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

I-140 Approved after deniel

Hi friends

good news

My I-140 Approved after denied & MTR / Appeal
due to educational eval

after 4 months from VSC

thanks
smkr :)
 
smkr999 said:
Hi friends

good news

My I-140 Approved after denied & MTR / Appeal
due to educational eval

after 4 months from VSC

thanks
smkr :)

Congrats!

Appreciate if you could post details of your case, what LC requirements, RFE details and how you overcome. It will help all others in the forum.
 
Hi smkr999,

CONGRATS!!! please let us know how u responded to the RFE. Btw, do all appeals go to one Appeals office or each region has it's own appeals office?

I am in the boat as u. RFE related to Edu.
 
I140/485 Rejected because of Master's Degree RFE

07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification. Applied with Nebraska Service Center.

03/04 LC Approved

04/05 RFE to prove I got my Masters before 07/03

06/05 I140/485 Rejected stating I did not have Master's degree before 07/03.


1. Would appealing make sense?
2. Can I change my Labor and reapply stating that It was a mistake on part of the Lawyer?
3. Just was wondering why they did not reject my Labor when they did not see my degree certificate in first round.
4. Can I have an evaluator say my 25 credits and passing defense was equivalent to Masters?

I only have my H1 until 01/07.

Please provide your suggestions !! My lawyer is saying I cannot apply in EB2 with the same employer again as I did not have Master's degree when I joined. If I want to apply with the same employer she is asking me to apply for a different position like say a Manager.

Thanks,

DD

PS: When filing I140 my lawyer forgot to send a copy of my Master's degree and this came back and haunted us in a form of RFE.
 
Rfe

Guys,

Just wanted to add to this thread ( i did in other threads too)

I have a Bsc (phy) with various other diplomas etc etc. However, i recd the RFE from NSC. In the RFE the query is only for what Bsc Physics got to do with the Computer Science? Pls provide evidence. They just stopped at that Bsc Phy and not looking fwd to all the other diplomas etc etc.

So i sent a response explaining briefly regd what Physic is and how it could be related to CS. Also, i got my eval done thro a Professor at a university and i got my eval done to Bsc in Physics and CS based on all the diplomas i did and the 6 years of experience that i had prior to even coming to the US.
Im hoping that this would help and that hv a eval done on the University letterhead, by a full-time Professor in a big US University might work. I can even enroll for a Masters based on my education/exp. So if i were to get enrolled for a Masters in a university in the US, is not my degree/exp equivalent to a 4 yr US one?

Let me know your thoughts. Also, guys if any of u hv good write-up or can provide on what Physics has to do with CS, it would of great help. I could use it as a backup shld i face more RFE's.

Pls respond.

regds
 
Last edited by a moderator:
expeditegc said:
BAD NEWS GUYS

My I140 denial appeal I290B has been sent to AAO today. Combination of Education issue. Is there any hope from AAO? How long does it take? I am frustrated. I completed 8 years in US still no GC near sight.
Dear ExpediteGC,
Did you get your LUD change before denial. My LUD changed today all of a sudden. I think they might have denied my case. Could you please let me know.
Thanks
KK
 
Guys My 140 is approved.. Its a miracle..

Hi Guys,
My 140 is approved last night at 10.30PM. There was a LUD change at 9 and then all of a sudden 5 emails. Thanks to RLG EX251 who approved my case. Its almost 3AM still i am not sleepy. I will post all the details tomorrow morning guys.
Thanks
KK
 
Congrats KK
One of my collegues ... he has 3 years Maths degree and no "COMBINATION key word" mentioned in labor was also approved a few days back. Does this mean NSC is reconsidering their decisions regarding education?
 
kriskish,

Congratulations. Prayers never fail. My wife is so religious she never misses her prayers despite of these, our I140 denied and went to AAO on 6/22/05 and LUD has never changed after that. We think "God is testing us".

Good luck with your I485 approval.

I would come back to this forum when my I140 is approved. I get more tensed, deppressed, and stressed.

Good bye friends and good luck to you all.
 
marooti,

can u pls post ur friends details?- what his Rfe was about and the RFE ND/AD, officer code.

Would be of help to all those who are in the RFE rut....
 
No RFEs for him. He did his B Sc. Mathematics from some college in India and his labor didn't mention "combination". Thats all the details I have. I will see if I can more details from him.
 
rayman6

Hi
I am also in the same delimma.Masters in Microbiology with MCSD certification.Denied in Sept,04,appealed in oct'04.Still waiting.Hope everything turns put well for all of you'll.
 
How can this be possible????

A friend of my office co-worker was laid off two years ago and didn't get a job offer since then. After a year, he transferred H1B to an agency (no paystubs) and applied I140 with a substituted labor (no paystubs for one year and no return filed). He got his green card in 6 months. No RFE, no denial. He is a B.Com graduate (15 years). How is this possible? As per H1B - he is out of status. How can one transfer H1B? How did he get a green card? Amazing....
 
Expeditgc

Hi Expeditgc

As per my knowledge all immig...matter depends on right officer & right place and our luck, mine also same thing some people got 6 months some people got in 6 years, what can we do.
I know some cases they do randomely check some of don't, if they don't do and they will get it in six months or else if they asked any RFE it takes extra time.
Mine is with GOD graces I-140 Approved after deniel & MTR/Appeal.
You also will get approval from AAO, I know one case approval edu + exp evalu from AAO after 1year 3 monts from VSC
good luck and be hopes & pray GOD

thanx
smkr999
 
expeditegc said:
A friend of my office co-worker was laid off two years ago and didn't get a job offer since then. After a year, he transferred H1B to an agency (no paystubs) and applied I140 with a substituted labor (no paystubs for one year and no return filed). He got his green card in 6 months. No RFE, no denial. He is a B.Com graduate (15 years). How is this possible? As per H1B - he is out of status. How can one transfer H1B? How did he get a green card? Amazing....

Yes -- he was out of status... but since he got new H1b approved.. all his past get erased... The officer could have stoped his new H1b but he did not so ... he got lucky at that point. But once approved every thing in past clears up. His lawyer might have done a good job with the labor, but his GC in 6 months is really Amazing.

Life is not fair .. I guess as lot of well qualified guys are getting a rough ride..

Good luck
Nadi.
 
tech70 said:
Hi
I am also in the same delimma.Masters in Microbiology with MCSD certification.Denied in Sept,04,appealed in oct'04.Still waiting.Hope everything turns put well for all of you'll.


Can u put in what was ur RFE abt? Also are u waiting from OCt04 for RFE? Mine says 150-180 days, howerver will be sooner that that as initial processing is done..... (i guess after 148 days lol.... :eek: )

After 60 days i belive u can initiate a query.
 
hi guys. pls help me for below concern.

my employer has an available substitution, which requires BS in computer science OR equivalent. plus 3 yrs of IT experience.

I've my 3 years Bachelor science from india and 1 1/2 yr honors diploma from NIIT. i also got educational evaluation from trustforte saying my qualification is equivalent to BS in computer science.

at NSC, can i get I-140 approved with no issues? if not, how can I strongly support it?

my lawyer saying, it's 0% chance to get it approved


Thank you so much in advance.
 
onefortyguy said:
hi guys. pls help me for below concern.

my employer has an available substitution, which requires BS in computer science OR equivalent. plus 3 yrs of IT experience.

I've my 3 years Bachelor science from india and 1 1/2 yr honors diploma from NIIT. i also got educational evaluation from trustforte saying my qualification is equivalent to BS in computer science.

at NSC, can i get I-140 approved with no issues? if not, how can I strongly support it?

my lawyer saying, it's 0% chance to get it approved


Thank you so much in advance.

Hi,
What ever I am going to say may be disappointing to you but its reality. Your attorney is correct. We have seen lots of denials based on 3years bachelors.
Trustforte is no doubt a good company. But they are combining your BS and Diploma it is not acceptable to NSC. Its a FACT. What is there in the box 14 and 15 of the ETA 750. If that allows combination you can go ahead otherwise naaah.. its waste of time and money. Also check with your company if they have brances in CSC or TSC then you can apply from there.
I know what ever I have typed will not help you but those are my 2 cents.
Thanks
Krishna
 
Hi Kriskish,

First, congrats for ur 140 approval. Could you please let me know as to how u replied to NSC for ur RFE which got it approved. This will be very helpful. My box 14 & 15 does not have combination or equivalent. it simply says, Bach in Comp., and i have BS in Maths, Phy, Chem and 2yrs NIIT...and got RFE. It does not say anything about 3yr deg but all it says is that, Labor says something and my Edu is something. prove that they r same even after submitting edu evaluation...
My attorney says that we are cornored and are in a hole. But he is trying his best to reply that.
Can you provide info as to how u replied. If it's too personal, pls email me at jabpym@yahoo.com

Thanks.

kriskish said:
Hi,
What ever I am going to say may be disappointing to you but its reality. Your attorney is correct. We have seen lots of denials based on 3years bachelors.
Trustforte is no doubt a good company. But they are combining your BS and Diploma it is not acceptable to NSC. Its a FACT. What is there in the box 14 and 15 of the ETA 750. If that allows combination you can go ahead otherwise naaah.. its waste of time and money. Also check with your company if they have brances in CSC or TSC then you can apply from there.
I know what ever I have typed will not help you but those are my 2 cents.
Thanks
Krishna
 
Top