says that it is not our fault and that I can legally live and work in the US till Feb 10, 2007.

Is that correct? (I have read on many forums that it is not)?
Will making use of this mistake by INS create any problems later on? (e.g., when I get my visa stamped in India, etc).

thanks
Maansi