3 years degree EB3, 140 at NSC - please advice

I140 at NSC on EB2

Hello,

I have a 3 year bachelors degree of commerce from INDIA and have more than 5 years of experience when the EB2 labor was done.

Here's what My ETA says "

H.4 – Education Minimum level required : Bachelors
H.4B – Major field of study : Math, Science or Related.
H.5 – Is training required in the job : NO
H.6 - Is exp in the job required for the job - YES
H.6A - If yes, no. of months required - 60
H.7 - Is there an alternate field of study that is acceptable – YES
H.7A- If Yes, specify major field of study: Business
H.8 - Is there an alternate combination of of education and experience that is acceptable -YES
H.8.A - If yes, specify the alternate level of experience required – MASTER’s
H.8.C - If applicable, indiate the no, of yrs of experience - 3
H.9 - Is a foreign educational equivalent acceptable -YES
H.10 - Is exp in an alternate occupation acceptable - NO
H.10.A - If yes, no. of months needed -
H.14 – Specific Skills or other requirements :
*Will accept progressive experience
* Will accept any combination of education, training, and experience


Based on the above, what are chances I have to get the I140 approved??
Anyone please answer.
Thanks
 
Hope with the 3 yr degree?

All,
Please read this

http://timesofindia.indiatimes.com/a...how/361070.cms

If this is the case, USCIS should be accepting 3 years Indian degree as equivalent to American degrees.

Even otherwise, why is this policy different for Indians from other Europeon countries where the USCIS accepts British and French 3 years(12+3) degree as equivalent to American degrees.
India follows the same British education system.
Isn't this a open racial discrimination in the so called Free country?
 
This URL will take you teh article

http://timesofindia.indiatimes.com/articleshow/361070.cms

victim#1 said:
All,
Please read this

http://timesofindia.indiatimes.com/a...how/361070.cms

If this is the case, USCIS should be accepting 3 years Indian degree as equivalent to American degrees.

Even otherwise, why is this policy different for Indians from other Europeon countries where the USCIS accepts British and French 3 years(12+3) degree as equivalent to American degrees.
India follows the same British education system.
Isn't this a open racial discrimination in the so called Free country?
Click to expand...
 
LaborCleared said:
British does not have a 3 year and 4 years degree as India. Where as India has 4 year engg etcc and 3 year bsc, bcom, ba and that is the problem with 2 patterns of bachelors.
Click to expand...

As long as they are accepting 12+3 for UK, they should be accepting the same for India too.
 
US Immigration law clearly states that bachelors degree as requirement for Professionals category.

Bachelors here in US means 4 years.

USCIS is right in correctly interpreting the law and rejecting 3 year degrees for EB2.

For all 3 year degree holders, there is solution: Get Labor cleared with no degree requirement + 2 years of experience; then file in EB3 skilled worker category. You will not have any issues with 140.

Equating 3 year degree to 4 years by anyone is NOT going to work.
 
Internal memo USCIS

This the text for evaluating EB2 cases: Sounds positive :)
In this

regard, the key factor is not whether a combination of more than one of the foreign

degrees or credentials is comparable to a single U.S. bachelor’s degree, but rather

that a combination of foreign degrees or credentials meets the educational

requirements that have been specified by the employer on individual labor

certification approved by the Department of Labor.


LaborCleared said:
UN/Gurus,
As what I understand USCIS is allowing for combination of degrees to prove equivalent to US Bachelors. Please go to www.immigration-law.com and click on Breaking News and then click on

USCIS Internal Adjudication Manual for Employment-Based Immigration Petitions (I-140, I-360, ETC) link

(Internal Adjudication Manual is the link)

and read thru pages 52 & 53. I have attached D) Advanced Degree Position with this write up. Please read this and post your opinions if HQ is advicing SC to accept combination in EB2 or not.

UN,
We need your expert comments on this please.
Click to expand...
 
Attornyes

I have already submitted this .pdf to couple of attorneys for their interpretation and comments if this memo is indeed a new one and if they are not aware of this memo earlier. None of them have come back to me but I am positive that they might have a say atleast some time next week or after thanksgiving.
 
disparity

There is disparity in india bachelors. Like I emplained earlier some have 4 yrs bachelors and some have 3 years but as far as I know british has only 3 years bachelors. That is the reason they accept british 3 year but not india 3 year. I can understand your statement but unfortunately it is what it is.

victim#1 said:
As long as they are accepting 12+3 for UK, they should be accepting the same for India too.
Click to expand...
 
memo

LaborCleared said:
I have already submitted this .pdf to couple of attorneys for their interpretation and comments if this memo is indeed a new one and if they are not aware of this memo earlier. None of them have come back to me but I am positive that they might have a say atleast some time next week or after thanksgiving.
Click to expand...
I did the same thing. Let us see what the lawyer says. This memo is dated sep 2006. May be not many people are aware of this yet !!
 
I140 Approval chances..

Hello United Nations/ Anyone,

I have a 3 year bachelors degree of commerce from INDIA and have more than 5 years of experience before applying for EB2 labor. My Labor was approved.

Here's what My ETA says "

H.4 – Education Minimum level required : Bachelors
H.4B – Major field of study : Math, Science or Related.
H.5 – Is training required in the job : NO
H.6 - Is exp in the job required for the job - YES
H.6A - If yes, no. of months required - 60
H.7 - Is there an alternate field of study that is acceptable – YES
H.7A- If Yes, specify major field of study: Business
H.8 - Is there an alternate combination of of education and experience that is acceptable -YES
H.8.A - If yes, specify the alternate level of experience required – MASTER’s
H.8.C - If applicable, indiate the no, of yrs of experience - 3
H.9 - Is a foreign educational equivalent acceptable -YES
H.10 - Is exp in an alternate occupation acceptable - NO
H.10.A - If yes, no. of months needed -
H.14 – Specific Skills or other requirements :
*Will accept progressive experience
* Will accept any combination of education, training, and experience


Based on the above, what are chances I have for getting the I140 approved??

Anyone please answer.
Thanks
 
Pls help me

I got my LC aproved on Nov 5 th.But i didn't receive any docs from BEC.Is there any rule that we should apply for I-140 within 45 days of labor approval? Or can i wait until i get my labour certified papers. Is that rule only for labour substitution? Pls some one answer....
 
somisc said:
I got my LC aproved on Nov 5 th.But i didn't receive any docs from BEC.Is there any rule that we should apply for I-140 within 45 days of labor approval? Or can i wait until i get my labour certified papers. Is that rule only for labour substitution? Pls some one answer....
Click to expand...

There's no time limit on when you file I-140 after lc is approved. It's better to file I-140 after you receive the official approved lc but you can start prepare paperwork as it will take awhile to get all the document.
 
applying for 3 yrs H1 extn

Hi Guys,
a quick question - I hope someone will be able to resolve this doubt.

1) I know that till sometime back you could apply for the 3 yr extension only if uyou were within 6 months of the H1 expiry date.
Does that still hold?

2) I also read somewhere on the net that
"Under the change in policy announced in July 2004, it is permissible for an employer to file any H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. The start date requested on an H1B extension must be after the time when the Labor or I-140 petition has been pending for over 365 days"

Does that mean that sine my LC was filed in Feb 2006, and my H1 expires in Jan 2007, the start date requested cannot be before Feb 2007? Doesn't make any sense to me!

can someone pls throw some light on this?

thanks
M
 
"1) I know that till sometime back you could apply for the 3 yr extension only if uyou were within 6 months of the H1 expiry date.
Does that still hold? "

--IMO, H1B extension can be applied even a day before current H1B's expiration date. Petition must be recieved/acknowledged by USCIS on or before expiration date.But how far ahead can one apply for the H1B extension? To address that, USCIS has come up with 6 month timeframe window. You can apply for future H1B extension(for the same job by the same employer) when the current H1B period(you are extending) is valid for less than(or equal to) 6 months.


"2) I also read somewhere on the net that
"Under the change in policy announced in July 2004, it is permissible for an employer to file any H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. The start date requested on an H1B extension must be after the time when the Labor or I-140 petition has been pending for over 365 days"

Does that mean that sine my LC was filed in Feb 2006, and my H1 expires in Jan 2007, the start date requested cannot be before Feb 2007? Doesn't make any sense to me!
can someone pls throw some light on this?"

--Based on my understanding, it means you should calculate the number of days to the H1B EXPIRATION since the day your labor was petitioned.If it is leading upto 365 days , you are qualified to apply for H1B extension beyond 6-year limit. The text above is reinstating that it need not be 365 days(since the day labor was petitioned) TO THE DAY YOU ARE APPLYING FOR EXTENSION. Because, you could be applying for extension ahead of current H1B expiration.

365 days = (day labor was petitioned) thru (H1b expiration day).
Dont count 365 days as (day labor was petitioned) thru (application for h1b extension).

Certain categories for GC dont require labor certification. In that case, one can substitute labor by I-140 and do the math.

In case a labor is required, I-140 is approved and visa numbers are retrogressed, you are entitled to 3-year extension REGARDLESS of whether labor is petitioned 365 days ago or not.

Maansi, just apply for 3-year H1B extension by attesting approved copies of I-140 and labor. You dont have to worry about counting 365 days.
 
anilt75 said:
"1) I know that till sometime back you could apply for the 3 yr extension only if uyou were within 6 months of the H1 expiry date.
Does that still hold? "

--IMO, H1B extension can be applied even a day before current H1B's expiration date. Petition must be recieved/acknowledged by USCIS on or before expiration date.But how far ahead can one apply for the H1B extension? To address that, USCIS has come up with 6 month timeframe window. You can apply for future H1B extension(for the same job by the same employer) when the current H1B period(you are extending) is valid for less than(or equal to) 6 months.

<<Thanks Anil. This was actually for my husband's H1 (his H1 6 yrs expire Aug 07). We are planning a long overdue trip to India in Jan 2007, and felt it would be better if we had his 3 yr extn papers too, since that might make it easier in the visa interview at India.
But it seems from your response that that is not an option.

Any thoughts on whether the 3 yr extn papers are "recommended" for the visa interview? >>


"2) I also read somewhere on the net that
"Under the change in policy announced in July 2004, it is permissible for an employer to file any H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. The start date requested on an H1B extension must be after the time when the Labor or I-140 petition has been pending for over 365 days"

Does that mean that sine my LC was filed in Feb 2006, and my H1 expires in Jan 2007, the start date requested cannot be before Feb 2007? Doesn't make any sense to me!
can someone pls throw some light on this?"

--Based on my understanding, it means you should calculate the number of days to the H1B EXPIRATION since the day your labor was petitioned.If it is leading upto 365 days , you are qualified to apply for H1B extension beyond 6-year limit. The text above is reinstating that it need not be 365 days(since the day labor was petitioned) TO THE DAY YOU ARE APPLYING FOR EXTENSION. Because, you could be applying for extension ahead of current H1B expiration.

365 days = (day labor was petitioned) thru (H1b expiration day).
Dont count 365 days as (day labor was petitioned) thru (application for h1b extension).

Certain categories for GC dont require labor certification. In that case, one can substitute labor by I-140 and do the math.

In case a labor is required, I-140 is approved and visa numbers are retrogressed, you are entitled to 3-year extension REGARDLESS of whether labor is petitioned 365 days ago or not.

Maansi, just apply for 3-year H1B extension by attesting approved copies of I-140 and labor. You dont have to worry about counting 365 days.
Click to expand...

<<Thanks Anil. I have applied for the extension already.
However, my VISA EXPIRATION IS IN JAN 2007, and the LABOR WAS PETITIONED N FEB 2006. So, even though I can -- and did -- apply for the H1 extn, I will not qualify for it till FEB 2007? (since the gap between labor petition and H1 expiry is 11 months?). How do I work from Jan 2007 to Feb 2007 then, since my old H1 has expired and the extension does not get effective till Feb 2007?>>

As always, much thanks
M
 
maansi28 said:
<<Thanks Anil. I have applied for the extension already.
However, my VISA EXPIRATION IS IN JAN 2007, and the LABOR WAS PETITIONED N FEB 2006. So, even though I can -- and did -- apply for the H1 extn, I will not qualify for it till FEB 2007? (since the gap between labor petition and H1 expiry is 11 months?). How do I work from Jan 2007 to Feb 2007 then, since my old H1 has expired and the extension does not get effective till Feb 2007?>>

As always, much thanks
M
Click to expand...


--They will give new H1b for 3-years starting from your current H1b's expiration date. They dont care about when labor was petitioned. If your extension is approvable, then they always make it a point to extend it from the DAY OF CURRENT H1B EXPIRATION. You wont have any lapse between current H1B and the extended one.
 
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