3 years degree EB3, 140 at NSC - please advice

kgp said:
No you are fine and can continue to next stage.
No he cannot continue He has to file an amendment to I-140. Or else in the next stage he has to take AC-21 route.



Also make sure that H1 gets amended.
 
Last edited by a moderator:
RFE: Timeframe to reach Attorney

Can anyone tell how long it takes for RFE to reach Attorney office from the date when it is issued by USCIS, for My I-140 Premium Processing RFE was sent on 02/09/07 (As per online message)

1. As it is a LC Substitution case: Attorney submitted ETA 750 Part B form: page 2 has my signature (Column 16), and because there are 7 employers for me so Column 15th on one page is not enough so addition page was attached but this additional page is not same as ETA 750 Part B PAGE 2, as it does not have Column 16th on the bottom and it does not ask ALIEN signature rather there was a blank column and attorney asked my manager to sign it, it was totally strange.

2. Substitute labor requirement is for simple: Master Degree in EE, nothing else is mentioned like whether equivalent degree will be accepted or not, and I meet the Masters Degree in EE requirement by virtue of equivalent degree (Indian Degree).

kgp
 
Last edited by a moderator:
LC requires MS NSC-RFE need BS

Finally RFE is received in Attorney office: in the RFE NSC requested a copy of my Foreign Bachelors Degree.

My LC requires Masters Degree in Engineering + 2 year experience and I-140 (Premium Processing) was filled based on that I meet the requirement by having a Masters Degree in Engineering equivalent to a US Masters Degree Plus 2 years experience.

Any suggestion why NSC issued RFE and asked copy of Bachelors Degree while I-140 was filled based on Masters Degree requirem
 
Bachelor's request

kgp said:
Finally RFE is received in Attorney office: in the RFE NSC requested a copy of my Foreign Bachelors Degree.

My LC requires Masters Degree in Engineering + 2 year experience and I-140 (Premium Processing) was filled based on that I meet the requirement by having a Masters Degree in Engineering equivalent to a US Masters Degree Plus 2 years experience.

Any suggestion why NSC issued RFE and asked copy of Bachelors Degree while I-140 was filled based on Masters Degree requirem

This is just a guess .... I have noted before that SOMETIMES (I have only seen this two or three times) NSC will deny an i140 that requires a Masters degree if the underlying bachelor's degree is a 3 year degree. I saw one denial claiming that since the candidate was admitted with a 3 year degree, then the masters is not equivalent to a US masters. This defies logic since there are many US Masters that accept the 3 year Indian degree. And many masters programs admit people without completed bachelor's degrees.

I certainly could be wrong and you will (as always) have to wait and see.

-Sheila
 
Sheila R Danzig Thanks for your input.
Let me give more detail, please advise what you think now:
As I mentioned before my LC requires a Masters Degree and my Bachelor's degree is a 3 year degree plus I have a 2 years PG Diploma in Engineering from one of the best Institute in India, which is well known and well regognized internationally. So what are your Thought when I have 3 yr BS + 2 Yr Diploma, AND requirement is a Masters Degree do you think in this situation NSC will recognize that masters is equivalent to a US masters, As admission to Masters was granted based on 3 years BS + 2 YEARS Diploma and not just based on 3 YEAR BS/

fyi: my attorney suggested that if we simply provide copy of Bachelors Degree NSC may deny case, so they are suggesting not to send copy of 3 year BS but to argue with NSC that NSC does not need copy of 3 year degree as Requirement is Masters Degree and Beneficiary meets Masters Degree requirement by virtue of his Indian Masters Degree in Engineering which is equivalent to a US Masters Degree.

However I suggested to send the above mentioned explaination plus provide copy of Masters Degree and copy of 3 years BS degree plus send copy of 2 years Diploma.

KGP



Sheila R Danzig said:
This is just a guess .... I have noted before that SOMETIMES (I have only seen this two or three times) NSC will deny an i140 that requires a Masters degree if the underlying bachelor's degree is a 3 year degree. I saw one denial claiming that since the candidate was admitted with a 3 year degree, then the masters is not equivalent to a US masters. This defies logic since there are many US Masters that accept the 3 year Indian degree. And many masters programs admit people without completed bachelor's degrees.

I certainly could be wrong and you will (as always) have to wait and see.

-Sheila
 
Last edited by a moderator:
KGP..

Please let me know LC details

Thanks,

Sheila R Danzig Thanks for your input.
Let me give more detail, please advise what you think now:
As I mentioned before my LC requires a Masters Degree and my Bachelor's degree is a 3 year
However I suggested to send the above mentioned explaination plus provide copy of Masters Degree and copy of 3 years BS degree plus send copy of 2 years Diploma.

KGP
 
My LC details

My LC details are as follows:

ETA 750 Column 14: Masters Degree in Electrical Engineering + Two years Experience
No of Years of College education: 5+ years

Column 15: None Specified.

My Education:
1) Masters Of Technology in Electrical Engineering from IIT + 2+ years experience
2) 2 YEARS PG Diploma in in Electrical Engineering from IIT
3) 3 YEARS B.SC.
 
Last edited by a moderator:
How to amend Pending LC-COLUMN 14& COLUMN 15

Friends

My Labor is pending at PBEC . I want to amend Coulmn 14 & Column 15 of Labor Certification ETA 750.

My Attroney does not know ABC of this Problem he keeps saying that You wont be heaving any problem . But after reading this froum I know I will be heaving big problem since I do not have any single source four year degree and My ETA 750 Colum 14 says Beachelor and Column 15 is blank while I have BCOM+ MCOM(2+2 YEARS of two degree)

My employer is willing to amend my LC application ETA 750 .
what if my attroney or employer write a letter to PBEC asking them to amend ETA 750 as follows
Column 14: Bachelor or Equivalent

Column 15: Equivalency can be derived any combination of education training & experience. Employer will accept any combination of education training & experience. as equivalent to a Bachelor’s degree.

Can any body tell me the format of the letter to amend Column 14 & Column 15 Of ETA 750 so that I can show that to my idiot attroney .

Friends please help if you know anything in this matter

Thanks
 
Last edited by a moderator:
Sheila R Danzig Thanks for your input.
Let me give more detail, please advise what you think now:
As I mentioned before my LC requires a Masters Degree and my Bachelor's degree is a 3 year degree plus I have a 2 years PG Diploma in Engineering from one of the best Institute in India, which is well known and well regognized internationally. So what are your Thought when I have 3 yr BS + 2 Yr Diploma, AND requirement is a Masters Degree do you think in this situation NSC will recognize that masters is equivalent to a US masters, As admission to Masters was granted based on 3 years BS + 2 YEARS Diploma and not just based on 3 YEAR BS/

fyi: my attorney suggested that if we simply provide copy of Bachelors Degree NSC may deny case, so they are suggesting not to send copy of 3 year BS but to argue with NSC that NSC does not need copy of 3 year degree as Requirement is Masters Degree and Beneficiary meets Masters Degree requirement by virtue of his Indian Masters Degree in Engineering which is equivalent to a US Masters Degree.

However I suggested to send the above mentioned explaination plus provide copy of Masters Degree and copy of 3 years BS degree plus send copy of 2 years Diploma.

KGP

Your LC should have something like this:
For Bachelor Degree combination of degrees is allowed, as long as person has Master Degree equivalent to US Masters Degree.
 
see snapnames

Your LC should have something like this:
For Bachelor Degree combination of degrees is allowed, as long as person has Master Degree equivalent to US Masters Degree.

According to the recent case SNAPNAMES - the employer may determine what equivalency means for EB3 but the service determines it for EB2. I was told by a very experienced attorney that you can't write your own ticket on the LC for EB2.
 
Friends

My Labor is pending at PBEC . I want to amend Coulmn 14 & Column 15 of Labor Certification ETA 750.

My Attroney does not know ABC of this Problem he keeps saying that You wont be heaving any problem . But after reading this froum I know I will be heaving big problem since I do not have any single source four year degree and My ETA 750 Colum 14 says Beachelor and Column 15 is blank while I have BCOM+ MCOM(2+2 YEARS of two degree)

My employer is willing to amend my LC application ETA 750 .
what if my attroney or employer write a letter to PBEC asking them to amend ETA 750 as follows
Column 14: Bachelor or Equivalent

Column 15: Equivalency can be derived any combination of education training & experience. Employer will accept any combination of education training & experience. as equivalent to a Bachelor’s degree.

Can any body tell me the format of the letter to amend Column 14 & Column 15 Of ETA 750 so that I can show that to my idiot attroney .

Friends please help if you know anything in this matter

Thanks

Tanveer,

My case was in a similar situation. We tried to amend the pending LC to include "equivalency" verbiage (just like yours) and were successful.

* First attempt was made while responding to "45-day letter". We attached a letter requesting to allow for amendments. Technically, BEC should send back the application forms so that your attorney can make amendments.But we got absolutely no response from the BEC.

* After waiting for a while, second attempt was made by just sending a letter referring to the amendment request already made while responding to "45-day letter". Again, NO RESPONSE.

* We started calling BEC to talk about the amendment issue. Finally, some analyst responded positively. Instead of sending the forms back, he asked for the amendment text ,wrote it on the form himself , signed it , dated it and stamped a "Corrections Approved" seal on the form. I was lucky to find such an officer at BEC I guess.

But the lesson is , send a formal letter requesting the amendment. Wait for a week or so. If nothing happens, start calling them every other day till they respond. Suggest them to make the amendment on their own by dictating the text. Sometimes they will find it convenient doing it themselves instead of sending the forms back. It's a mess in BEC right now.

Remember one thing though. Once labor is approved, no amendments are allowed.

In the letter, your attorney should address the BEC officer, describe the nature of amendment, specify the text you want to include and make a formal request to amend the forms by referring to the case#. That should be enough. Most importantly, the attorney should keep the mailing reciept of the letter. After a week of no response from BEC, attorney should start calling BEC and refer to the letter he had already sent.

Good luck.
 
My LC details are as follows:

ETA 750 Column 14: Masters Degree in Electrical Engineering + Two years Experience
No of Years of College education: 5+ years

Column 15: None Specified.

My Education:
1) Masters Of Technology in Electrical Engineering from IIT + 2+ years experience
2) 2 YEARS PG Diploma in in Electrical Engineering from IIT
3) 3 YEARS B.SC.

--Your attorney made a strong case. When the job requirement is MS degree, there is no point asking whether you "combined" degrees to get there or you used a "singular source" 4-year bachelor's degree. There are many channels through which a person may qualify for higher education.

When a job requires Ph.d , a person with Ph.d would qualify for the job. Period. It is upto the university to decide whether a candidate should be considered qualified to do Ph.d. If they already allowed the person into the course, there is no point in NSC going gaga over what all he did before getting into Ph.d.

The job requirement bar was set at Post Graduate level. You qualify for it. Why should NSC bother how you got there? Very unfortunate. IIT is world famous institution. I dont understand what world NSC lives in...

Asking for a copy of bachelor's degree is NSC's way of setting you up for a denial. Ask your attorney to write a letter that clarifies the issue more clearly. I doubt they understand the issue. You need tonnes of luck.

Good luck.
 
Friends

My Labor is pending at PBEC . I want to amend Coulmn 14 & Column 15 of Labor Certification ETA 750.

My Attroney does not know ABC of this Problem he keeps saying that You wont be heaving any problem . But after reading this froum I know I will be heaving big problem since I do not have any single source four year degree and My ETA 750 Colum 14 says Beachelor and Column 15 is blank while I have BCOM+ MCOM(2+2 YEARS of two degree)

My employer is willing to amend my LC application ETA 750 .
what if my attroney or employer write a letter to PBEC asking them to amend ETA 750 as follows
Column 14: Bachelor or Equivalent

Column 15: Equivalency can be derived any combination of education training & experience. Employer will accept any combination of education training & experience. as equivalent to a Bachelor’s degree.

Can any body tell me the format of the letter to amend Column 14 & Column 15 Of ETA 750 so that I can show that to my idiot attroney .

Friends please help if you know anything in this matter

Thanks


I think your lawyer is correct. You don't have to worry about it. If you have masters degree with 3 years bachelor degree, NSC will automatically treat your masters degree equivalent to US Bachelor degree. There is no problem in your case, you don't have to amend your labour. I had similar experience got my I140 under Eb3 approved in 3 days under regular process. IF you have only 3 year degree without masters then there is problem.
 
Finally RFE is received in Attorney office: in the RFE NSC requested a copy of my Foreign Bachelors Degree.

My LC requires Masters Degree in Engineering + 2 year experience and I-140 (Premium Processing) was filled based on that I meet the requirement by having a Masters Degree in Engineering equivalent to a US Masters Degree Plus 2 years experience.

Any suggestion why NSC issued RFE and asked copy of Bachelors Degree while I-140 was filled based on Masters Degree requirem


I had similar situation I applied in EB2 where LC requires Masters degree, my I140 denied at NSC saying that since I have 3 year degree my Masters is not equivalent to US masters, but NSC treating my Masters is equivalent to US bachelors and so expecting 5 years progressive experience after my Masters.
 
Last edited by a moderator:
Please Clerify

I think your lawyer is correct. You don't have to worry about it. If you have masters degree with 3 years bachelor degree, NSC will automatically treat your masters degree equivalent to US Bachelor degree. There is no problem in your case, you don't have to amend your labour. I had similar experience got my I140 under Eb3 approved in 3 days under regular process. IF you have only 3 year degree without masters then there is problem.

I have master from pakistan not from u s a . Master from pakistan is equal to bachelor degree from u s a . My Lawyer has mentioned that Bachelor degree in ETA 750 dont you think that I must have bachelor degree for four years from single source whereas right now if I Combine two degree BCOM+ MCOM then it becomes equal to USA bachelor . My attroney has not mentioned in Column 15 that The employer will accept combination of education equivalent to bachelor

Guys please help should I go for amendment or I am fine once again my education is as follows

12 years High School
2 years B.com
2 yaers M.com
Total education 14 years equlvalent to u s a bachelor

& in MY ETA 750 Colum 14 says bachelor
Column 15 is blank

Plaese help If you know the answar .
 
Thanks Anil & radhagd
I discussed same thing with my lawyer and they agree and preparing response, other point is that I don't have just 3 years degree and then M.Sc, in situation like that its reasonable that Masters is not equivalent to US masters as admission to MS was based on a 3 years degree. but I have 3 years BS + 2 year PG Diploma in Engineering (this diploma is equivalent to M.Sc in India certificate provided by IIT along with completion certificate), and then M.Tech, So as radhagd mentioned BS+2 year diploma/M.Sc can be considered as BS then I have M.Tech plus 6 years of experience before my PD.

I told my lawyer that the institute (IITs) from where I did my masters is ranked number three in the world ranking for technology universities in 2006 / 2005 and number 4 in 2004 and all US universities but two failed to make it above my institute. They will send copy of the rating to NSC and explaining that Masters Degree of most US university is not that good as this institute so Admission standard are also higher than any US institute rated below this institute.

Kgp.

--Your attorney made a strong case. When the job requirement is MS degree, there is no point asking whether you "combined" degrees to get there or you used a "singular source" 4-year bachelor's degree. There are many channels through which a person may qualify for higher education.

When a job requires Ph.d , a person with Ph.d would qualify for the job. Period. It is upto the university to decide whether a candidate should be considered qualified to do Ph.d. If they already allowed the person into the course, there is no point in NSC going gaga over what all he did before getting into Ph.d.

The job requirement bar was set at Post Graduate level. You qualify for it. Why should NSC bother how you got there? Very unfortunate. IIT is world famous institution. I dont understand what world NSC lives in...

Asking for a copy of bachelor's degree is NSC's way of setting you up for a denial. Ask your attorney to write a letter that clarifies the issue more clearly. I doubt they understand the issue. You need tonnes of luck.

Good luck.
 
Last edited by a moderator:
PERM application

Hi United Nations, Adi_GC and other Guru's,

My qualifications are Bsc MPC 3 years, 1 year PGDCA in computer applications,1 PG diploma in Advanced industrial electronics, with 9 years of IT industry experience.

My Perm application is ready to fly...... want to make sure everything is ok before switch on the panic button.

1. Please let me know if my lawyer filled up correct, EB3 category.

2. The salary typed in the wages offered are supposed to be drawing at the time of PERM application? or after the apporval of GC?


H section - Job opportunity Information
4. Education: Minimum Level Required- BACHELORS
4-A. If other is indicated in question 4, specify the education required:
4-B. Major Field of Study: MIS, CS,SCIENCE,MATH
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? 12
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? nO
10-A. If Yes, number of months of experience in alternate occupation required:
12. Are the job opportunity is requiremnts normal for the occupation? YES
13. Is knowledge of a foreign language required to perform the job duties: NO

14.Specific skills or Other requirements:

Applicants with suitable combination of education, training or Experience will be acceptable. Will accept three year bachelors degree and one year post graduation diploma or 3 years of work experience in lieu of four year bachelors degree.

Please help.... need to submit this application by Friday.

tks in advance
stunpad
 
masters

I had similar situation I applied in EB2 where LC requires Masters degree, my I140 denied at NSC saying that since I have 3 year degree my Masters is not equivalent to US masters, but NSC treating my Masters is equivalent to US bachelors and so expecting 5 years progressive experience after my Masters.

That is the first time I have heard of a masters being treated as a bachelor's. They have taken a clear stand against that in the past.

The reason they may (rarely) look at the bachelor's is that if it is a 3 year I have seen a denial based on the fact that this masters is not equivalent to a US masters because a US masters does not admit students with a 3 year bachelor's degree. I saw this particular denial once. It is factually false because there are many US masters's degree (one of my clients was recently admitted into Duke's MBA program, and Harvard does as well) that do admit 3 year Indian degree holders. There are people in masters programs who do not have bachelor's degrees at all. The lawyer needs to find write a strong brief here which hopefully will be carefully read.

It is true that a PhD is accepted on its face and the previous education is never looked at. (At least I have never seen it looked at).

-Sheila
 
Thanks Anil & radhagd
I discussed same thing with my lawyer and they agree and preparing response, other point is that I don't have just 3 years degree and then M.Sc, in situation like that its reasonable that Masters is not equivalent to US masters as admission to MS was based on a 3 years degree. but I have 3 years BS + 2 year PG Diploma in Engineering (this diploma is equivalent to M.Sc in India certificate provided by IIT along with completion certificate), and then M.Tech, So as radhagd mentioned BS+2 year diploma/M.Sc can be considered as BS then I have M.Tech plus 6 years of experience before my PD.

I told my lawyer that the institute (IITs) from where I did my masters is ranked number three in the world ranking for technology universities in 2006 / 2005 and number 4 in 2004 and all US universities but two failed to make it above my institute. They will send copy of the rating to NSC and explaining that Masters Degree of most US university is not that good as this institute so Admission standard are also higher than any US institute rated below this institute.

Kgp.

--There you go. Excellent strategy. Provide IIT world ranking. Describe the the criterion IIT requires for admission into Master's degree.

Sheila hit the nail right on its head. NSC is itching to know whether you had 3-year degree ,and also combining something else( like 2-year diploma or experience) to get to Master's program. This has become an absurd routine at NSC.

Do some brainstorming with your attorney and come up with a response that will get their heads out of tunnel-visioned way of looking at bachelor's degrees.

--Good luck.
 
I have master from pakistan not from u s a . Master from pakistan is equal to bachelor degree from u s a . My Lawyer has mentioned that Bachelor degree in ETA 750 dont you think that I must have bachelor degree for four years from single source whereas right now if I Combine two degree BCOM+ MCOM then it becomes equal to USA bachelor . My attroney has not mentioned in Column 15 that The employer will accept combination of education equivalent to bachelor

Guys please help should I go for amendment or I am fine once again my education is as follows

12 years High School
2 years B.com
2 yaers M.com
Total education 14 years equlvalent to u s a bachelor

& in MY ETA 750 Colum 14 says bachelor
Column 15 is blank

Plaese help If you know the answar .

--Radhagd, could you please tell us the service center your got I-140 approved from?

Tanveer, if you are combining degrees to get to US bachelor's equivalency , your LABOR MUST ALLOW FOR IT. That is the only way a case like yours gets approved at NSC. Exceptionally, sometimes luck favors.

You still have time to try and amend your labor. Luckily, it is still pending at BEC. My advice to you would be to get it amended before it is too late.

Good luck.
 
Top