any problem in I-140 ? Jim could you please help ?

G

geniushiv

Registered Users (C)
Hi,

I am a bachelor of science degree holder (3 years education) and I have done 3 years master diploma in computer. I have 7 years experience in computer field. While filing H1, my lawyer got the evaluation done, and as per the evaluation, my degree is equivalent to Bachelor of Computer Science degree of U.S.

My labor application has already been filed under EB3-RIR and in that we have asked bachelor of science degree with 2 years of experience.

Would this affect my I-140 application ? As I am hearing that INS is denying such applications (and they are not considering the evaluation done at H1 level).
 
It sounds as if you\'re fine on this one

You really have the equivalent of a BS in CS since you have a 3 year bachelors AND additional formal education (your masters). Where people get in trouble is when they use experience to get to the bachelors. Look at the educational evaluation and verify that they used only education and no experience.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
thank you very much...Jim...

but in this case my Master Diploma is not a full time education (it\'s 3 years, part time). Would it make any difference ?
 
Question to jim

Jim,
I have a 2 years bachelors in arts degree which I got under distance education program. Can I use this degree to file for GC under EB3?
 
Geniushiv

Can you let me know if in the Column 15 did your lawyer mention Bachelors in Computer Science or Euqivalent

My wifes case was the same, her LC got cleared, but INS rejected the I-140 saying that the employer wants Bachelors in Comp Sc. but she is not. She was 10+2+3+exp. INS lately had been picky about it, and finally the attorney admitted his mistake and offered to file everything all over again.

If your I-140 is taking more time than relative others, then you are sure to get an RFE. They do not reject direct, but give an RFE. I was advised by another attorney, when we took second opinion, that we should get another Education eval. and also get some papers from an accreted univ. in US saying that it is equiv. but it is also luck

Best of Luck.
 
Moving labor cert to another company

My labor is approved from MD(we have office there) though I live in Virginia and my company applied for I-140 in vermont. Now if I move to another co in MD or other state can I carry over the same GC status.

Victory
 
You have to start over

LCs and I-140s are employer specific. You may be able to keep the priority date but that will only matter if they retrogress. The employer can use the approved LC for another employee.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
but...

the column 15 on labor application says:

College degree required : bachelor\'s degree
Major field of study : Computer Science

It doesn\'t say equivalent anywhere.

Jim, do you think, my case will be affected at I-140 level, as I have 3 year\'s degree plus 3 years part time master diploma in computer.

I would really appreciate any help from your side.
 
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