3 years degree EB3, 140 at NSC - please advice

Aptech

zoomeg said:
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
Click to expand...

Congratulations! As a rule USCIS does not accept degrees/diplomas from institutions like APTECH who are not government recognized. However the AMIETE should have been enough to get an approval.
 
Looks like, my I-140(applied with substituted Labor cert.) got denied for reasons yet to be known(waiting on the notice). My guess, Education evaluation as I have a 3 yr bachelors from India and I have a 1 Yr PGDCA.

I have a question, Can I apply a new I-140 with my original Labor Cert. which was approved back in Aug-2006?? Does the new DOL rule which states that 180 days time period come in to affect and they will reject/deny the case.

Please advise....
 
GC_Ven said:
Looks like, my I-140(applied with substituted Labor cert.) got denied for reasons yet to be known(waiting on the notice). My guess, Education evaluation as I have a 3 yr bachelors from India and I have a 1 Yr PGDCA.

I have a question, Can I apply a new I-140 with my original Labor Cert. which was approved back in Aug-2006?? Does the new DOL rule which states that 180 days time period come in to affect and they will reject/deny the case.

Please advise....
Click to expand...


Mine was also denied in EB3 Professional category. I only had BSC (no PG). The labor stated "Bach. in Computer Science or Equivalent".

What does your labor state in the edu qual feild?

Thanks
 
tc2007 said:
Mine was also denied in EB3 Professional category. I only had BSC (no PG). The labor stated "Bach. in Computer Science or Equivalent".

What does your labor state in the edu qual feild?

Thanks
Click to expand...

Hi,

Can you please give some more details like when it got denied (approx date), which service center and whether you submitted any evaluation for your Bsc computer science with your petition as I am in the same boat.

Thanks much in advance.
 
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Consult with a 2nd attorney

I have seen some good results when there is any sort of RFE and then a 2nd attorney is consulted with - especially one that has had a good deal of experience. I believe that Rajiv Khanna - who set up this board - offers consultations.
 
I140 denied

sunn1000 said:
Hi,

Can you please give some more details like when it got denied (approx date), which service center and whether you submitted any evaluation for your Bsc computer science with your petition as I am in the same boat.

Thanks much in advance.
Click to expand...

Mine was denied on Aug 27. Ofcourse it was NSC :)
I had submitted an evaluation which stated 3 Year BSC was equivalent to 4 year BS.

Was your 140 denied too? Please give details.
 
classroom hours

tc2007 said:
Mine was denied on Aug 27. Ofcourse it was NSC :)
I had submitted an evaluation which stated 3 Year BSC was equivalent to 4 year BS.

Was your 140 denied too? Please give details.
Click to expand...

There are grounds for an MTR (Motion to Re-Consider) - such as failure of the adjudicator to address all of the evidence. Also - if you have or can get a syllabus or letter on the university letterhead showing how many classroom hours your program was that can be strong. If you know how many classroom hours you attended, you can submit an affidavit to that effect and that may help as well.
I would be happy to review any denials or RFE's at no cost at all at www.cciFree.com and let you know if we think there is anything you can do.
 
tc2007 said:
Mine was denied on Aug 27. Ofcourse it was NSC :)
I had submitted an evaluation which stated 3 Year BSC was equivalent to 4 year BS.

Was your 140 denied too? Please give details.
Click to expand...

Who evaluated your 3 year BSC equivalent to 4 year BS?
 
GC_Ven said:
Looks like, my I-140(applied with substituted Labor cert.) got denied for reasons yet to be known(waiting on the notice). My guess, Education evaluation as I have a 3 yr bachelors from India and I have a 1 Yr PGDCA.
Please advise....
Click to expand...

Reason for denial is stated as 3Yr Indian degree is not equivalent to U.S. Bachelor's degree. Education evaluation was also submitted with the initial petition, I am not sre if the USCIS has even considered the evaluation. plus 6.11 yrs of experience before joining the current job.

Lawyers are going to file an appeal. Later a new I-140 will be applied base on my own Labor certification. Plans are the apply for a new Labor thru PERM immediately.

I have one question for the guru's, as my Finger prints are already done. If in case the new I-140 is approved should i go through the Dr certificaion and all that process again????????? and apply 485 and again give the Finger prints:confused:
 
basis for appeal

GC_Ven said:
Reason for denial is stated as 3Yr Indian degree is not equivalent to U.S. Bachelor's degree. Education evaluation was also submitted with the initial petition, I am not sre if the USCIS has even considered the evaluation. plus 6.11 yrs of experience before joining the current job.

Lawyers are going to file an appeal. Later a new I-140 will be applied base on my own Labor certification. Plans are the apply for a new Labor thru PERM immediately.

I have one question for the guru's, as my Finger prints are already done. If in case the new I-140 is approved should i go through the Dr certificaion and all that process again????????? and apply 485 and again give the Finger prints:confused:
Click to expand...

USCIS is required by law to consider all of the relevant evidence - such as the evaluation. For more details, contact me and I will send you details. This can be very strong evidence for your appeal / MTR.
sheila at danzig dot com.
 
140 Denied-Please help me.

Hi,Unitednations
My 140 got denied in NSC.Its a substitution Labor.
the reason they mentioned for the denial is that i do not have required education.I have 3 yrs Bsc comp. degree and 8 years of experience.Out of which 3years of experience is considered as one year.
So my education evaluation says that i have 3yrs degree + 3 years experience and additional 5 years of experience , though labor requires only 2 years of exp,with a BS degree.
I would like to appeal,plase let me know the chances of approval and also let me know the backup plan.
All my H1bs till date are approved based on 3yrs degree + 3 yrs experience.

Please help me in finding a better way and the chances of approval if i appeal. Also if you all know any good attorney please let me know.

Everybody please share your opinions.
Thanks a lot.
 
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Hello United Nations.

I am also in same boat. My I-140 is also deny on the same ground like
140nav. I have B.Sc. degree from India + 15 years experience but labor I-750 column 14 shows: Bachelor.
They gave reason of denial as 3 years of Indian foreign degree is not equilent as 4 years US Bachelor. I got first RFE and I answered it with new evaluation report done by degreepeople which was in very detail, showing more then 120 credit same as US BS has but even though they deny my I-140.
I filed appeal and also filed new I- 140 and waiting now.
I filed I-485 too and got FP and about to get EAD.
Please share your experience and let us know if you feel something which can help us.
Once again thanks in advance.
Ram
(Joan327@hotmail.com)
 
I would like to suggest not to use EAD or AP till your I-140 is approved, that can cause problems, its best to keep your H1 status alive.

I am in the same boat.... my 140(applied with substituion) got denied for 3 yr degree, Finger prints done and later 485 got denied because of 140 deinal.

We are going to apply a new I-140 based on my original Labor certification with same PD, current I-140 will be Appealed. Lawyers are going to apply for a new PERM Labor as a back up. My current H1 expires in a week from today. H1 extension pending(applied based on 140). Now Lawyers are going to apply a new H1 based on Labor approval. I am not sure if the pending H1 will be withdrawn.

Now its a big waiting game again after the suc****g wait for 3 yrs for Labor and 10 months for 140.


Ramakrishna58 said:
Hello United Nations.

I am also in same boat. My I-140 is also deny on the same ground like
140nav. I have B.Sc. degree from India + 15 years experience but labor I-750 column 14 shows: Bachelor.
They gave reason of denial as 3 years of Indian foreign degree is not equilent as 4 years US Bachelor. I got first RFE and I answered it with new evaluation report done by degreepeople which was in very detail, showing more then 120 credit same as US BS has but even though they deny my I-140.
I filed appeal and also filed new I- 140 and waiting now.
I filed I-485 too and got FP and about to get EAD.
Please share your experience and let us know if you feel something which can help us.
Once again thanks in advance.
Ram
(Joan327@hotmail.com)
Click to expand...
 
Sheila R Danzig said:
USCIS is required by law to consider all of the relevant evidence - such as the evaluation. For more details, contact me and I will send you details. This can be very strong evidence for your appeal / MTR.
sheila at danzig dot com.
Click to expand...


I just got the information from my Law firm that education evaluation was done by The Degree People.
 
worrieddude said:
Just because The Degree People does the evaluation does not mean that your case will get approved.
Click to expand...

Thank you for your advice and dude I do know that the case will not be approved just because The Degree People or to that fact any one had done the evaluation. I just posted an update.

Again thanks for the advice, very kind of you. :)
 
I have a question, when a case is reopened with MTR / APPEAL will the case be given a new number or will it continue on the old number given for the first time. :confused:
 
Please Help. 3 yr degree query

Hi All, I got a query on my I-140 for my 3 yr degree. Actually in my case, I have two Bachelors. One in B.Sc Mathematics(3 yrs) and another one in B.Tech. (again 3 yrs). As the combination of degree is not allowed, the USCIS wants the B.Tech degree to evaluated as eqyuivalent to the US bachelors degree. I am getting a letter from my University stating that this is equivalent to US bachelors as I enrolled in B.Tech after my B.Sc as "Adavncement studies" - meaning that I skipped the first year due to my prior 3 year degree. The letter was well formatted. MY QUESTION is do I need another evaluation here stating that my B.Tech is equivalent to US bachelors degree. Please share your thoughts.
 
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