class action lawsuit

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tsnaresh

Registered Users (C)
Hi All,


I have noticed lot of I140 rejections due to interpretation of foreign degree equivalency to US bachelor's degree. Most of the service centers are interpreting the degree as it needs to be from a single institute and combination of degree and other certificates are not considered for bachelor's degree equivalency Ex: 3 year degree + computer course is not considered equivalent to US bachelor's degree (even though the education evaluation finds it equivalent). Attorney Murthy got a letter from Mr. Hernandez in favor of 3-year degree (i.e. combination of degrees) but the service centers are NOT following Mr. Hernandaz letter, as it is not binding on them.

I am also in similar situation and I have contacted attorney Rajiv Khanna, he mentioned there is a high chance of getting favorable decision if we file a lawsuit. The degree is not clearly defined in the law and the interpretation varies from person to person. We can the interpretation in our favor if we file the lawsuit.

I am looking into the feasibility of filing the lawsuit, I am wondering, if any body is interested in moving in this direction. As you all know, if we are successful, this will get us our I140 approved.
If you are interested, please email me at tsnaresh@hotmail.com

Any comments or suggestions?

Thanks for your attention.
 
Class action lawsuit is the way to go. There was similar class action law suit few years back for Bachelor's Degree + 5 years for EB2 and they won the case.

So good luck.


It is very difficult to get support in this forum but don't lose heart, keep fighting till you get the judgement in your/our favor.


We are in the process of forming a team to campaign for Immigration benefits backlog petition, why don't you join us in VSC forum probably you might get some support

Follow the below mentioned thread.
http://boards.immigration.com/showthread.php?s=&threadid=100429
 
Hi,


I am very much interested in going for lawsuit. My 140 was denied couple of weeks back and I have completed 180days also.

I have already refiled 140 and filed motion to re-open along with the appeal.

But still I want to go for any thing which can get my 140 approval.

Please let us know the details. How to go about this.

thanks
 
details

hi Babu1971,

Thanks for your interest.
In nut shell, BCIS is interpreting the degree as a single degree and from single institute. In the law it is NOT defined or mentioned if degree needs to be from single institute or whether the combination of degrees are allowed or not for bachelor's degree equivalency. But BCIS is making its own interpretation. Definitely (I am sure lot of you agree on this) the intension of law
is to verify the bachelor's degree equivalency but doesn't matter if it is a combination of degrees. Even in US, it is common that people transfer courses from one institute to other to get the bachelor's degree. US universities don't mind if we have combination of degrees to meet the bachelor's degree equivalency, myself got admission into MBA with my 3 year degree+2 year computer course. So in my openion BCIS interpretation is not correct and they should accept combination of degrees.

Also, this interpretation is a recent change in their policy. INS used to approve the cases with combination of degrees.
(otherwise our lawyers would not have set this minimum requirement in the labor cert, which we don't even meet the requirement, when we are actually working in that position)

If we file the lawsiut contesting the BCIS interpretation there is high chance that the decision would come in our favor.

In past, bachelor's + 5 years of experience was not considered equal to Master's but the decision was reversed after lawsuit (deciion was in favor of degree + 5 years).
So I think, we have strong reason to contest this interpretation of the degree and if we file the lawsuit, we could get a favourable decision.

Lawsuit would take money and time so for an individual it is difficult to file but if we combine our energies, we can look into feasibility of this approach.

Thanks.
Please email me at tsnaresh@hotmail.com with your contact information.


__________________
tsnk
 
Hi naresh,

I have sent a email to your ID, I have not received reply from you. Can you please check your mailbox?

thanks
 
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