Can the BCIS deny or RFE an I-485 on a 3 Year Degree?

[american_desi]

Folks:


Can the BCIS deny or RFE an I-485 Application because the applicant has only 3 Year Diploma ?

Actually I have a Diplomo+ Post- Graduate Computer Diploma (10 From school + 3 Year State Diploma + 2 Year Post -Graduate Cource from an private institution).

Earlier had difficulty in getting over I -140 (Got a Notice of Intent) but got it approved thanks to the Credential Evaluation stating BS Equivalency (Crential done in 2000).

Now in 2003, the evaluators are giving BS equilvalency (they formula changed) and I am worried BCIS may RFE/DENY my 485 based on that??




Thanks
AD.

 

[freddy_ace]

Need more infirmation:

What did your Labour state as the Education requirement?
What did the earlier 140 RFE state?
What was your reply and what eval firm did you use?

Thanks,
Freddy

 

[arcdocs]

Hi american_desi,

I don't think you should worry about that. Basically when you file your 485 application they do not require you to attach a copy of the labor certification. So, while processing the case they will not have the information that is present on the form ETA 750. An approved I-140 petition basically means that INS/BCIS is satisfied that you have the education,training and experience specified in the certified ETA 750. I don't think they would dig up your I-140 file. As long as you maintain your job with the petitioner or a job in a similar field, there is very little basis for them to deny your 485.