3 years degree EB3, 140 at NSC - please advice

[Sheila R Danzig]

Evaluation of 3 Year Degree/Diploma

As a rule it is not up to the evlauator to understand your labor requirements. It is up to the lawyer - which is what they told you. If your labor cert allows for combining then an evaluation that combines should be fine. If not, then you generally need a single source degree evaluation.
Therefore you need your lawyer involved in this process and he needs to let you know exactly what you need.

Hi Delicateone ,

I have my Brother got Denied I-140 Under EB2 , He has 3 year Diploma. The details about his case.

His Labour from Back log applied through NetScreen had been approved 2 months back (EB2 PD'2003 August), she applied her I-485/and I-140 Premium in Last week of June.

USCIS have denied her I-140 stating that she doesn't qulified for EB2 based on her education Qualification.

She has 3 years Dipoma and 8+ years Experiance.

But His PERM EB2/ I-140 some how approved, she did a mistake , She should have filed her I-485 with Approved PERM EB2/I-140.

But Now His lawyer is telling to Refile her denied I-140 with EB3 Category. We tried her Eduaction Evaluation From *****, They told, Quote below

"We could potentially evaluate your work experience (if you have 6 or more years of qualifying experience), together with your academic studies, to arrive at a Bachelor's-level equivalency. However, you would first have to verify with an attorney or similar that a Combined evaluation is allowed for your Visa category.".

Is it, HE can get her Evaluation with Combination of 3 year Diploma + 1 Year PGDCA + 5 years Progressive Experiance to equate Bachelor for EB3 , based on her RIR Labor.
Or He should some how get equalent of Bachelor 4 year degree as Single Source of Foregin Equalent for EB3 too.

It will be great if you could help me in ths regard.

Please kindly suggest, If can mail me satish_dharmal at yoo com.or personel message.

Thank you
Satish

 

[nk2]

3 Year Degree - e-file TSC

Hi Sheila,

Mine is a 3 year degree case and am planning to ask my lawyer to e-file [ so that it goes to Texas]

In a few of your postings you have indicated that e-filed 140s are handled by TSC. Is this always the case or do they sometimes resend them to NSC?

I thought you might know because you are very active in this forum and seem very knowledgeable [and very helpful]

Thanks

 

[Sheila R Danzig]

efile

Hi Sheila,

Mine is a 3 year degree case and am planning to ask my lawyer to e-file [ so that it goes to Texas]

In a few of your postings you have indicated that e-filed 140s are handled by TSC. Is this always the case or do they sometimes resend them to NSC?

I thought you might know because you are very active in this forum and seem very knowledgeable [and very helpful]

Thanks

As far as I know all efiled I-140's go to TSC until at least July 30. However you can postal mail to TSC until about August 26. After that the last phase of bi-specialization is in effect and you will have to mail wherever it is you have to mail to. At that time I have no idea where the efiling would go, but suspect it will go where it is supposed to - though you never know.

 

[nk2]

Texas

As far as I know all efiled I-140's go to TSC until at least July 30. However you can postal mail to TSC until about August 26. After that the last phase of bi-specialization is in effect and you will have to mail wherever it is you have to mail to. At that time I have no idea where the efiling would go, but suspect it will go where it is supposed to - though you never know.

Thanks, since I am from MA, Texas is the place we have to file. We will be filing at Texas.

Thanks

 

[Ramakrishna58]

Do you need lawyer's form for mailing i-140 ?

Hi Sheila, Nk and gurus,

My I-140 is denied on 3 years degree subject from NSC.My employer filed another i-140 which also went to NSC. We also filled appeal but it's also at NSC.
Is it possible to just mail I-140 one more time but at TX with out informing even lawyer ? We need to take lawyers sign or I can avoid him and do it myself as my lawyer is not agreed to send petition at TX.

PLEASE GUIDE ME. YOUR SUGGESTIONS WILL HELP ME IN TAKING IMMEDIATE ACTION. GURUS PLEASE......! )

Ram
(Joan327@Hotmail.com)

Thanks, since I am from MA, Texas is the place we have to file. We will be filing at Texas.

Thanks

 

[Sheila R Danzig]

Tsc

Yes, he can file at TSC by mailing it there until at least July 30. After that the final phase of bi-specialization goes into force and half the country goes to NSC and half to TSC.

I have read here http://www.garmo.com/archives/00000710.shtml
that either center will accept the I140 until about Aug 29. After that they must be at the correct center per the chart at:

http://www.uscis.gov/portal/site/us...nnel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Hi Sheila, Nk and gurus,

My I-140 is denied on 3 years degree subject from NSC.My employer filed another i-140 which also went to NSC. We also filled appeal but it's also at NSC.
Is it possible to just mail I-140 one more time but at TX with out informing even lawyer ? We need to take lawyers sign or I can avoid him and do it myself as my lawyer is not agreed to send petition at TX.

PLEASE GUIDE ME. YOUR SUGGESTIONS WILL HELP ME IN TAKING IMMEDIATE ACTION. GURUS PLEASE......! )

Ram
(Joan327@Hotmail.com)

 

[Ramakrishna58]

Thanks For Excellent Advise Sheila,

YOUR ADVISE IS APPRECIABLE.

CAN YOU LET ME KNOW THE AMOUNT OF CHECK I SHOULD ENCLOSE WITH PETITION OF I-140 IN MY DIRECT MAILING TO TSC, IF I AM MAILING I-140 PETITION ON 30TH JULY' 2007 ? POST MARK WILL BE 30TH JULY' 2007.
I MEAN TO SAY:

FEES IS TO BE OLD OR I HAVE TO CONSIDER NEW FEES ?
THANKS IN ADVANSE AND ONCE AGAIN APPRECIATED.

Ram
(Joan327@hotmail.com)
=========================================================

Yes, he can file at TSC by mailing it there until at least July 30. After that the final phase of bi-specialization goes into force and half the country goes to NSC and half to TSC.

I have read here http://www.garmo.com/archives/00000710.shtml
that either center will accept the I140 until about Aug 29. After that they must be at the correct center per the chart at:

http://www.uscis.gov/portal/site/us...nnel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

 

[saknia]

Guys,

I am in the same boat as you guys are, I have applied my I-140 under EB2 and my BS is combinition of degrees (3yrs + 2 yrs) and my labor has alternative BS+5 years. I am just preparing for the worst I belive and waiting for the RFE's. I do not know if this link helps and it was dated May 2003.

http://www.murthy.com/news/ukmurtak.html

Basically the interpretation of the USCIS and mor of NSc has to change for approval of cases with 3 Year degree from India. Let us all write to Sheela to write a letter to NSC Director to reconsider this issue which is affecting . For this people who are interested to join to request Sheela Murthy for this can voice their consent. based on that we can ask Attorney Sheela to writ for us. She cannot write unless a sizeable number of people who are being affected by this behind her

 

[Ramakrishna58]

Hi Venu,

I am always with you.

Ram

 

[Sheila R Danzig]

The Hernandez letter

Basically the interpretation of the USCIS and mor of NSc has to change for approval of cases with 3 Year degree from India. Let us all write to Sheela to write a letter to NSC Director to reconsider this issue which is affecting . For this people who are interested to join to request Sheela Murthy for this can voice their consent. based on that we can ask Attorney Sheela to writ for us. She cannot write unless a sizeable number of people who are being affected by this behind her

If Sheela Murthy is still doing this you should join her. However, it my understanding that USCIS has stated that they are not following the Hernandez opinion.

 

[LC_HOPE]

i-140 rfe

Gurus,

i have Bsc computer science and msc computer science. i have 2.5 years of indian experience and 2.5 years of US experience at the time of my labor application. here is my 6 year green card signature

labour PD : 12/31/2001
AD : 08/01/2006 from philadelphia backlog center
ETA form 750 says "masters"

I-140 RD : 11/01/2006
I-485 Rd :11/01/2006

EAD, AP approved and used
My 10th year h1b extension is due on oct/2008


Last week i got an RFE about my education. here is the exrepts of my rfe

" The service holds that a 3 yr BS from an indian university + 2 yr MS from an indian university is equivalent to a US BS degree "

" A US BS degree or a foreighn equivalent degree follwed by at least 5 yr of progressive experience in the specialty shall be considered the equivalent of a MS degree. To establish that the alien is a professional holding an advanced degree, you must submit evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty in addition to the indian bachelor's and master's degrees noted. "



please adivse how should i respond to this RFE,


1) should i prove them BSC and MSC is equal to US MS
2) should i go ahead and add my indian experience to make it close to 5 years


any thoughts please...

thank you

 

[Sheila R Danzig]

show the 5 years

Gurus,

i have Bsc computer science and msc computer science. i have 2.5 years of indian experience and 2.5 years of US experience at the time of my labor application. here is my 6 year green card signature

labour PD : 12/31/2001
AD : 08/01/2006 from philadelphia backlog center
ETA form 750 says "masters"

I-140 RD : 11/01/2006
I-485 Rd :11/01/2006

EAD, AP approved and used
My 10th year h1b extension is due on oct/2008


Last week i got an RFE about my education. here is the exrepts of my rfe

" The service holds that a 3 yr BS from an indian university + 2 yr MS from an indian university is equivalent to a US BS degree "

" A US BS degree or a foreighn equivalent degree follwed by at least 5 yr of progressive experience in the specialty shall be considered the equivalent of a MS degree. To establish that the alien is a professional holding an advanced degree, you must submit evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty in addition to the indian bachelor's and master's degrees noted. "



please adivse how should i respond to this RFE,


1) should i prove them BSC and MSC is equal to US MS
2) should i go ahead and add my indian experience to make it close to 5 years


any thoughts please...

thank you

Your Indian experience counts. However, it can't be CLOSE to 5 years - it needs to be 5 years (60 months). If so then go with that. It will be cheaper and easier than showing that your 3+2 = Bach + Masters.

 

[marooti]

My refiled I140 was denied also. The refiling was done in NSC and the evaluation was done by thedegreepeople.com
I have another I140 case pending with substitute labor.

 

[desi_munda]

Hi GURUS,

My wife is going to file LC PERM under EB3 category. She has done her B.SC(3yrs) and M.SC Part-1(1 year) in computer science from India. We have evaluated her degree from WES and MEI Services and both says its equivalent to BS in computer science from any accredited university of US. According to WES her B.SC is equivalent to BS in US.
WES evaluated her credit hours for B.SC as 124 hours and M.SC as 21 hours. She did not complete her M.SC part-2 as she came to US.

Is her 3+1 year study from India can create any problem for her future I-140? Also evaluation from WES (World Education Services) is valued or not?
Any response in the matter is highly appreciated.

 

[bunny01]

3 yr degree is always tricky. the secret lies in proper LC Advertisement and filing procedure.

Make sure you add verbage such as: Associate degree with 2 yr exp or foreign equivalent bachelors degree or multi source education is acceptable kind of things should be added in the Advertisements, LCA application and so on....

 

[tammy2]

3 yr degree is always tricky. the secret lies in proper LC Advertisement and filing procedure.

Make sure you add verbage such as: Associate degree with 2 yr exp or foreign equivalent bachelors degree or multi source education is acceptable kind of things should be added in the Advertisements, LCA application and so on....

Even if you put high school and more then three years of experience it will come in EB3. No need of degree for EB3.

 

[bunny01]

tammy2, you got it wrong! there r 2 categories within EB3:

1. Skilled worker which does require bachelors
2. Un-skilled ( not degree is required )

 

[tammy2]

tammy2, you got it wrong! there r 2 categories within EB3:

1. Skilled worker which does require bachelors
2. Un-skilled ( not degree is required )

No there are three types:

Professionals: Any occupation for which a US baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation.

Skilled workers: defined as a person, who at the time of petitioning, is capable of performing skilled labor, requiring at least 2 years training or experience.

Other Workers: defined as a person who is to perform unskilled labor, requiring less than two years training.

If you apply in Skilled worker Category you will get benifit EB3

 

[Some_GreenCard]

I140 approved @ NSC w/3 yr degree

Hello all,

I got email from CRIS yesterday saying "approval notice sent..." and attorney office confirmed same by looking online status.

I had 3 yr degree (B.com) and was nervous little bit but everything went fine without RFE.

As per my attorney office, my I140 was filed in EB3 skilled category.

ETA750 column 14 Education says - College = X
College/Degree Required - Bachelors
Major field of study - Computer Science/Computer Programming
Job offered yrs - 2
Related Occupation - Systems Analyst/ Software Engineer

Column 15 - Willing to accept foreign educational degrees.

My educational evaluation was done by Foreign Credential Evaluations Inc in Atlanta. www. fceatlanta.com

I have provided as much information that i have, paperwork was all done by my attorney office.

Hope this helps somebody who is in similar boat that i was.

If you have any further questions, PM me, i may not visit this forum often but i will be visiting 485 forums.

Good luck to everbody.

SG

 

[zoomeg]

Hello All,
My I-140 also got approved in EB3 after RFE on Education.
Below is my Education Qualification.

AMIETE and I have 3 Years BA(Maths) + 2 Years PGDCA (from Aptech)

My education Eval was given Using 3 years Degree and 2 PGDCA.
MY I-140 is filled with Educaton Eval which was done in 1998 and there was an error in the evaluation.
Evaluator said 4 weeks of Aptech course (Which is 4 Semisters) equal to 4 Semister of Computer Course.

My Labor allowed Combination of Degrees and Diplomas and Willing to accept
Lesser Degree

We have given New Evalution to respond to the RFE and we have mentioned that there is small error in the Evaluation.


Got approval in 7 days after replying to RFE.

Thanks