3 years degree EB3, 140 at NSC - please advice

[saknia]

Do Not Drive out Sheila

If you are here to help, how come you charge $1200.00 for the detailed evaluations. You don't help for free, this is not help, there is a self intrest invlolved here.

Hi Munnabhai

Just my thoughts !! Don't get annoyed please.

She is giving us advise for free. This involves time for her to read through and advise based on her experience with so many RFE's on Education issues.

When we need a quick answer in the Forum and we don't get it, We know how difficult things will be or how One will feel depressed ??

You might again argue that her advise for a propsective Business even though it is Free. But she do free assesement as well and final decision to go with her or not rest with you. If you don't want to spend you can always say NO and go to some one.

Iam telling this as I feel that considering this 3 Year issue, we might get better advise in the Forum. Not all Forum Memebers will give details especially when they get RFE . So some one like Sheila is always good to be here in the Forum and share her experience.

 

[waterisgreen]

I fully agree with it

Hi Munnabhai

Just my thoughts !! Don't get annoyed please.

She is giving us advise for free. This involves time for her to read through and advise based on her experience with so many RFE's on Education issues.

When we need a quick answer in the Forum and we don't get it, We know how difficult things will be or how One will feel depressed ??

You might again argue that her advise for a propsective Business even though it is Free. But she do free assesement as well and final decision to go with her or not rest with you. If you don't want to spend you can always say NO and go to some one.

Iam telling this as I feel that considering this 3 Year issue, we might get better advise in the Forum. Not all Forum Memebers will give details especially when they get RFE . So some one like Sheila is always good to be here in the Forum and share her experience.

I fully agree with this, her information is very useful here. Eventually you have to spend money somewhere to clear RFE.

 

[Sheila R Danzig]

progressive education

Hi Friends,
One more quick question regarding
"if the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the
equivalent to a U.S. Master’s degree"

What is the meaning of "Progressive Postgraduate Education" for diploma? Please give example also. Does it means continuous from the same institution?

Everyone can only guess right now. I have chatted with the lawyer who wrote the clarification and he said NSC has not given any clues in terms of the 3+2 scenario. He said USCIS has NOT abandoned the "single source degree" requirement for the I-140. He sai that all we know about are the evaluations that have been approved and denied in the past.
The professor I spoke to thinks that "Progressive Postgraduate Education" means that a bachelor's degree was required for admission and it is in the same subject, but not necessarily from the same institution. If you have, say, a PGD from Aptech, it won't work as a bachelor's degree is not required for admission. It is not a true PGD. It also lacks government approval.

The problem as I see it is that people do not come back and report their details and if they got an approval or not so it is hard for us to put the pieces together. But we keep trying to stay a step ahead of them.

 

[Sheila R Danzig]

Do you work for free?

If you are here to help, how come you charge $1200.00 for the detailed evaluations. You don't help for free, this is not help, there is a self intrest invlolved here.

I never said I worked free. Do you? What I said was that I post here to help the community. I give free advise, free analysis of any RFE or Denial, and you are free to go anywhere you like to have the work done. This board is not where the bulk of my business comes from but it is where I spend a great deal of time working with the members. My main business comes from immigration lawyers - they have posted about my work on their own chat boards - and the firms.

I am not here to fight with you. I posted what I know about the APTECH degree and I offered to send you a copy of the relevant part of the RFE but you have not contacted me to ask for it. If you are interested in the truth, I am still happy to send it to you. sheila at danzig dot com.

 

[waterisgreen]

True PGD

Sheila,
Mine is true PGD and it required BSc as requirement but now I am confused here again. My PGD is in Computers but BSc is in Physics Honors. Still it will be considered? Other thing is I did this PGD after MS in Physics.
thanks in advance.

Everyone can only guess right now. I have chatted with the lawyer who wrote the clarification and he said NSC has not given any clues in terms of the 3+2 scenario. He said USCIS has NOT abandoned the "single source degree" requirement for the I-140. He sai that all we know about are the evaluations that have been approved and denied in the past.
The professor I spoke to thinks that "Progressive Postgraduate Education" means that a bachelor's degree was required for admission and it is in the same subject, but not necessarily from the same institution. If you have, say, a PGD from Aptech, it won't work as a bachelor's degree is not required for admission. It is not a true PGD. It also lacks government approval.

The problem as I see it is that people do not come back and report their details and if they got an approval or not so it is hard for us to put the pieces together. But we keep trying to stay a step ahead of them.

 

[Sheila R Danzig]

Relax and wait

Sheila,
Mine is true PGD and it required BSc as requirement but now I am confused here again. My PGD is in Computers but BSc is in Physics Honors. Still it will be considered? Other thing is I did this PGD after MS in Physics.
thanks in advance.

Right now, all you can do is relax and wait. If you get an RFE we can talk about it then. The adjudicators operate independently and it can go either way. Everyone is confused about how to interpret the answers to the questions. We are going to watch the results closely. Our position has always been to do what works and we are in touch with many lawyers on a regular basis to keep us as well informed as possible.

 

[shankargb]

The EB-3 labor requirement is "Bachelor's degree in Math or Computer Science or Engg or MIS". No experience combination is mentioned.

I have a 3-years Bachelors degree in Math from India, 3-years Masters degree in Marketing Mgmt.

Is 3-years Bachelors degree in Math from India acceptable?

 

[ud23g]

RFE on I-140

Got the following RFE on I-140

This ETA-9089 requires a stand-alone bachelor's degree. The Service doesn't recognize a 3-year bachelor's degree from India as a foreign equivalent to a US bachelor's degree. Part H8 of the ETA-9089 doesn't indicate the combination of education and experience would be an acceptable alternative to the bachelor's degree requirement.

I hold a B.Sc. Computer Science 3Yr degree from India.

My case is filed under EB3
B.Sc - Completed in 1996
Have about 10+ years of work exp.
Labor was applied in about June 2006.
Started working in the US from 2003.

I believe the attorney missed the magic words "OR EQUIVALENT"
My company says that I have to start from step one i.e. Labor
Is there a way to reply back to the RFE and avoid starting all over again?

Thank you.

 

[gcdream7]

EB2 Bachelors + 5years

Gurus please advice!
My EB2 PERM labor is filed with following,
job title: Senior Software Engineer , Skill level IV,
Min Education req: Bachelors
Maj field of study: Computer science/engg/mathematics
Alt Field of study acceptable: Yes, an engg discipline, scietific dicipline or closely related field.
Alt combination of education and experience acceptable: no
Foriegn Educational equivalent acceptable: yes.
experience in alt occupation acceptable: yes, 60 months
occupation type: professional

My education pattern is 10+3(diploma in engg)+3(4 year, 8 semister engg degree, but got exemption for one year becuase of my diploma). I have three semester diploma fron APTECH. I have 9 years experience in software development.
I just want know USCIS will accept My degree as single source degree equivalent to B.S in US? (Because actual degree offered by university is a 4 year 8 semester course, but I got one year exemption becuase I already studied a three year diploma in same engg field).

If not can I apply I-140 under EB3 category?

If I have to apply for EB3 at I-140 stage, do I need to amend the PERM application (if at all possible)?

I believe all I-140 applications are processed by NSC. But, can I directly apply to TSC? if possible how to do that?

I would appreciate your help,

Thanks,
smr.

 

[Sheila R Danzig]

Gurus please advice!
My EB2 PERM labor is filed with following,
job title: Senior Software Engineer , Skill level IV,
Min Education req: Bachelors
Maj field of study: Computer science/engg/mathematics
Alt Field of study acceptable: Yes, an engg discipline, scietific dicipline or closely related field.
Alt combination of education and experience acceptable: no
Foriegn Educational equivalent acceptable: yes.
experience in alt occupation acceptable: yes, 60 months
occupation type: professional

My education pattern is 10+3(diploma in engg)+3(4 year, 8 semister engg degree, but got exemption for one year becuase of my diploma). I have three semester diploma fron APTECH. I have 9 years experience in software development.
I just want know USCIS will accept My degree as single source degree equivalent to B.S in US? (Because actual degree offered by university is a 4 year 8 semester course, but I got one year exemption becuase I already studied a three year diploma in same engg field).

If not can I apply I-140 under EB3 category?

If I have to apply for EB3 at I-140 stage, do I need to amend the PERM application (if at all possible)?

I believe all I-140 applications are processed by NSC. But, can I directly apply to TSC? if possible how to do that?

I would appreciate your help,

Thanks,
smr.

Your 4 year degree should be approved as equivalent to a US 4 year degree but you will need to show that the diploma granted you advanced placement. It may be on your transcript or a letter from the University or on other such documentation. I have evaluated several like this, with a professors expert opinion letter approved. In the US there are several similar programs where a student gets advanced standing and completes a 4 year degree in less time. This is NOT the same as a 3 year degree.

 

[Sheila R Danzig]

3+2 Official Guidelines

That site did not post the guidelines accurately - though it was close. You have to go to the source and cannot trust any "interpretations" no matter how well intended. I am attaching copies of the relevant questions - have your lawyers interpret them and quote them in a brief.
I want to add one more thing - these rules use words like "generally", and clearly state each case is viewed on a case by case basis. Further there have been other guidelines in the past that have been ignored by the service. Keep in mind that they ignore the circuit court case of Grace Methodist as well. Nothing but Federal Court cases are binding.
That said, you have a good chance for approval of a 3+2 being shown equivalent to a US bachelor's degree. The extra one year of study is of no value to anyone, by the way.

I have returned from the American Immigration Lawyers Assn (AILA) conference and it was officially explained in one of the workshops that for EB2 when a Masters equivalency is required a 3 year bachelor's degree + a 2 year master's degree in the same or similar fields as stated on the Labor cert, + 5 years of progressive experience works.
Feel free to email me if you have any questions.
sheila at danzig dot com

 

[waterisgreen]

I have returned from the American Immigration Lawyers Assn (AILA) conference and it was officially explained in one of the workshops that for EB2 when a Masters equivalency is required a 3 year bachelor's degree + a 2 year master's degree in the same or similar fields as stated on the Labor cert, + 5 years of progressive experience works.
Feel free to email me if you have any questions.
sheila at danzig dot com

So you mean 3+2+1 ( with pgdcsa ) will be considered as Masters now?

 

[marooti]

3 years bachelors

Sheila,
In the AILA conference, did they mention anything about 3 years Indian bachelors degree being equivalent to US bachelors under EB3 category?

I have returned from the American Immigration Lawyers Assn (AILA) conference and it was officially explained in one of the workshops that for EB2 when a Masters equivalency is required a 3 year bachelor's degree + a 2 year master's degree in the same or similar fields as stated on the Labor cert, + 5 years of progressive experience works.
Feel free to email me if you have any questions.
sheila at danzig dot com

 

[gcdream7]

that is a relief

Your 4 year degree should be approved as equivalent to a US 4 year degree but you will need to show that the diploma granted you advanced placement. It may be on your transcript or a letter from the University or on other such documentation. I have evaluated several like this, with a professors expert opinion letter approved. In the US there are several similar programs where a student gets advanced standing and completes a 4 year degree in less time. This is NOT the same as a 3 year degree.

Sheila,

Thanks for quick reply. It is good to hear that. I searched my documents, and I don't have any document from university which show the advance placement because of Diploma, but on college web site, they have clearly mentioned that, first class diploma in same field is required to get admission to second year degree in admission section. Is the printed copy of web site is sufficient? or should I request a letter from university? (later will take long time). Do we need the letter(or printed copy of website) for education evaluation or to submit to USCIS?

Appreciate your response,

Thank You,
smr.

 

[ud23g]

Education RFE in I140

I have a 3yr B.Sc. Comp. Sci. Degree from India.
Attorney forgot to use the magic words "OR EQUIVALENT" and this has caused an RFE on my I140 which was filed under EB3.

Does my 3yr B.Sc. degree + 14 month PGDCA + 7 year work experience help answer the RFE?

Help required at the earliest. Thank you.

 

[Sheila R Danzig]

case by case

Sheila,

Thanks for quick reply. It is good to hear that. I searched my documents, and I don't have any document from university which show the advance placement because of Diploma, but on college web site, they have clearly mentioned that, first class diploma in same field is required to get admission to second year degree in admission section. Is the printed copy of web site is sufficient? or should I request a letter from university? (later will take long time). Do we need the letter(or printed copy of website) for education evaluation or to submit to USCIS?

Appreciate your response,

Thank You,
smr.

Each situation is looked at on a case by case basis so there is no simple answer to your question. If you can get a letter from the Univrsity that is likely best, but the print out of the website could be good enough.

 

[waterisgreen]

I140 Approved

Today CRIS sent me notice that my I-140 is approved!

 

[Some_GreenCard]

Congrats!!!
What a relief for you...
Good luck for 485

Today CRIS sent me notice that my I-140 is approved!

 

[Sheila R Danzig]

3+2+ 5 years work exp

Today CRIS sent me notice that my I-140 is approved!

Great news ... this is exactly what USCIS said they would do for EB2 when I was at the AILA conference.

 

[neerajkhan]

Great news ... this is exactly what USCIS said they would do for EB2 when I was at the AILA conference.

Hi sheila,

I had 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 have 3 year Bacholer's of commerce and 2 year's Master's in Commerce Degree
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).
I also have couple of other diplomas.

Besides I have 6 YEARS OF EXPERIENCE in IT FIELD (as on the date when my labor was filed).
MY LABOR DOES NOT MENTION ABOUT MY EXPERIENCE. IT JUST SAY MS OR EQUIVELENT DEGREE. CAN THIS 6 YEAR PROGRESSIVE EXPERIENCE now be included if I get RFE ?

I will really appreciate your reply.

Thanks
Neeraj.