Disturbing news related to 4 Yr degrees

[eppo_varum_enGC]

I think even if you filed in eb2 category and uscis doesn't agree that it should be in this category they will give you the option to change to eb3. There has been a few posts regarding this type of RFE. When people made the switch they eventually got approved. Right now, eb2-eb3 doesn't really matter because priority dates for all employment based cases are current. This has become an issue because eb3 category may retrogress beginning in Jan. 05. The current speculation is that if the priority date is in 2003 or before people shouldn't be affected by retrogression. Your priority date is going to be the date that labor was filed with SESA (state department of labor). If your priority date is in 2003 or before then the retrogression shouldn't be an issue for you and you need not worry whether you are in eb2 or eb3.

I don't see any reason for amendment of your labor.

Thanks Unitednations & allaboutgc! I am relaxing now. Now I have a quick question. My PD is May 2004. LC may get approved in FEB 2005. For me EB2 or EB3 does not matter. The retrogression will be issue for me if I opt EB3 to file a AOS concurrently with 140. Suppose if I file EB3, what may be the approximate wait time to file 485? Will it be in terms of years? I feel it may be wise to file 485 ASAP to enjoy benefits like EAD,AP & AC21. What is your advise to opt the catagory EB2 or EB3?

 

[eppo_varum_enGC]

Priority date May 2004; for sure if the dates retrogress you will not be able to file 485 in eb3. It could take a couple of years, I don't have any information other than there is a lot of pending 485's for employment based cases and people who are getting their labors approved after yours from states such as new york, california will have priority dates from 2002 and they will get in line in front of you. You may want to file in eb2 and if uscis disagrees then go to eb3 (you wouldn't have anything to lose).

Nice advice. I will request my employer to go with EB2. I read the recent posting about "qualification for EB2" http://boards.immigrationportal.com/showthread.php?t=144402

It looks like CIS very strict on EB2 cases. Nowhere in my ETA750A, words like "BS or equivalent" or "progressive work experience after BS" used. (Not much space in the form). It was mentioned in Q14 just "Bachelor Degree" and in years of experience box "6". However, all my exp are after BS in Auto.Engg and it is progressive. Will CIS take it serious if do not mention these words? If CIS do not accept as EB2, is there a chance that they deny I-140 stright away? If they issue a RFE to change to EB3 then it is safe, other wise it will be a hell.

 

[eppo_varum_enGC]

I'm not an expert on the eb3, eb2 issue. There is always a chance that uscis sends denial straight away. If that is the case then you can still file in eb3 and not lose the priority date. BTW, what state are you in? If you live in California you could be part of the 90 day pilot program and you will find out real fast if they accepted eb2 or not.

I am not in CA. My CIS will be Nebrasca. Can we file EB2 and EB3 at same time with a single LC? If EB2 denied, there is a backup without losing time. Is it possible?

 

[AjayKumar]

How to start MS in USA

I have three year degree. How to start MS/MBA in USA.

- Do I have to do any courses here in USA?

- Any useful websites?

If anybody has real experience or did MBA/MS after three year degree in USA then please guide me.

Thanks,

 

[raghu2002]

How to caliculate MS + 2 years of Exp.

I got my labor approval last month and file I140 as EB2. My job requirement is in labor "MS in CS, Engineering, Business, or related field plus 2 years of software engineering experience." Does it mean I need to have two years of experience after my master and before joining at current job?

I got my BS in CS in 1996 June. I had work experience between 1st July 1996 to end of July 1997. I was in my grad school between August 1997 to Jan 1999. I had almost 23 months of experience between 15th Feb 1999 to Jan 2001(joined current job in 1st week of Jan 2001 with 10 working days gap).

Since I don't have full 2 years of experience after MS, does INS consider the experience between BS and MS?

 

[tennis11]

United: equivalency

Because you have a u.s. masters you should be fine. Where is your econmics degree from? The university must have evaluated your undergrad degree as being equivalent to u.s. degree so you should be fine. Since you haven't sent in any education evaluation or proof of education make sure you send in your bachelors and masters degree together.

Thanks for the reply. Its been a while since I checked the posts. My Economics degree is from India. Box 14 in the LC states "Bachelor's in Economics or Business" and the duration is 4 years. My Bachelor's was with Honors, which is equivalent to taking about 25% extra credits in courses. As I had mentioned earlier, I have a 3 years bachelors and a 2 year masters from the US. I seem to be unique as I haven't found anyone in a similar situation. Do you foresee any problems posed by our good friends at NSC?

 

[tennis11]

nebraska; could be a problem.

if education evaluation says your masters is equivalent ot a masters in USA without using work experience to derive to the equivalency, you should be o.k.

I don't get an evaluation done for the Master's since it is from a well reputed US University. The Bachelor's is from India. Do I need an evaluation?

Thanks for the help.

 

[tennis11]

I am not really sure - the lawyer prepared the paperwork. I am assuming that he sent the bachelor's and master's transcripts with the 140.

 

[tennis11]

No. you don't need an evaluation of u.s. masters (I have seen some cases where uscis wanted to see an evaluation if it was from an obscure university).

What did you send in with the 140 appplication

United:

I just sent you a detailed email.

Thanks