Edu Denial – for not having Magic word ‘Combination’ – lawsuit

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psam123

Registered Users (C)
By looking this forum for last six months, I noticed lots of similar cases (not having one 4 year degree) have been transferred to AAO. My case is also has transferred to AAO recently. I have two 3 years degree (B.Sc and B.Tech).
Though we all have equivalent degree, NSC doesn’t understand our case. They are not accepting Credential Evaluation that says our degree (degrees) equivalent to US bachelor degree.

May we all can also approach Mr. Rajiv Khanna and ask his opinion on filing lawsuit against NSC.

NSC is looking for the word ‘combination’ whereas other service center are looking at Credential Evaluation and approving based this.
Please let me know guys
Thanks
psam
 
I-140

Hi:

Get the Education evaluation done from a good company. Your case looks very genuine.
TrustForte Company is a good one.
 
NSC does not like immigrants that's why they are denying lot of cases. Other centers are more leniant on education requirement. It appears to me that NSC more biased :confused:
 
I-140

Most of the times Lawyers don’t do a complete Job That's why we get in this kind of a situation,
1) Lawyers hire fresh recruits to fill the Applications as the Lawyer has no time to do these things.
2) Lawyers miss double checking the applications before sending them to USCIS
3) Lawyers have high Volume of such applicants to deal.
4) Clients Pressure them to do certain things which they know is not correct.
5) Etc
 
JustGC007 said:
Most of the times Lawyers don’t do a complete Job That's why we get in this kind of a situation,
1) Lawyers hire fresh recruits to fill the Applications as the Lawyer has no time to do these things.
2) Lawyers miss double checking the applications before sending them to USCIS
3) Lawyers have high Volume of such applicants to deal.
4) Clients Pressure them to do certain things which they know is not correct.
5) Etc
Click to expand...
==============
I completely agree with JustGC007. Also the grass is always greener on the other side. I can say this because my first greencard application - I140 was denied through Vermont Center after my pending for more than 2.5c years with them. Its just our luck....
 
I-140

Hi Atulh:
Thanks:
I have a question.
How many Lawyers have you come across who will answer your entire question?(That’s why these forums assist the people)They have no time man. If you ask all your doubts they will simply say you are going too deep.
Employers also nicely say “Pls. ask the Lawyer about this”
What should a person do in this kind of atmosphere?
Now tell me how many employers give a copy of all the papers to the employee at the time of filling any kind of application with USCIS or even after approval?

These are some of the facts of this Slave Trade.
 
Filing a Lawsuit

I am also facing the same problem as psam. Let us focus on the purpose of this thread that is filing a lawsuit. I am sure there are 100's of people facing the same problem (education related issue) as we do, so let us find a way to file a lawsuit that will help our community. Towards this let us first gather some points to fight against INS’s irresponsible action.

1) Expecting the word combination in 15th column- I think there is no law that states that BS degree in the form of combination of degree is not acceptable otherwise the lawyers wouldn’t have missed it and also no INS centers would have approved cases of people having combination degrees that is equivalent to BS degree. The denial letter that I got states that “The labor certification does not allow for the acceptance of equivalence in the form of multiple lesser degrees”. If this is the law I wonder where it is stated. Is it stated in the Immigration law book or is it stated in Labor application form? The denial letter doesn’t state that. If anybody knows where it is stated please let us know. The lawyers that I have consulted regarding this said that the law was always the same and only the interpretation has changed. Then in that case the interpretation like this should be made a law or else mentioned in one of the rules in the labor application form.

2) If INS thinks that our degree is not equal to a BS or MS degree, then I think they should get our degrees evaluated from a recognized evaluator and prove that our degree is not equal to BS or MS degree before denying the case. Since, obviously they (INS) are not qualified evaluators and that is not their job.

3) If INS thinks that the qualification and experience are not sufficient to meet the requirements of the labor certification or the 140 then they should have a process to have it rejected at the time of filing the application ( Labor or 140). So that every body saves lot of time and money.


If anybody faces similar problems and would like to add more point related to their case can you please add? Let us at the same time get the count of people having the problem and willing to support the law suit.

Thanks.
 
I agree with gcstruggler. I'm also on the same boat of RFE about Edu equavlence. I dont' understand their logic of judging equality after a qualified Evaluator has certified that our qualification equals B.Sc or M.S. It is like a person who is not doctor question the validity of prescription. If CIS adjudicator has the required knowledge of evaluating various qualification, then why are we asked to submit the Educational Evaluation from professional evaluator? It makes no sens just like many other naunces of USCIS. I'm in for the law suit.
 
mushe said:
I agree with gcstruggler. I'm also on the same boat of RFE about Edu equavlence. I dont' understand their logic of judging equality after a qualified Evaluator has certified that our qualification equals B.Sc or M.S. It is like a person who is not doctor question the validity of prescription. If CIS adjudicator has the required knowledge of evaluating various qualification, then why are we asked to submit the Educational Evaluation from professional evaluator? It makes no sens just like many other naunces of USCIS. I'm in for the law suit.
Click to expand...
Hi Guys,
I read some where one of the attorneys put a case or lawsuit in Supreme Court about this issue with NSC. The hearing was done and there is no judgement yet on that. I tried tried and then tired to get that info back again, unable to succeed. The judgement may come in two months or two years. The attorney had approval for a case with same educational skills in one of the centers and denied from NSC. That attorney was so confident because he knows he will win. The Law should be same all over US. If anybody have that info please pass on and coming to lawsuit my situation is totally different from you guys. You guys atleast have a job right now. But starting july 1st I am no longer with my company. I will be with the lawsuit. Until two years back everything was same and now how can they do like that. Why they interpret differently now from past.
My 2 cents.
KK
 
psam,gcstruggler & kriskish

MIT (juniors)guys and kriskish,

NSC or USCIS is confused between "combination of education" and "pattern of education". Combination of education is one in which US equivalent Bachelors degree is arrived by combaining 3 year BA/BSc/B.Com degrees and few certificates course in computers or experience. Our situation is different than this. we are having 6 years of fulltime college/university education after 12th grade. These are two different issues. You are victimized for having different pattern of education by silly decion taken by NSC, falsly misunderstanding that it is a "combinaton of education". Do not leave this. It is a very stupid decision. You mentioned that your appeals have gone to AAO. Can you file a lawsuit before AAO decision? If not, why cant you guys send a very good letter to cheif of USCIS (Mr Williyam Yates) about the silly decision taken by NSC and indicating the variation in different service centers on this issue. It is our responsibility to make USCIS to understand the difference between "combination of education" or "Pattern of Education". Rajiv can help to draft a good letter. This is just my idea. I can help you, if you need.

We are having a very good trump card, issued by US DOL explaining very clearly how the pattern of engineering education in USA. I spoke to one professor in engieering in my state. He told that is is very common in USA, people study two years in community college after 12th grade and enroll in University for two years to complete the BS degree. The link is below

http://www.bls.gov/oco/ocos027.htm

One cannot have two different standards in pattern of engineering education in USA and other part of the world.

I have just filed 140(EB2)/485/EAD last week. Keeping the fingers crossed.

Best of luck...
 
perm_lc said:
MIT (juniors)guys and kriskish,

NSC or USCIS is confused between "combination of education" and "pattern of education". Combination of education is one in which US equivalent Bachelors degree is arrived by combaining 3 year BA/BSc/B.Com degrees and few certificates course in computers or experience. Our situation is different than this. we are having 6 years of fulltime college/university education after 12th grade. These are two different issues. You are victimized for having different pattern of education by silly decion taken by NSC, falsly misunderstanding that it is a "combinaton of education". Do not leave this. It is a very stupid decision. You mentioned that your appeals have gone to AAO. Can you file a lawsuit before AAO decision? If not, why cant you guys send a very good letter to cheif of USCIS (Mr Williyam Yates) about the silly decision taken by NSC and indicating the variation in different service centers on this issue. It is our responsibility to make USCIS to understand the difference between "combination of education" or "Pattern of Education". Rajiv can help to draft a good letter. This is just my idea. I can help you, if you need.

We are having a very good trump card, issued by US DOL explaining very clearly how the pattern of engineering education in USA. I spoke to one professor in engieering in my state. He told that is is very common in USA, people study two years in community college after 12th grade and enroll in University for two years to complete the BS degree. The link is below

http://www.bls.gov/oco/ocos027.htm

One cannot have two different standards in pattern of engineering education in USA and other part of the world.

I have just filed 140(EB2)/485/EAD last week. Keeping the fingers crossed.

Best of luck...
Click to expand...

Hey Perm_lc,
Thanks for the suggestion man. I think its better to write a letter to Yates first. My evaluator and attorney explained exactly what you said. Community college + College. Mine is still pending did not get deny yet. The way they have presented I am impressed but still its NSC so I am not having any hopes. I read at murthy's site that DOL and USCIS are two total entities. So each one have their own set of rules and procedures. If you can draft some letter then we all can input and finally we can show it to Rajiv for editions and deletions. Frankly I am not good at drafting such letter. If you have time then please start the draft and we will see where we can go. Anybody have any other ideas please present here.
Thanks
KK
 
I too like the idea of sending a letter to the chief. There is no consistenacy in approving I140 in all centers. Each centers have their own made up rules! WE NEED TO PURSUE THIS MATTER URGENTLY FOLKS.
 
Drafting letter and sending to cheif is a the good idea.
I will take the responsbility of drafting the letter but i need you guys help.
I will post the first draft by end of today.
 
First Draft

Guys,
please review and provide your comments. I will update this document.
Once we finalize the letter, we will contact Rajiv and ask his opinition.

Thanks
psam
 
psam123 said:
Guys,
please review and provide your comments. I will update this document.
Once we finalize the letter, we will contact Rajiv and ask his opinition.

Thanks
psam
Click to expand...

Hi Psam,
Thanks for the draft. I have gone through this and wil get back to you for any additions. Also friends please add your inputs too. Lets try this if it works works.
Thanks
KK
 
Letter to Yates

Thanks psam. It is really a good start. I made some modification and I hope this will look better. Please review the attached document.

Thanks.


psam123 said:
Guys,
please review and provide your comments. I will update this document.
Once we finalize the letter, we will contact Rajiv and ask his opinition.

Thanks
psam
Click to expand...
 
I am not good at drafting and reviewing documents. Would someone confirm and finalize it please? I would like to send out as soon as possible.
 
Let me first congrajulate you on doing something like this which would benefit a lot of people..

I looked at the letter and it looks good, They are small things which can be changed.
 
expeditegc said:
I am not good at drafting and reviewing documents. Would someone confirm and finalize it please? I would like to send out as soon as possible.
Click to expand...
Hi expedite and others,
Lets wait until Monday we can finalize the draft. So that if somebody misses this thing and there might be a chance who can look at it. My 2 cents. One more thing do we need send those letters individually? I am thinking whether we can add anything here or not. But looks so far cool.
Thanks
KK
 
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