Degree Evaluation Woes ...

[ashwinbr]

I am a software developer/engineer working for a financial company in Boston, Massachusetts, working there since 1997.
I had a very urgent question regarding education evaluation for green card purposes. I would be very grateful
to you if anyone could kindly clarify a question regarding education evaluations. Please allow me to provide
a little background about myself:
I have a Bachelors degree from India in a non-computer related field, and a masters degree from a
US university again in a non-computer related field. I have worked in India for one year in a software
firm and have taken many computer related courses within and outside the universities. I have worked
in this company on Practical Training Visa (Essentially F1) for 1 year, and have been on their H1 since 1998.
I have had the same H1 throughout.

An education evaluation was obtained from a Boston University Professor in 1998 when applying for
H1-B and based on my transcripts/certificates, experience on hand (about 2 years then) and a telephonic interview,
the professor issued a certification that I could be considered as having an equivalent of Bachelor's in Computer
Science. Based on that they issued me an H1.

Now after 4 years, I am applying for a green card (still have 2 years left) and another degree evaluation
has been done (presumably from a degree evaluation service) and they say that my education plus all the
years of experience put together is equivalent of a BS in Comp Science. According to them, after 6 and half
years I am still equal to a fresh graduate in comp science.

The job description for GC says I need a BS in CS or equivalent plus 4 years of experience, and the new
degree evaluation is taking away from the years of experience.

My question to you is the following:
Can I still use the original evaluation from the professor?
Is there a change in the laws that force me to specifically get an evaluation done from a paid service?
If not what other alternatives do I have in obtaining a GC from the same company?

I would be really grateful to you if you could kindly clarify my questions above. It would also help if you could point me to any internet resources that I might be able to get further details on regarding Education Evaluation for GC purposes.

Thank you,
Ashwin.

 

[ashwinbr]

Anybody? Somebody?

 

[jbm]

Have u already applied for GC ?

Have you file LC anywhere ?

Otherwise Job description can change before applying LC.

I would suggest go with EB3 catagory with BS and don't take any chance where there is some uncertainty. (risk is REF)

Currently EB2 and EB3 category same for processing speed.

I hope this will help.

JB

 

[ashwinbr]

Hi,
Thanks for replying.
The only time LC has been applied for was before getting the H1 visa that I am currently on (that was 4 years ago).

A degree eval was done then, and the attorney's contention is that the original degree eval doesn't hold good now, and a fresh eval needs to be done (and the fresh eval is screwing me big time - with the new eval, I can't even apply for a GC with the existing job description).

My question to the experts is do I really really need a new evaluation done?

Also, all of my 4 years of experience on H1 was obtained while at this company. The attorney said that the future job description has to be different from the current one.

 

[jbm]

For H1 you need LCA and for green card you need LC

For H1 you need LCA and for green card you need LC

There is difference between LC and LCA. Four year back you filed H1 you need LCA but for greencard you need LC, And I think you didn't applied for LC.

Follow the lawyer advise, otherwise you will screw yourself for REF (request for finding) and your greencard will delay.

NEw eavluation is not mandatory, but if you done evalauation and send with greencard then you won't run into problem.

I don't know about you but I belive in safe than sorry.

Green card is for future job, so your existing company's expeirence won't count, that is also true.

I hope this will help you.

JB

 

[Pal8]

Hi Ashwin

HI Ashwin,

Its better to be on the safer side. A degree evaluation is necessary if the job describtion is different than the degree. and Experience with the present company cannot be considered. Like jbm suggested, LC for GC is diff. If you have not applied consider changing the job description, consult your attorney he's the best person to decide. these are just inputs for you to evaluate.

Pal.

 

[Jim Mills]

Ashwin,

There are so many aspects to your question (it may sound simple but I assure you it is not) that I don't see how it can be adequately addressed in this forum.

Here's the bottom line though as far as I can see it based on what you have said:

TRUST YOUR ATTORNEY, IT SOUNDS TO ME AS IF S/HE KNOWS WHAT S/HE'S TALKING ABOUT.

One common mistake is using an evaluation that was done for the H-1 for the LC without a close review. You have to be much more careful with the LC filing. Also, using experience with the current employer who is also sponsoring your GC is a tricky business. That's why the attorney says the job title needs to be different. Even then it is tricky.