EB2 with Combination of Degrees

P

psam123

Registered Users (C)
Education:
I have two 3 three degrees and 1st degree is the minimum qualification for 2nd. I also have CE stating that my 2nd Degree alone is equivalent to US bachelor degree.
Experience:
10 years

Based on my Job Title , description and salary my PERM application have beean drafted and says ‘Bachelor degree, foreign degree equivalency acceptable, Any combination of program/s or education determined to be equivalent to a U.S. Bachelor's degree and 6 years experience required’. We are planning to file next month.

I got an opinion from my attorney is saying ‘from Labor certification point it is an EB2 Case. When we file I-140, we can’t file EB2 because of the combination of degrees.’

Did anybody file Labor and I-140 similar to mine? Faced any problem?

I field my first GC 3 &1/2 years back in EB3 category and got denied because my Education. It was my lawyer mistake by not using the word ‘Combination’ in my labor certification. I have appealed now and waiting for the decision. For more info on my case, please ref

http://boards.immigrationportal.com/showthread.php?t=168402


Meanwhile I am planning to file the above PERM case.
 
Hello, psam123,

How long did it take between your submission of RFE and the denial.

This may seem off topic, but i apprciate your reply.
 
Mine is exactly like you...BSC..BTech.. (3+3)

Mine I140 got approved last week under EB2, with out RFE..my labour says master + 2 years exp, masters can be subsituted by bachelors + 5 years of exp.

applied I140/485 : Nov 24 2004

waiting for I485
 
jem73,
That's very interesting. I will get in touch with through personal message board.

Thanks
 
jem73 said:
Mine is exactly like you...BSC..BTech.. (3+3)

Mine I140 got approved last week under EB2, with out RFE..my labour says master + 2 years exp, masters can be subsituted by bachelors + 5 years of exp.

applied I140/485 : Nov 24 2004

waiting for I485
Click to expand...
Hi Jem,
Could you please give us more details about your case.

1) What was there in the 14 and 15 box of ETA 750?
2) How did you show your BTech 3 yrs equivalent to bachelors?
3) which company did your evaluation?
4) In your labor certification was COMBINATION was allowed?

Please let us know. I am also having 3 yrs Engg degree.

Thanks for your time
KK
 
education requirement

Hi Guys,
I think I cracked the puzzle what logic INS is using to determining the education requirement.

For EB3:
http://uscis.gov/graphics/howdoi/eligibility3.htm
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

According to this statement you should have a single degree that is equivalent to a US Bachelor degree. This statement doesn't say anything of about number of college years so as long as we can prove a single degree is equivalent to a US Bachelor degree we should be fine. However if the labor requirement (ETA 750) says 4 years of college then you should have at least 4 years of college. But the labor doesn't say that the 4 years of college should be from a single degree. So as long as we prove that we have 4 years of college we should be fine.

Summary: Do evaluation on a single degree and get it equated to US Bachelors degree. Show 4 years of college.


For EB2:
http://uscis.gov/graphics/howdoi/eligibility2.htm
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

This statement doesn't say "Education and experience may not be substituted for the degree". So I think we can substitute education and get it equated to Bachelors or Master degree.

Summary: Combination of degrees allowed for EB2.

Let me know what you guys think about this.

Thanks.
 
My education is B.Sc., Computer Science + M.Sc Maths. Mine is EB2 as well. It got approved without an RFE. But, I couldn't get information from my Lawyer what she wrote in Labour application in ETA 750. Mine is concurrently filed in June 2004. Got approved in May 2005
 
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