check this out
Found it posted in Murthy.com forums
HappyGoLucky
Member posted April 05, 2005 03:19 PM
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My company has shown interest in using one for their pre-approved LCs for my case.
I have a 3+3 degree. I did a diploma in engineering for 3 years and the got admission to the 2nd year of degree (in CS). The degree is B.E. (from India). The degree is no different from any other BE from India. I have a certificate from some education evaluators stating that.
Nyways the legal dept. came back saying that INS changed some of its policy on Indian 3 year bachelor’s degrees, and no longer consider these to be the equivalent of a US 4 year bachelor’s degree.
They have LCs subs that are for 4 yr degree.
And because I dont actually have a 4 year Bachelor’s degree, but a combination of degrees that are the equivalent to a Bachelor’s degree, I will not qualify for the existing LC subs.
They also said that INS will deny an I-140 petition where the beneficiary employee has a combination of degrees or years of experience that is the equivalent to a Bachelor’s degree, where the labor certification requirement states a Bachelor’s degree requirement.
Is this true? Is there something they are missing?
any help appreciate, thnx in advance...
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Posts: 5 | Registered: July 31, 2003
Member01
Member posted April 05, 2005 04:02 PM
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I think since your degree is a 4 yrs degree, you shouldn't have any issues. Is it anywhere mentioned on the cirtificate that you got it in 3 years?
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Posts: 36 | Registered: April 13, 2004
HappyGoLucky
Member posted April 05, 2005 05:05 PM
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Nope its the same degree that other in my class got who did 12th and joined in 1st year. The degree certificate doesnt say anything but if you look at the transcripts, there are only 3 yr transcripts for degree and then another 3 yr for diploma.
I guess thats how they figure out.
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Posts: 5 | Registered: July 31, 2003
Member01
Member posted April 06, 2005 09:50 AM
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I also have similiar background, but my attorney says that's not a problem. As long as the degree is a 4 yrs one and you have your Education Evaluation done, it should be ok. which univ are you from? Again, they didn't have problem approving the H1B.
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Posts: 36 | Registered: April 13, 2004
HappyGoLucky
Member posted April 06, 2005 10:48 AM
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From mumbai university.
Yes they dint have problems apply H1B and I guess cuz the application is tailored to your condition.
Since I am going for a sub, it has to match whats in the original application.
I read in some other post that it would have been okay if the LC stated "or equivalent" for education.
Did you use an LC sub? Did your I140 went thru?
thnx...
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Posts: 5 | Registered: July 31, 2003
Member01
Member posted April 06, 2005 11:13 AM
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No, I am not using LC sub. My LC is still pending. You should discuss with you lawyer in detail, because the degree you have is a 4 yrs degree. It's just that you started from 2nd yr directly. what happens when someone goes to one place for the first year and then takes a transfer and goes to another place from 2nd year onwards. Again, if someone completes his 4yrs course in 5 years, the degree doesn't become a 5 yr degree.
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Posts: 36 | Registered: April 13, 2004
HappyGoLucky
Member posted April 06, 2005 01:32 PM
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Technically that may be true but how to explain that to INS. I searched and few forums and posted messages at other forums and found out that if the LC had stated "or equivalent" for degree than it was possbile to substitute my degree for BS.
Strange cuz all Indian degrees are BS equivalent. A 4 yr BE can directly be substituted for BS but a 4 yr BE after diploma can be substituted only as equivalent.
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Posts: 5 | Registered: July 31, 2003
Member01
Member posted April 11, 2005 11:26 AM
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HappyGoLucky,
can you send me your email id to my id
prakash_km99@yahoo.co.in?