Can I-140 be filed under EB-3, where LC is approved for MS?

Y

ydwivedi

Registered Users (C)
Hi,

my case under LC was filed with educational requirement of MS (column 14 on form 750), and with a clause "a bachelor's degree and additional experience of 5 years acceptable in lieu of the MS" in column#15 (other special requirements).

LC is approved, however during approval a correction is made by regional office where other special requirements (col 15 - experience of 5 years...) are striked out (cut off with black ink pen with singnature and date)!

mine is BSc+6mth+6mth post graduation NIIT courses, IETE courses sort of IT training plus 12+ years of consecutive IT exeperince. Got rejected when filed for I-140 under EB-2 category.

I-140 is filed 2nd time fresh again in July-2003 under eb-3 (remember my LC is approved on the basis of MS requirement- which I'm not fulfilling just on the basis of my educational credentials - and I know, experience+education can NOT be used together towards making equivalancy to MS - as that was the REF/ rejection plea given during my 1st rejection of i-140).

What are the chances of success with i-140 filed with lower category of eb-3?
anyone experienced as such?

thanks
 
To qualify for the EB3 classification you should posses a BS degree (single degree). You might run into the same problem again.

You might be eligible under skilled worker category if your LC require 2 years of training/experience.

Best of luck.. keep this forum updated on your status.
 
I got MS degree from universities in the States, and my LC specificly mentioned BS degree+2 years experience. Both my I-140 and LC were approved without any problems for EB-3.
 
Thanks lcauser for your reply.

You are correct the issue is that - I'm science graduate from India. Its 12 plus 3 years of education there. Additionally I have done specialized courses in electricity, electronics, television servising duration 6 months. Computer programming courses in language BASIC and COBOL (added together 6 months).

I'm working as an Oracle DBA for the past 8 years and have total 13 years of progressive responsible full-time experience in IT. I'm running into issues as my educational evaluation is being denied by BCIS and not being treated equivant to four years baccalaureate degree (US), or foreign equivalant. What should I do?

However, I had my I-140 approved through my previous employer using exact same educational backgrouds!! I cann't use previously approved I-140 now as I have changed my company about 2 yrs ago.

Any ideas/ suggestions?

thanks
 
Originally posted by ydwivedi
Hi,

my case under LC was filed with educational requirement of MS (column 14 on form 750), and with a clause "a bachelor's degree and additional experience of 5 years acceptable in lieu of the MS" in column#15 (other special requirements).

LC is approved, however during approval a correction is made by regional office where other special requirements (col 15 - experience of 5 years...) are striked out (cut off with black ink pen with singnature and date)!

mine is BSc+6mth+6mth post graduation NIIT courses, IETE courses sort of IT training plus 12+ years of consecutive IT exeperince. Got rejected when filed for I-140 under EB-2 category.

I-140 is filed 2nd time fresh again in July-2003 under eb-3 (remember my LC is approved on the basis of MS requirement- which I'm not fulfilling just on the basis of my educational credentials - and I know, experience+education can NOT be used together towards making equivalancy to MS - as that was the REF/ rejection plea given during my 1st rejection of i-140).

What are the chances of success with i-140 filed with lower category of eb-3?
anyone experienced as such?

thanks
Click to expand...

From what you mentioned it looks like DOL is NOT willing to accept a bachelor's degree in lieu of the MS requirement. Clearly you do not meet this requirement and therefore can expect to see an RFE and/or denial of I-140.
 
You must log in or register to reply here.
Top