3 years degree EB3, 140 at NSC - please advice

Maansi/UN/all

I believe - USCIS accepting for premium service for second filing of a form I-140 petition- when an initial form I-140 was not pending.

In this scenario - an original labor certificate is with initial I-140 petition. It means Original Labor Certificate is with USCIS but not included with second I-140 form.

Am I correct?
 
combining

sarathynp said:
I have gone through this forum and looks like lot of interesting discussions.

I want an expert opinion on my case:
My qualification:
10 yrs + 3 years diploma n mech engg + AMIE in mech engg (Section A & B ) + PG diploma in computer appications (1.5 years)Exp 10+ years
MY LC is approved:
column 14:
Education (no of years) left blank
College degree reqired? Master's or Equivalent*
Major field of study: computer science, engg, Biz or related field
Column 15
* Master's degree in computer science, engg, Biz or related field plus 3 yrs of software engg exp or euilvalent )Bachelor's in computer science, engg, Biz or related field follwed by 5 years of progressive engg expertise)


Now I need to apply for I-140 My lawyer says EB3 not EB2.
Can somebody suggest?
Also let me know my AMIE is equivalent to how many years?
Though I am equated to degree based on 3 yr diplma + amie, is it considered as Degree from multiple sources? (everything is engg)

Thanks in advance.
Click to expand...
Combining the diploma + amie is not a single source degree which you would need for EB2 and EB3.
The following has been posted before but I bring it to your attention again from the last annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas.

"For employment-based immigrant visa purposes (aka green card), the U.S.
Citizenship and Immigration Services (USCIS) will not equate a three-year
diploma plus a post-baccalaureate diploma as being the equivalent of a U.S.
Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the
USCIS does not accept a combination of academic background and work
experience as being the equivalent of a U.S. Bachelor's Degree for "green
card" purposes"

This means that the I-140 requires a single source degree evaluation and
that you can *not* combine a 3 year degree/diploma and and any other education or work experience. The 3 year degree must be shown as equivalent to a US bachelor's degree on its own. You may want to ask your lawyer why s/he thinks you can combine for EB3.
 
EB2 or EB3 dilemma for many

Guys/Gurus,
I have spoken to 5 different attorneys from 5 different law firms on the 3 year + 2 year (PG like M.Sc, MBA ect) degree issue aksing whether that will qualify into EB2 or EB3 category. All 5 attorneys said 3 yr + 2 yr shall be equivalent to Bachelors and if one has 5 years of exp. after the education then their case will be ok even with NSC in EB2. They said that job title for the furute (GC JOb) also plays a role in determining if that is to be qualified into EB2 or EB3. But I have been reading on this forum about denials with 3+ years degree in EB2.

Do you think what these attorneys said was true?

If that was not true then why would they say the case will be ok in EB2 though I did not insist on EB2. I asked them to file in appropriate EB category.

Do you know one has success with combination of degrees in EB2 with appropirate wording about the education, title ect in the education evaluation, ads or LC itself?

Best Regards,

sarathynp said:
I have gone through this forum and looks like lot of interesting discussions.

I want an expert opinion on my case:
My qualification:
10 yrs + 3 years diploma n mech engg + AMIE in mech engg (Section A & B ) + PG diploma in computer appications (1.5 years)Exp 10+ years
MY LC is approved:
column 14:
Education (no of years) left blank
College degree reqired? Master's or Equivalent*
Major field of study: computer science, engg, Biz or related field
Column 15
* Master's degree in computer science, engg, Biz or related field plus 3 yrs of software engg exp or euilvalent )Bachelor's in computer science, engg, Biz or related field follwed by 5 years of progressive engg expertise)


Now I need to apply for I-140 My lawyer says EB3 not EB2.
Can somebody suggest?
Also let me know my AMIE is equivalent to how many years?
Though I am equated to degree based on 3 yr diplma + amie, is it considered as Degree from multiple sources? (everything is engg)

Thanks in advance.
Click to expand...
 
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Sheila R Danzig said:
This means that the I-140 requires a single source degree evaluation and
that you can *not* combine a 3 year degree/diploma and and any other education or work experience. The 3 year degree must be shown as equivalent to a US bachelor's degree on its own. You may want to ask your lawyer why s/he thinks you can combine for EB3.
Click to expand...


If the above was true then why are we seeing approvals in EB3 "Skilled or Professional" with combination of education. The above seems to be applying the law (if at all there is a law like that) to all categories similarly but why is there a difference in practical application?
 
Following is the official NSC policy, regarding 3 year degree holders.

EB3:
If the ETA Form 750 specifies "bachelor’s degree or equivalent," the alien must hold a foreign degree which is equivalent to a U.S. bachelor’s degree. The only exception would be where the ETA Form 750 has been certified as having a different definition for "equivalent," such as allowing a combination of education, training and/or experience which has been professionally evaluated as being equivalent to a bachelor’s.

EB2:
Evidence that the beneficiary possesses a United States baccalaureate degree or a foreign equivalent degree and is a member of the professions. For E32 classification as a professional, "foreign equivalent" means a foreign degree that is equivalent to a U.S. bachelors degree. No combinations of lesser degrees, work experience and/or training can be substituted for the actual attainment of a U.S. bachelors degree or its foreign equivalent degree.


The information posted above is THE interpretation of immigration law by NSC. All other Service Centers also follow the same. No exception.

It is being followed by Officers of Service Centers while judging the beneficiary's eligibility for EB3 or EB2.
 
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Thanks for this

Sapking,
Thanks for your fast reply with NSC official policy. Is it just for NSC only or TSC too? Can you please point me and other forum members to the source of this interpretation so that future GC applicants can file in correct categories. Is this only the NSC interpretation of law?

Thanks once again for the valuable info you provided.


sapking said:
Following is the official NSC policy, regarding 3 year degree holders.

EB3:
If the ETA Form 750 specifies "bachelor’s degree or equivalent," the alien must hold a foreign degree which is equivalent to a U.S. bachelor’s degree. The only exception would be where the ETA Form 750 has been certified as having a different definition for "equivalent," such as allowing a combination of education, training and/or experience which has been professionally evaluated as being equivalent to a bachelor’s.

EB2:
Evidence that the beneficiary possesses a United States baccalaureate degree or a foreign equivalent degree and is a member of the professions. For E32 classification as a professional, "foreign equivalent" means a foreign degree that is equivalent to a U.S. bachelors degree. No combinations of lesser degrees, work experience and/or training can be substituted for the actual attainment of a U.S. bachelors degree or its foreign equivalent degree.
Click to expand...
 
wrong

LaborCleared said:
Guys/Gurus,
I have spoken to 5 different attorneys from 5 different law firms on the 3 year + 2 year (PG like M.Sc, MBA ect) degree issue aksing whether that will qualify into EB2 or EB3 category. All 5 attorneys said 3 yr + 2 yr shall be equivalent to Bachelors and if one has 5 years of exp. after the education then their case will be ok even with NSC. They said that job title for the furute (GC JOb) also plays a role in determining if that is to be qualified into EB2 or EB3. But I have been reading on this forum about denials with 3+ years degree in EB2.

Do you think what these attorneys said was true?

If that was not true then why would they say the case will be ok in EB2 though I did not insist on EB2. I asked them to file in appropriate EB category.

Do you know one has success with combination of degrees in EB2 with appropirate wording about the education, title ect in the education evaluation, ads or LC itself?

Best Regards,
Click to expand...

All of the lawyers are wrong. See (posted in numerous places) the post from the AILA (American Immigration Lawyers Assoc) about this matter. Why don't you use UN (posts here often) to help you file.
 
Confusion

I know one of my best friends got his 140 approved in EB2 with his 3+2 degrees from TSC as recently as April/May 2006 without RFE and that case was approved in less then 6 weeks. So, I was hoping that there might be a way out which is not explored yet. But it seems like I am gonna throw my towel in the dark.

Like I said in my previous posting that I have been reading the denials at 140 stage and some have even posted whats there in their LC's, none of the LC had the requirements with combination and 60 months of experience. So, I was thinking that was making the difference. EX: one use Maansi had 3+3 education but if I remember correct her LC required 24 months of exp.

I have been trying to get UN file my case but he is not responding my emails about taking up my case. Otherwise he is responding to my other questions.

Sheila R Danzig said:
All of the lawyers are wrong. See (posted in numerous places) the post from the AILA (American Immigration Lawyers Assoc) about this matter. Why don't you use UN (posts here often) to help you file.
Click to expand...
 
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Consider consulting Murthy Law Firm. They are experts in immigration.

I never dealt with them, however.
 
You know , Before bi specilization except NSC all service center used to accept if evaluation say BS/MS for the ETA BS/MS.

You have to notice that Even Now there is no issues on education in TSC.

Only the issue if your case files with NSC. Then you have to consider alll Published guide lines.

Even Attornies - They have to experience once with their case with this NSC LOGICS then only they will realise.Till that point of time they talks any thing.


LaborCleared said:
I know one of my best friends got his 140 approved in EB2 with his 3+2 degrees from TSC as recently as April/May 2006 without RFE and that case was approved in less then 6 weeks. So, I was hoping that there might be a way out which is not explored yet. But it seems like I am gonna throw my towel in the dark.

Like I said in my previous posting that I have been reading the denials at 140 stage and some have even posted whats there in their LC's, none of the LC had the requirements with combination and 60 months of experience. So, I was thinking that was making the difference. EX: one use Maansi had 3+3 education but if I remember correct her LC required 24 months of exp.

I have been trying to get UN file my case but he is not responding my emails about taking up my case. Otherwise he is responding to my other questions.
Click to expand...
 
Filing 140 online

Then I think filing I-140 online and making it to go to TSC is the only way left for people with combination of degrees to get their cases approved in EB2. All the attorneys I spoke to are not filing 140 online. I dont know how difficult is it for them to file online. Even Murthy is not filing them online.

A0001 said:
You know , Before bi specilization except NSC all service center used to accept if evaluation say BS/MS for the ETA BS/MS.

You have to notice that Even Now there is no issues on education in TSC.

Only the issue if your case files with NSC. Then you have to consider alll Published guide lines.

Even Attornies - They have to experience once with their case with this NSC LOGICS then only they will realise.Till that point of time they talks any thing.
Click to expand...
 
unitednations said:
Personally, if lawyers/company/ourselves knew this issue ahead of time; then we could have done it correctly.

However, once you come into a problem then main solution is to prove year equals 4 year.

I do know some people who are starting the process and I tell them risks of eb2 versus eb3 if they don't have single 4 year degree. Since perm labors get approved pretty fast then the risk is mainly monetary and not time since you don't lose much time if you have to do the perm again. The risk/reward of getting it in eb2 and shaving a few years of getting a greencard is probably worth it. I file every I-140 on-line to get it to go to Texas. They are faster, more predicatable and easier on evaluations.

Note: I have seen denials from Texas. Main thing I have seen in denials is "field of study" mismatch.

Regarding Nebraska - In clean cases I haven't seen denials using 4 year evaluation (ie., no rfe/no denial). Earlier this year there were a number of cases that did get approved from Nebraska and a number of them also went to appeals office.

When a case goes to appeals office; you can essentially forget about it getting approved.

Trying to criticize Sheila when she is trying to help on the back end in my opinion is just wrong. It is sort of blaming an appeals lawyer for something going wrong when it should be the original trial lawyer who should get the blame.

Note: I do send/direct people to Sheila. As she gets feedback from RFE's, attornies; does more research; the back-up arguments she uses has gotten stronger and stronger. It is starting to get more difficult for USCIS to counter it. The back-up documents/arguments she uses are "not her opinion" but from other sources.

You guys might complain about the cost but the revenue generated from her over these types of evaluations are very small in the overall revenue stream of doing evaluations.

I'm glad she has thick skin. If people were criticizing her she could just stop doing it. She has many lawyers who proactively send her cases. If you really want the culprits then people should list the attornies who filed the labors and did the mistake; not the person who is cleaning it up on the back end.
Click to expand...

In one of your postings, you implied that Sheila has had success at NSC in appeals but here you are asking to forget about getting approved once case goes to AAO. Which of these statements is accurate? I am not trying to pick on you, just trying to get some information so as to help me make my decision. Thanks.
 
UN...or Maani




I believe - USCIS accepting for premium service for second filing of a form I-140 petition- when an initial form I-140 was not pending.

In this scenario - an original labor certificate is with initial I-140 petition. It means Original Labor Certificate is with USCIS but not included with second I-140 form.

Am I correct?
 
ok What should I do?

Any suggestions what I should do?

Is there a way to change the LC such that "bachelor or euivalent" ? Will it help?

Somebody said I can file PERM (with refernce to existing LC) still holding the priority date. Is that true?

Last choice may be - forget everything and get out of the country

Sheila R Danzig said:
Combining the diploma + amie is not a single source degree which you would need for EB2 and EB3.
The following has been posted before but I bring it to your attention again from the last annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas.

"For employment-based immigrant visa purposes (aka green card), the U.S.
Citizenship and Immigration Services (USCIS) will not equate a three-year
diploma plus a post-baccalaureate diploma as being the equivalent of a U.S.
Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the
USCIS does not accept a combination of academic background and work
experience as being the equivalent of a U.S. Bachelor's Degree for "green
card" purposes"

This means that the I-140 requires a single source degree evaluation and
that you can *not* combine a 3 year degree/diploma and and any other education or work experience. The 3 year degree must be shown as equivalent to a US bachelor's degree on its own. You may want to ask your lawyer why s/he thinks you can combine for EB3.
Click to expand...
 
unitednations said:
which posting said there was success in appeals decisions?

EB3 appeals take 18 months.

I only know of one appeals decision that has come back and it was denied.
Click to expand...

Here is the posting I was referring to. Maybe you meant success in RFEs only but on first read it seemed like you were saying that Shiela had success with denials as well.


Originally Posted by A0001

NO ONE reported the success with Sheila’s evaluation on RFE's or Denials in NSC.


Appeals thread proving that Sheila’s evaluation not accepted by AAU or NSC on any case.
Click to expand...

Originally Posted by unitednations

How big is your sample size? The amount of denials/rfe's is very large in relation to the number of postings on the forums.

Please do not generalize. I talk/discuss with many people. I know many successes in Nebraska and many cases currently sitting at appeals office.
Click to expand...
 
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Changing approved labor

Hi UN and others,
I went through this forum but still I have these questions:

1. I know my LC 14* comments need to be adjusted to pass by combined degree. LC is already approved. Is there a way to amend that ?
2. My PD is May 2003 which I do not want to loose, because the lawyer made mistake. Is there a way to file PERM maintaining the same PD? Somebody said this is possible.
Would appreciate your inputs. I have not filed I-140 because of all these confusions. First I am trying to bet my 7th year extnsion beffore I do anything.

unitednations said:
Some times I don't know about people.
.
Click to expand...
 
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3 year degree issues

fcukNSC said:
Here is the posting I was referring to. Maybe you meant success in RFEs only but on first read it seemed like you were saying that Shiela had success with denials as well.
Click to expand...
We have a very high success in NSC. Virtually 100% with new labor certificates and I-140's. We have good results with RFE's, but not 100%, and we have had some MTR's approved after a denial. We do NOT recommend that anyone go to the appeals office - they are much better refiling with a new I140.
We used to let the lawyers make the decision whether or not to appeal, as we thought they would know more about appeals, but they don't.
 
Frustrated

UN/Gurus/Experts,
I am really frustrated with the tactics of both the employer and USCIS in delaying the GC/process. I have 2 I-140's approved, one in EB2 but was laid off and then the 2nd one with consulting company with the PD of 2004 in EB3. This employer is not helping me in getting hte old PD from 1st 140.

Now with the PD of 2004 in EB3 it could take 4-5 years (as per present trend) to get the GC I am thinking other alternatives. I need valuable suggestions from experts/gurus on the below issue.

I have 2 friends who has companies 1 in NJ and 2nd in TN. Both of them are showing profits which are almost equal to Prevailing Wage and also they have very decent net assets. Both profit + net assets will be much more than Prevailing Wage in their respective states. (NJ co has 70k profit + 30k net assets, PW for EB2 in NJ-county is 72K & TN co has 40k profit and 55k net assets, PW for EB2 in that TN-county is 52K and PW for EB3 is 35K). Right now they do not have any employees. If I change my H1 to either of the company they would still maintain the same or more profits out of their regular business. My billing will be additional to their already profit making business. Bottomline my pay will NOT be made from their profits but will be paid from the billing we receive from my client/vendor. I have 3 years degree + 2 years MBA from India with more than 5 years of exp.

With the above said situation do you foresee any problem either with ability to pay or me being the only employee or any other problem.

How many years of tax returns does DOL or USCIS (NSC) might need?

Actually I am asking them to help people like me so that it can be a win-win situation for every body.

Thanks Gurus,
 
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