snails_pace_gc
Registered Users (C)
unitednations said:
This makes sense. EB2 is not meant for undereducated people.
3 years degree EB3, 140 at NSC - please advice
- Thread starter ashasree
- Start date
This makes sense. EB2 is not meant for undereducated people.
LaborCleared
Registered Users (C)
Un
UN,
Can you please take a look at this attachment pages # 52 & 53 and comment if USCIS advising the service centers to accept the combination of degree for Advanced degrees.
Thanks,
UN,
Can you please take a look at this attachment pages # 52 & 53 and comment if USCIS advising the service centers to accept the combination of degree for Advanced degrees.
Thanks,
LaborCleared said:
ajay_sanghvi
Registered Users (C)
Narennath said:
Naren,
My profile is the same as yours except that I have more work experience.
I would appreciate if you keep me updated as to what is the outcome of your I140 application.
thanks in advance
Non-RIR labor Approved without Recruitment - How to correct wrong ETA?
My Labor was filled as a EB2 RIR in 2002 requiring BS+5 years or Masters + 3 years, then it went to DOL Regional and then to BEC. In 2004 my division was acquired by another big company so new company filled all necessary paper work (Successor in interest etc). Also by mistake from Attorney office a non-RIR new ETA form was submitted to state agency with EB3 requirement, BS+2 years and everything else was copied from old ETA. Both were in BEC, in August/Sep this year there was one 45DL and then Approval.
We find out that Approval has PD of old ETA (2002) but approved ETA form is the one which was submitted two yars later in 2004 as NON-RIR with EB3 requirement (by mistake), And strange thing is that there was never a recruitment request from BEC/DOL for non-RIR case, Probably they mixed the two files at the time of data entry.
Because this was done as a mistake from Attorney office and then BEC/DOL made another mistake approving case without recruitment. As original case was filled as RIR and recruitment was done for that as a EB2 case. If BEC approved case based on the recruitment on file then Do you think that they should have approved old EB2 ETA.
My attorney sent an email request to BEC justifying that the recruitment were conducted for EB2 case so BEC should correct the ETA form and send original RIR EB2 ETA approval. And mentioned that the ETA which was approved by BEC was a NON-RIR and there was no recruitment done for that case so it should not be approved. There may be more detail but I don't have more information about the email.
Considering that whatever be the situation this case is already approved, What are the chances:
1) Do you think sending an email is appropriate thing in this case?
2) Is BEC going to cancel the approved labor and then look at the file again?
3) Is BEC going to reopen the case? Or As all processing is done on the case and now they will just send another ETA form?
4) Are they going to listen to the argument made by attorney?
5) Are they going to re-open the case and will work on this from start and will take years to get back?
6) Why BEC will not come back and ask attorney that you submitted new ETA form with EB3 requirements after the EB2 was filled so the last info must be correct and now we will consider this case as EB3? But then BEC will take years because they have to request for recruitment from employer, in that situation is it a mistake to even contact BEC about this, are there chances that it will be considered as non-RIR and the old RIR case will be closed?
7) Any other suggestion?
Information I provided are based on my conversation with Attorney I have not seen any document other than the Original ETA forms submitted by previous company so there may be more which I don't know but my attorney knows.
My Labor was filled as a EB2 RIR in 2002 requiring BS+5 years or Masters + 3 years, then it went to DOL Regional and then to BEC. In 2004 my division was acquired by another big company so new company filled all necessary paper work (Successor in interest etc). Also by mistake from Attorney office a non-RIR new ETA form was submitted to state agency with EB3 requirement, BS+2 years and everything else was copied from old ETA. Both were in BEC, in August/Sep this year there was one 45DL and then Approval.
We find out that Approval has PD of old ETA (2002) but approved ETA form is the one which was submitted two yars later in 2004 as NON-RIR with EB3 requirement (by mistake), And strange thing is that there was never a recruitment request from BEC/DOL for non-RIR case, Probably they mixed the two files at the time of data entry.
Because this was done as a mistake from Attorney office and then BEC/DOL made another mistake approving case without recruitment. As original case was filled as RIR and recruitment was done for that as a EB2 case. If BEC approved case based on the recruitment on file then Do you think that they should have approved old EB2 ETA.
My attorney sent an email request to BEC justifying that the recruitment were conducted for EB2 case so BEC should correct the ETA form and send original RIR EB2 ETA approval. And mentioned that the ETA which was approved by BEC was a NON-RIR and there was no recruitment done for that case so it should not be approved. There may be more detail but I don't have more information about the email.
Considering that whatever be the situation this case is already approved, What are the chances:
1) Do you think sending an email is appropriate thing in this case?
2) Is BEC going to cancel the approved labor and then look at the file again?
3) Is BEC going to reopen the case? Or As all processing is done on the case and now they will just send another ETA form?
4) Are they going to listen to the argument made by attorney?
5) Are they going to re-open the case and will work on this from start and will take years to get back?
6) Why BEC will not come back and ask attorney that you submitted new ETA form with EB3 requirements after the EB2 was filled so the last info must be correct and now we will consider this case as EB3? But then BEC will take years because they have to request for recruitment from employer, in that situation is it a mistake to even contact BEC about this, are there chances that it will be considered as non-RIR and the old RIR case will be closed?
7) Any other suggestion?
Information I provided are based on my conversation with Attorney I have not seen any document other than the Original ETA forms submitted by previous company so there may be more which I don't know but my attorney knows.
Bostonma786
New Member
I-140
Hello Everyone,
Please let me know what are the chances of getting my I-140 approved without any RFE. I have B'com ( 3 year degree ) from India and 5+ years of Exp before joining current employer. Following is the exact language from my labour. I have filed I-140 in the last week of October.
Box 14:
College Degree Required : Bachelor's *
Major Field of Study: Comp. sci, engg, math or Business
Experience: 2 yrs
Box 15 - Other Special Requirements:
*Bachelor's may be substituted with three years of university studies towards Bachelor's degree and three additional years of work experience.
ALSO, My 7th year H1 expires in May 07, I become eligible to file 8th year H1 extension in Dec 06.
My question is, say if I file for H1 extension and upgrade I-140 to PP in the same week and if they send RFE/deny I-140, is it going to effect my H1 extension process for the 8th year.
Any ideas/suggestions are greatly appreciated.
Thank you.
Hello Everyone,
Please let me know what are the chances of getting my I-140 approved without any RFE. I have B'com ( 3 year degree ) from India and 5+ years of Exp before joining current employer. Following is the exact language from my labour. I have filed I-140 in the last week of October.
Box 14:
College Degree Required : Bachelor's *
Major Field of Study: Comp. sci, engg, math or Business
Experience: 2 yrs
Box 15 - Other Special Requirements:
*Bachelor's may be substituted with three years of university studies towards Bachelor's degree and three additional years of work experience.
ALSO, My 7th year H1 expires in May 07, I become eligible to file 8th year H1 extension in Dec 06.
My question is, say if I file for H1 extension and upgrade I-140 to PP in the same week and if they send RFE/deny I-140, is it going to effect my H1 extension process for the 8th year.
Any ideas/suggestions are greatly appreciated.
Thank you.
Last edited by a moderator:
dying for GC
Registered Users (C)
I am in the same boat as you are...
Hi UnitedNations, ANIL and other Friends, very badly I need your hlep.
I am batchlors in arts and masters in computer science.(MCA). MY ETA col 14 says batchlors degree or equivalent - Major field of study - Computer science or related field.
I filed my labor in 2002 and got approved recently. Applied for I-140 and got an RFP. NSC is asking for evidence that the alien obtained the required Batchlors degree of computer science or related field before May 2002.
My lawyer said that he already submitted all the documents while he filed I-140. Don't know what else to send.
Since I don't have BSc computer science, how do I handle this RFE?
Could you please help.....
Hi UnitedNations, ANIL and other Friends, very badly I need your hlep.
I am batchlors in arts and masters in computer science.(MCA). MY ETA col 14 says batchlors degree or equivalent - Major field of study - Computer science or related field.
I filed my labor in 2002 and got approved recently. Applied for I-140 and got an RFP. NSC is asking for evidence that the alien obtained the required Batchlors degree of computer science or related field before May 2002.
My lawyer said that he already submitted all the documents while he filed I-140. Don't know what else to send.
Since I don't have BSc computer science, how do I handle this RFE?
Could you please help.....
Eb2 Labour-Important.
United and others
Can a labour with BS+5 yrs requiement without the alternate requirement of Ms+1 (or MS+0) fly as a eb2 i140 .
My attorney send me a labour draft with bs+5 as primary and Ms+1 as alternate requirement . As mentioned by united before, it had the sentence "any reasonable cobination of education and/or experience ......" so that it goes thru smoothly at the Labour stage . United mentioned that this sentence will be problematic at the i-140 eb2 phase.
if we removed the alternate requirement of MS , then this sentence will not be required and The labour can still be used for eb2 i-140..Let me know?
**p.s My education has been evaluated as 13 yrs of us equivalent high school +3yrs degree=Us bachelors . I know the sentence can save me in Eb3 if we decide to refile using the same labour for eb3. But i want to give the best shot for eb2.
United and others
Can a labour with BS+5 yrs requiement without the alternate requirement of Ms+1 (or MS+0) fly as a eb2 i140 .
My attorney send me a labour draft with bs+5 as primary and Ms+1 as alternate requirement . As mentioned by united before, it had the sentence "any reasonable cobination of education and/or experience ......" so that it goes thru smoothly at the Labour stage . United mentioned that this sentence will be problematic at the i-140 eb2 phase.
if we removed the alternate requirement of MS , then this sentence will not be required and The labour can still be used for eb2 i-140..Let me know?
**p.s My education has been evaluated as 13 yrs of us equivalent high school +3yrs degree=Us bachelors . I know the sentence can save me in Eb3 if we decide to refile using the same labour for eb3. But i want to give the best shot for eb2.
dying for GC said:
--My opinion would be to get an evaluation that shows your MCA as equivalent to bachelor's degree in US. NSC could still come back and say that MCA is a 3-year degree. Therefore, in your response letter to RFE, you have to emphasize that it is 3 years Master's degree that is being equated to Bachelor's in US ,and also, make a note that column#14 in the labor already mentions that it can accept bachelor's degree or equivalent.
Request for EB3 skilled worker category specifically.I would mention this in the letter as well.
Be open to others advice as well.
Good luck.
Sheila R Danzig
Registered Users (C)
Masters to = Bach
I have seen RFE's for this. A VERY experienced lawyer told me that USCIS does not like to see degrees of one level shown equivalent to a degree below it. If they did we could show the 3 year as equiv to an Associates and a Masters adding to it as eqiv to a bachelor's etc. I have never seen one of these approved. Has anyone else? It would be excellent if it worked.
Find a VERY experienced lawyer and get solid advice from someone who had done this many times before.
-Sheila
anilt75 said:
I have seen RFE's for this. A VERY experienced lawyer told me that USCIS does not like to see degrees of one level shown equivalent to a degree below it. If they did we could show the 3 year as equiv to an Associates and a Masters adding to it as eqiv to a bachelor's etc. I have never seen one of these approved. Has anyone else? It would be excellent if it worked.
Find a VERY experienced lawyer and get solid advice from someone who had done this many times before.
-Sheila
Please help...
Sheila and others what are my chances????
I-140 EB2 RFE, Switch to EB3
Really appreciate if anyone can shed some pointers/input.
I have been running behind this green card process for 6 years now and havent even crossed the first stage.
This is my info:
Company: A big one in bay area
Labour 1
Priority date: 08/2001
Receipt date: 10/2002
Remanded to State: 06/2003(Not auto-remanded, employer remanded).
@Dallas BEC center now(45 day letter received and responded June' 2006).
Job Description: MS in CS/MIS + 3 years, Will accept BS in CS/MIS or foreign degree equivalent + 5 years of progressive experience.
My Qualification: BSc., Zoology + PGCDS + 5 years experience. BSC and PGDCS was evaluated by a private evaluator to be equivalent to BS in CS/MIS at the time of filing.
Labour 2, PERM
PD: 06/2006, Approved on 11/2006
140 filed in premium processing for EB2, 11/15.
RFE issued on 11/17.
My attorneys are saying that this RFE is for three year degree but they are not detailing or showing me what it is.
What are my options now?
-If the case gets denied in EB2, can i immediately file the application in EB3 under premium processing?
- If i file in EB3 what is the chance of getting this approved given that the job description says BS+5years and if you add up my experience to qualification then i will not have the experience required for the job.
-Can i amend the pending labour application and make adjustments accordinglly so that when we file for 140/485 with the old one, to make sure that denial does not happen? Amedments in description to suite my education and experience. What is the process? Will it reset my priority date?
-any other options.
Thank you for reading through this email, I am loosing hope on GC and @my age with kids born and raised here, it is very difficult to relocate. Really appreciate your input.
--------------------------------------------
Sheila and others what are my chances????
I-140 EB2 RFE, Switch to EB3
Really appreciate if anyone can shed some pointers/input.
I have been running behind this green card process for 6 years now and havent even crossed the first stage.
This is my info:
Company: A big one in bay area
Labour 1
Priority date: 08/2001
Receipt date: 10/2002
Remanded to State: 06/2003(Not auto-remanded, employer remanded).
@Dallas BEC center now(45 day letter received and responded June' 2006).
Job Description: MS in CS/MIS + 3 years, Will accept BS in CS/MIS or foreign degree equivalent + 5 years of progressive experience.
My Qualification: BSc., Zoology + PGCDS + 5 years experience. BSC and PGDCS was evaluated by a private evaluator to be equivalent to BS in CS/MIS at the time of filing.
Labour 2, PERM
PD: 06/2006, Approved on 11/2006
140 filed in premium processing for EB2, 11/15.
RFE issued on 11/17.
My attorneys are saying that this RFE is for three year degree but they are not detailing or showing me what it is.
What are my options now?
-If the case gets denied in EB2, can i immediately file the application in EB3 under premium processing?
- If i file in EB3 what is the chance of getting this approved given that the job description says BS+5years and if you add up my experience to qualification then i will not have the experience required for the job.
-Can i amend the pending labour application and make adjustments accordinglly so that when we file for 140/485 with the old one, to make sure that denial does not happen? Amedments in description to suite my education and experience. What is the process? Will it reset my priority date?
-any other options.
Thank you for reading through this email, I am loosing hope on GC and @my age with kids born and raised here, it is very difficult to relocate. Really appreciate your input.
--------------------------------------------
Sheila R Danzig said:
Sheila R Danzig said:
--His ETA does not allow for combination of education. The only option(not that it works!) he's got right now is to prove that one of his degrees by itself ("single-source") is equivalent to BS in US. Another pitfall his attorney laid out for him is the major field of study. It is isolated to "computer science or related" field.
He has 2 degrees. MCA and 3-year bachelor's.
1) He could equate 3-Year Bachelor's degree to BS in US. However, his major field of study is not in computer science.
2) His MCA (Masters in Computer Applications) is a 3-year degree too. However, atleast, this matches field of study as required by ETA.
It appears to me, option#2 could be one of the stones he could throw in the dark. Does it work? Chances are very less. He needs tonnes of luck.
Hope he finds a better option.
Labor Approved in PERM, Ready to File I-140.
Dear UN and I-140 Gurus,
Please help, I have Labor certified through PERM process and attorney is ready to submit my I-140 application.
Please tell me how my chance of I-140 is getting approved, below are my details.
Thanks in Advance.
I have a Bachelors of Science of Degree From India (3 year Degree).
More than 10 years of IT experience.
Number of employees in the company 1000 with 100 million turnover.
My Labor Details:
Section H- Column 4.
Education Minimum Level Required (Bachelors)
Column 4-B
Major Field of Study (Computer Information Systems)
Column 5
Is Training Required in the Job Opportunity (NO)
Column 6
Is experience in Job Offered required for the job (YES)
Column 6-A
If YES number of months experience required (12)
Column 8
Is there an alternate combination of education and experience that is acceptable? (YES)
Column 8-A
If Yes in Column 8, Specify the alternate level of education required: (OTHER)
Column 8-B
If other is indicated in column 8-A, Indicate the alternate level of education required:
(4 Years Postsecondary ed, professionally evaluated as equiv to US Bach of Sc.) This is my confusing part.
Column 9
Is foreign educational equivalent acceptable? (YES)
*Column 14
Specific skills or other requirements -
*(Employer will accept all suitable combinations of education, training, and experience.)
Thanks In Advance
Ram.
Dear UN and I-140 Gurus,
Please help, I have Labor certified through PERM process and attorney is ready to submit my I-140 application.
Please tell me how my chance of I-140 is getting approved, below are my details.
Thanks in Advance.
I have a Bachelors of Science of Degree From India (3 year Degree).
More than 10 years of IT experience.
Number of employees in the company 1000 with 100 million turnover.
My Labor Details:
Section H- Column 4.
Education Minimum Level Required (Bachelors)
Column 4-B
Major Field of Study (Computer Information Systems)
Column 5
Is Training Required in the Job Opportunity (NO)
Column 6
Is experience in Job Offered required for the job (YES)
Column 6-A
If YES number of months experience required (12)
Column 8
Is there an alternate combination of education and experience that is acceptable? (YES)
Column 8-A
If Yes in Column 8, Specify the alternate level of education required: (OTHER)
Column 8-B
If other is indicated in column 8-A, Indicate the alternate level of education required:
(4 Years Postsecondary ed, professionally evaluated as equiv to US Bach of Sc.) This is my confusing part.
Column 9
Is foreign educational equivalent acceptable? (YES)
*Column 14
Specific skills or other requirements -
*(Employer will accept all suitable combinations of education, training, and experience.)
Thanks In Advance
Ram.
tanveer666
New Member
Plaese Help
Hello Freinds
In My LC Column 14 says Bachelors & Column 15 is blank .
I am BCOM & MCOM as well ACMA from pakistan .
My Attroney did not even mentioned my M . Com Degree in my LC since I did not have the copy of my M com degree at that time
UNITED NATION & GRUS please let me know will I face some problem at I-140 stage .
Thanks
Tanveer
Hello Freinds
In My LC Column 14 says Bachelors & Column 15 is blank .
I am BCOM & MCOM as well ACMA from pakistan .
My Attroney did not even mentioned my M . Com Degree in my LC since I did not have the copy of my M com degree at that time
UNITED NATION & GRUS please let me know will I face some problem at I-140 stage .
Thanks
Tanveer
neerajkhan
Registered Users (C)
Hi Gurus,
I recently filed my I-140 with NSC under EB2 category. Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.
I am an Mcom,
with 3 year Bcom (Honors) Delhi university,
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).
I also have 1 month full time Oracle Financials Training certificate from concourse Information Technology Internationals (full time)
a 3 month Essentials of Oracle certification from NIIT. Besides 6 years of experience in IT field (as on the date when my labor was filed).
My credential evaluation report mentions as follows:
"Mr. Neerajkhan’s master degree is considered to be academically equivalent to a Master of business Administration as awarded by an accredited U.S university. Admission to this program required a bachelor’s degree. His bachelor's degree is equivalent to a bachelor of science in business administration as awarded by am accredited U.S university. He also has a major in Computer Science based on extensive studies he completed in computer science and the awarding of two Post Graduate diplomas in computer science. This course of study is equivalent to the credits required by U.S universities for a major in computer science. Admission to the bachelor's program required the equivalent to a U.S high school diploma."
What are my chances of getting I-140 approved?
Please advice.
I recently filed my I-140 with NSC under EB2 category. Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.
I am an Mcom,
with 3 year Bcom (Honors) Delhi university,
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).
I also have 1 month full time Oracle Financials Training certificate from concourse Information Technology Internationals (full time)
a 3 month Essentials of Oracle certification from NIIT. Besides 6 years of experience in IT field (as on the date when my labor was filed).
My credential evaluation report mentions as follows:
"Mr. Neerajkhan’s master degree is considered to be academically equivalent to a Master of business Administration as awarded by an accredited U.S university. Admission to this program required a bachelor’s degree. His bachelor's degree is equivalent to a bachelor of science in business administration as awarded by am accredited U.S university. He also has a major in Computer Science based on extensive studies he completed in computer science and the awarding of two Post Graduate diplomas in computer science. This course of study is equivalent to the credits required by U.S universities for a major in computer science. Admission to the bachelor's program required the equivalent to a U.S high school diploma."
What are my chances of getting I-140 approved?
Please advice.
Last edited by a moderator:
Dear UN/I140 gurus
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
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