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

bunny01 said:
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.
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Your attorney made a mistake during the labor... Equivalent or Combination is required in Ur case... As thru evaluation you will be proving that UR education is equal to computer Sc with BSc + 2 year NIIT.

Best thing --- Reply to RFE in best way U can and apply for fresh labor too .. it might come handy.

Hope that helps
Billtoo.
 
Possible Education Victim

Hello Gurus,

Here is my situation. My labor is asking for MS in Computer Science or equavelant as per my attorney. I am not sure what's there in ETA-750A, item 14 or 15. My education evaluation conclusion says

"COMBINED adademic course work of xyz is the FULL EQUIVALENT of a Master of Science degree in Computer Science from an accredited university in the United States."

I am holding following degrees:
1. Bachelor of Commerce (3 years),
2. Post Graduate Diploma in Computer Science and Application (1 year) and 3. Master of Computer Applications (3 years).

My company is based at California so it will go to CSC.

1. Do you guys see any education credintial issue?
2. I have document by document evaluation, do you guys suggest me to go for course-by-course evaluation?
3. My labor is still not approved, Can I modify item no 14 or 15 of ETA-750A now? If yes, how?
4. I am into my 6th year of H1, What other alternatives I have?

Thanks for reading,
 
Last edited by a moderator:
Hi

dsugandhi said:
Hello Gurus,

Here is my situation. My labor is asking for MS in Computer Science or equavelant as per my attorney. I am not sure what's there in ETA-750A, item 14 or 15. My education evaluation conclusion says

"COMBINED adademic course work of xyz is the FULL EQUIVALENT of a Master of Science degree in Computer Science from an accredited university in the United States."

I am holding following degrees:
1. Bachelor of Commerce (3 years),
2. Post Graduate Diploma in Computer Science and Application (1 year) and 3. Master of Computer Applications (3 years).

My company is based at California so it will go to CSC.

1. Do you guys see any education credintial issue?
2. I have document by document evaluation, do you guys suggest me to go for course-by-course evaluation?
3. My labor is still not approved, Can I modify item no 14 or 15 of ETA-750A now? If yes, how?
4. I am into my 6th year of H1, What other alternatives I have?

Thanks for reading,
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It depends on the lawyer and how strong he is in supportive.Also depends on column 15 in your Labour, if it is blank then chances are 50/50.However if your labour is still pending with DBEC then ask your lawyer whether to make any correction??????.good luck.
 
Guys,

Did any one get 140 approval who has 3 yrs degree and 1 yr PG Diploma? Can we evaluate 1 yr PG Diploma alone equivalent to US BS degree since NSC is particular about single source degree?

We evaluated only 3 yrs degree equivalent to US BS degree and replied to NOID and did not provide PG Diploma because of single source. NSC denied the case.

My labor column 14 says
College - 4yrs
College Degree Required: M.S;B.S with 2 yrs exp
Major field of study: Computer Science or Engg or equivalent

Column 15: Travelling and Relocation Required.

Is this possible to get and reopen the case?
 
I think you have to do an evaluation equating your Master of computer applications to MS in computer science, since NSC don't like combinations of degrees.

dsugandhi said:
Hello Gurus,

Here is my situation. My labor is asking for MS in Computer Science or equavelant as per my attorney. I am not sure what's there in ETA-750A, item 14 or 15. My education evaluation conclusion says

"COMBINED adademic course work of xyz is the FULL EQUIVALENT of a Master of Science degree in Computer Science from an accredited university in the United States."

I am holding following degrees:
1. Bachelor of Commerce (3 years),
2. Post Graduate Diploma in Computer Science and Application (1 year) and 3. Master of Computer Applications (3 years).

My company is based at California so it will go to CSC.

1. Do you guys see any education credintial issue?
2. I have document by document evaluation, do you guys suggest me to go for course-by-course evaluation?
3. My labor is still not approved, Can I modify item no 14 or 15 of ETA-750A now? If yes, how?
4. I am into my 6th year of H1, What other alternatives I have?

Thanks for reading,
Click to expand...
 
Literally no use to fight for justice with 3 year degree, Because US Baccalaureate degree needs a 4 year post secondary study. Combination of Courses/credits is legally possible instead of combining degrees.

What ever you study after completion of 3 year and 1 year PG diploma, if you able to get a degree like transfer courses in US from Community college to 4 year college Degree. Then it is possible to demonstrate as foreign equivalent of US BS Degree.




july140 said:
Guys,

Did any one get 140 approval who has 3 yrs degree and 1 yr PG Diploma? Can we evaluate 1 yr PG Diploma alone equivalent to US BS degree since NSC is particular about single source degree?

We evaluated only 3 yrs degree equivalent to US BS degree and replied to NOID and did not provide PG Diploma because of single source. NSC denied the case.

My labor column 14 says
College - 4yrs
College Degree Required: M.S;B.S with 2 yrs exp
Major field of study: Computer Science or Engg or equivalent

Column 15: Travelling and Relocation Required.

Is this possible to get and reopen the case?
Click to expand...
 
guys,

my 140 was denied today at NSC......

i hv only a year left. am planning to refile labor at TSC where i believe edu is not an issue. Can u believe that hv a BSc Phy and 1yr and 7 months of diplomas and 10 years of progressive work experience is not satisfactory enough at NSC? They denied my case stating that i had no sufficeint proof for rfe and that hv a non equivalent degree..............

$.02- 3 year degree guys- file elsewhere cos NSC is on a different planet.....
 
Guys,

My 140 got denied! Education based RFE... Combining issue. will be entering 9th yr on H1... not sure what i should do.... any ideas??

all 3 yr bachelor Guys, be careful when u apply at NSC. for that matter, be very very careful at other centers also. box 14 and 15 play a very imp. role!!!
 
140 filing in different service Center

Friends,

I have my labor approved in Missouri. My company is headquarted in Virginia.Since I work and got my labor approved thru MO, Can I have an option of filing I-140 in VSC ? I am also having Bsc plus 11 years of experience. I am skeptical of filing in NSC with so many folks in this thread seems to have problems with NSC. Please suggest.

Thanks.
Portalfaq
 
There is no meaning to file in NSC. it won't accept 3 year Baccalarate degree. You will get 100% denail.

Do NOT think about it. So Go ahead and apply in another center with focusing ur employer corp office.


portalfaq said:
Friends,

I have my labor approved in Missouri. My company is headquarted in Virginia.Since I work and got my labor approved thru MO, Can I have an option of filing I-140 in VSC ? I am also having Bsc plus 11 years of experience. I am skeptical of filing in NSC with so many folks in this thread seems to have problems with NSC. Please suggest.

Thanks.
Portalfaq
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Guys,
I have following question.

What is the probability of an approval of an I140 petition in NSC center based on (3yr bachelor degree + 2 yr Masters = 5 yrs) + 8 years of IT experience. The degrees are offcourse not in CS/Computers otherwise the question would have not arisen.

Do you think the degrees and experince can be combined in this case ?? or it'll also be denied....??

Please do comment and thanks a lot in advance.
 
Well, see it this way... What does your ETA 750 say in Col 14 and 15? If it matches your education, then dont worry.

For ex: if you ETA 750 says, bachelors or equivalent and in box 15, combination or X no of experience is required which matches your background. u should be ok. check them carefully or if confused, post them here, someone will shed light for you.

Good luck...

gctarget06 said:
Guys,
I have following question.

What is the probability of an approval of an I140 petition in NSC center based on (3yr bachelor degree + 2 yr Masters = 5 yrs) + 8 years of IT experience. The degrees are offcourse not in CS/Computers otherwise the question would have not arisen.

Do you think the degrees and experince can be combined in this case ?? or it'll also be denied....??

Please do comment and thanks a lot in advance.
Click to expand...
 
Thanks a lot Bunny. However I am actually planning to file my LC as a backup plan from NSC in case something unwanted (God forbid) happens to my I-140 application (based on Subs. Labor) which has been pending in VSC for last 1 year. My client location falls in NSC area and they are willing to sponsor me for GC.

So guys lets put it this way....given the scenerio (Masters in Finance + 8 years IT exp.) what should I/Attorney put in 14 and 15 section "precisely" in order for this to be valid and not create problems further in I-140 stage in NSC ??

Thanks much....really appreciate your comments.
 
Hi gctarget06,

If you are planning to file in EB3, then a simple thing like Bachelors or equivalent in Box 14 should be ok. If you want to filter out the X no of resumes that come in based on the Qual in the Ad, then maybe add something like, Combination of degrees or foreign equivalent masters + X no of experience in Box 15 will be good. (you may also want to say "bachelors in finance" ) is ok in Box 15.
If it's EB2, then i'm not sure if you can sail thru NSC with 3 yr bachelors...

Please keep in mind that the experience u gain at the same client is not counted.

Btw, please check about all these with an experienced Attorney. I just gained some thru this forum and my own case... Many attorneys are out there to help file ur case but only a few know, how to handle the PERM cases... in true sense...
 
I140 aproval chances

Box 14:- BS
Box 14 A:- 1 year.
Box 15:- Computer Science/applications for information technology or related field.

Mine
BE(4 year)
10 years (8-IT+2-non IT) (7-IT excluding current employer).
Mechanical +NIIT

It is NSC.
 
BE in Mech.

Hi DesiKallu,

I think it this will have same problem as your bachelors in not IT. You have degree in mechanical engineering and your labor doesn't say that. start preparing for the alternate startegy..

thanks
 
140 RFE NSC Help!!!

My attorney had filed my 140 with 3 Year degree BSc physics + 1 year of computer course plus 11 yrs of experience. My education and experience was combined to prove that I have education equivalent to B.S in US along with the experience.

Now I have got an RFE on my education.

I saw that thedegreepeople.com is proving 3 year Indian BSC degree alone is equivalent to 120 credits which will be equal to BS in US.

My lawyer had already submitted my earlier evaluation along with 140. My question is whether I can do another evaluation from thedegreepeople to prove that my BSc physics is alone equivalent to BS in US and response to the RFE?

Any suggestions, advice?
 
portalfaq,

mine was actually denied. but i submitted my earlier evaluation + degreepeople.com evaluation saying that, both support the claim, pls refer to the detailed evaluation from degreepeople as well and blah blah blah!

u can always try! good luck. i'm still waiting for my case status tho!
 
breaking news - court chalenges combination of degrees denials

Hi All,

I have come across this intersting case on http://www.immigration-law.com

This might be beneficial to combination of degree cases where labor certifcation states "bachelor or equivalent"

Go to the bove site and click on breaking news for more details. You will see the below topic:

"Service Center Denials of Combination of Two Foreign Degrees as Equivalent U.S. Bachelor's Degree and Court Challenge".


Thanks.
 
what is the the OUT come of this law suite? any one have idea?


kriskish said:
Hi Bhaskar,
We had conversation for 30 minutes with Mr. Rajiv.

Basically there were two things we discussed.

1) Sending a letter to Mr. Yates:

This may or may not help. But if we can give this project (writing a memo) to a legal person (jr attorney) who knows the rules and regulations of this 3 year issue that may cost around $2000 total that will help than sending us a letter. Mr. Rajiv will look into this draft once it is completed. We (community forum) did not decide on this yet.

2) Lawsuit:

As per Rajiv, we can go for a lawsuit which needs more and more documentation. It may cost around $15000 per person. If there is a settlement then Mr. Rajiv will charge $5000. There are three groups who are suffering here Only BS degree with 3 yrs, Poly+3 yr engg degree and 3Yr BS + 3 yr engg. So we need to file three lawsuits and can ask USCIS to combine all three (folks correct me if I am wrong here).

It will definately takes more time.

Rajiv's suggestion apart from sending memo and lawsuit back up labor with correct wording according to each and every individual education.

Finally we community forum discussed a little and most of them are inclined towards sending a memo to Yates as soon as possible.

Guys if you want to add anything or want edit or if I miss anything let us know.

Thanks PSAM for moderating this call and thanks to all who have participated.

Hope this helps.

Thanks
KK
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