Disturbing news related to 4 Yr degrees

V

vsaxena

Registered Users (C)
Hi,

My friend’s labor got approved yesterday and he came know that he can’t file I485. Basically his lawyer told him that if your labor advertisement requires a graduate degree in computer then it should only be 4yr degree in computer only.

INS is now accepting any equivalent of 4yr degree. They will even not accept a 4 yr degree in other field like electronics or something like it.

My friend has a 3 yr degree + MCA (3 yr Master degree) and his lawyer is filling a new backup labor. His lawyer is filling just I-140 but she is not very optimistic about it.

My friend is in Florida.

Any idea about it or his lawyer is correct.

thanks
 
3 year degree grads hopes

http://uscis.gov/graphics/fieldoffices/nebraska/NSC_Filing_Tip_3_08_04.pdf

If the ETA Form 750 specifies "bachelor’s degree or equivalent," the alien must hold a foreign degree which is equivalent to a U.S. bachelor’s degree. The only exception would be where the ETA Form 750 has been certified as having a different definition for "equivalent," such as allowing a combination of education, training and/or experience which has been professionally evaluated as being equivalent to a bachelor’s degree.

I knew about this and raised this to my lawyer before filing Labor. She said it will be fine. I have filed the 140 anyways (counting on my luck). Now I have a backup labor filed (without proper clarification for what equivalent means). I wish I did a <swear word> 4 yr degree.

IGM
 
Unitednations,

Thanks for the info.

The original did not have the word 'equivalent'. The backup just has the
word 'equivalent' without any description about combination of degrees.

IGM
 
What if a person is having 10+2 + IETE.

The LC Application says B.S. in Information Systems, Computer Science, Electrical Engineering, or related field
 
vsa,

the lawyer is wrong. i didnot see a SINGLE case in TSC which was rejected by this 3-year degree issue.
What was in the LC? Master's degree or bachelor's degree? Did your friend's lawyer file 140 or not? Read your post again as it is very unclear and inconsistant by itself,
 
My experience in Education Evaluation

Hi All,

I have 3 years B.Sc Computer science & 2 years MSc Computer Science degree. My education evaluation shows that my degrees equal to MS degree in America.
1st time I applied my labor in Nov 2000 with MSc and 2 years experience(EB2). Got approved in Dec 2000. I applied I140 by end of Dec 2000 & it got APPROVED in Mar 2001. I got laid off and I could not apply for I485.

Again I applied my labor in Dec 2003, with MS and 2 years experience (EB2)and got approved in Mar 2004. I applied I140 & I485 by end of Jun 04. My EAD & AP have been approved in Sep 2004. My H1b 6 years expires on Jan 05.

Is there any chance to get denied my case, because of 3 Years degree?
After Jan 05, Is it good to work on EAD or apply H1b 7th year extension is safe side?

Can you (United Nations & All friends) please answer.

Thanks,
 
Last edited by a moderator:
In-Delema said:
What if a person is having 10+2 + IETE.

The LC Application says B.S. in Information Systems, Computer Science, Electrical Engineering, or related field
Click to expand...

Any gurus there!! What is the likely outcome of I140 filed in sep 2003 with 10+2 + IETE.
 
Gcnsc2004

Be on H1 by getting an extension for the 7th year based on pending I-140/I-485 and you will be safe.

HTH
 
vsaxena, This is not disturbing by any standards. It seems to be news to you but I think most of us know that any person filing for labor cert needs to qualify for the ad placed for that labor cert. It would be kind of pointless otherwiser, dont you think?
 
I found the folllowing from immigration-law site

If the employer required a bachelor's degree or equivalent plus 5 years of progressive experience as an alternative to a master's degree requirement, the requirement of "a bachelor's degree or equivalent" can be proven only if he/she attained a "single" bachelor's degree either from a U.S. academic institution or a foreign academic institution. Bachelor's degree requires 16 years of education in academic schools. According to an AAO decision, combination of two or more academic degrees cannot satisfy a bachelor's degree or equivalent degree requirement. This decision is based on the specific language in the relevant immigration regulation which requires "a" bachelor's degree or "a" equiivalent foreign degree. Secondly, assuming that he/she is able to establish that he/she attained a 4-year bachelor's degree, the next threshold is to prove the "5-year progressive experience." Again the AAO decision requires that the experience must have been gained "after" attaining a bachelor's degree. Accordingly, any experience which was gained prior to attaining a bachelor's degree cannot satisfy the "5 year progressive experience" requirement.


something that is interesting

According to an AAO decision, combination of two or more academic degrees cannot satisfy a bachelor's degree or equivalent degree requirement. This decision is based on the specific language in the relevant immigration regulation which requires "a" bachelor's degree or "a" equiivalent foreign degree.


according to this a combination is not valid.


any input?

thanks
 
Last edited by a moderator:
GCNSC2004 said:
Hi All,

I have 3 years B.Sc Computer science & 2 years MSc Computer Science degree. My education evaluation shows that my degrees equal to MS degree in America.
1st time I applied my labor in Nov 2000 with MSc and 2 years experience(EB2). Got approved in Dec 2000. I applied I140 by end of Dec 2000 & it got APPROVED in Mar 2001. I got laid off and I could not apply for I485.

Again I applied my labor in Dec 2003, with MS and 2 years experience (EB2)and got approved in Mar 2004. I applied I140 & I485 by end of Jun 04. My EAD & AP have been approved in Sep 2004. My H1b 6 years expires on Jan 05.

Is there any chance to get denied my case, because of 3 Years degree?
After Jan 05, Is it good to work on EAD or apply H1b 7th year extension is safe side?

Can you (United Nations & All friends) please answer.

Thanks,
Click to expand...

If you filed I-140 in EB2, then they will check in detail. If it is EB3 then need not think of 3 or 4 years degree(Or even the branch).
EB3 ....you need not think at all. Eb2 cross your fingers....

Sree....
 
Check this out GCNSC2004

I heard that if you get into some issue with EB2 , you can file into Eb3 category with same Labor and your EAD/AP stays valid. Please check this with your attorney. This is the info from my employer ... Check this .. update forum on any info that you get
 
United

United:

I have a question for you. I have a 3 year Economics degree and Master's degree in Business from the US. My lawyer filed labor in EB3 category and now I've filed for 140/485. He has not sent any educational evaluations with the 140. My labor requires "Bachelor's degree in Economics or Business". Should I expect any problems?

I'd appreciate other people's input on this also.

Thanks
 
one year credit on 4 year program

After hearing, lot of RFE/denial due education issues in I-140 stage, I am scared now and I want to discuss my case in detail with some experts.

My RIR LC is pending with State. Based on current speed, I hope DOL will approve it in JAN/FEB 2005. This is the time DOS may announce cutoff date for EB3 class. Since my LC is in state level, there is a possibility now to amend it if needed to avoid any RFE/denial in I-140 stage.

My LC was filed for an "Sr engineer" position having requirement of "BS in Engg+6yrs" Exp. Based on this, I was under the assumption that my case will be good for EB2. Some are saying it is not. After seeing lot of postings on and scary RFE/denial on educational mismatch, I have a some concern about my case. Since much effective wordings are not used in ETA 750, I am confused now.

My ETA 750A says,
(Q14)
Education (college): 4 years
College Degree Required: BS
Major Field of Study: Mechanical/Automobile Engineering
Exp. in releated occupation: 6 years
Related occupation: Engineering Exprience.

Q15 has some engineering skill sets required for my position.


I have Bachelor Degree in Automobile Engg, and 10 years of experience at the time of LC filed. I have detailed exp letters from previous employers for 10 years.
Sofar looks good. The duriation of all engineering program in India in 4 years. However, my engineering degree is an unconventional specialized degree exclusivly for BS graduates in Maths, physics, chemistry. Since the entrants to this program is already a BS graduates, the duriation of the program is 3 years. Indirectly it is a 6 years degree offerd in MIT India. I have a strong educational evaluation for this "single degree". The Edu. evaluation on this degree says" Bachelor of Technology in Auto.Engg is US degree equivalent BS in Engineering"

Now my question is
1) Am I required to concern about my LC? Is there any problem in my qualification to meet the requirement in LC?
2) Will it be any possible RFE in 140, because ETA750 says"college education: 4years" ?
3) Is my case is good to file in EB2 catagory?

Appreciate your help.
 
unitednations said:
I can't answer the question of eb2. it looks like you did a lot of research already. If you haven't visited immigration-law.com, breaking news then I suggest you do so as the site has posted a lot of information on how to determine eb2.

Having a three year degree in itself is not fatal. If your degree alone is considered equivalent to a u.s. bachelors degree regardless of number of people to prove that the requirements of the field of study match the years then you will be fine. It looks like the single degree alone is considered equivalent so no issue for you on this item.

I think you may have an issue if your job is not related to the field of study. Are you in a job which requires auto engineering. There have been RFE's for job description. For example, many lawyers have realized that field of study should match the beneficiaries education qualifications. However, if the job is for an accountant but the labor cert requires field of study to be software engineer then uscis may have issues with this.

What would your response be if uscis asked you to prove that the field of study on labor cert does not match job offer/duties?
Click to expand...

Dear UN,
Thank you much for the information. I am working for a engineering & manufacturing company, supplier of autiomotive & other engineering parts. The job description totally mechanical & auto. engineering oriented (Design of mechanical & automobile components).

Now, is there any problem in my LC to file a I-140? Is there any amandment needed? Is it good for EB2?

Thank you
 
allaboutgc said:
eppo,

Did you actually spend 6 years in college or 3 years?
Click to expand...

Yes. I studied 6 years in college. Details

12 years - Higher Secondary
3 years - BS in Chemisty (College)
3 years - BS in Automobile engineering (College)

Thanks
 
Hi,

I have 3 yr degree, B.Sc. + 3 year master degree, MCA (master in computer application)


The following are the lines from my labor certification in respect to minimum requirement.

"Bachelor's or equivalent foreign degree in computer science or other
computer-focused major plus four years experience in offered job or as Systems or Applications Programmer, Software Engineer or related occupation. "


What do you guys think about my case in respect to I-140?

Please do reply!


thanks
 
You must log in or register to reply here.
Top