Education Abroad and I-140s ---Memo from INS?

N

NeelBuddy

Registered Users (C)
I got an RFE on my Education. I have 3 yr bachelor degree and 3yr Master degree (from India).

My Education Evaluation says as follows:

"Mr. A XXXX's degree of Bachelor of Commerce and one year of his three years of the degree of Master of Computer Applications are equivalent to a Bachelor degree in Business & Computer Science from an accredited University in the United States. His remaining two years of the degree of Master of Computer Applications are equivalent to a Master degree in Computer Science from an accredited University in the United States."

Joyd,
you posted the following link.

Murthy Takes Action : Education Abroad and I-140s
http://www.murthy.com/news/ukmurtak.html

"" the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree. -- --- -- -- This clarification will benefit many who have experienced problems or denials due to the nature of their educational credentials. This letter should be very helpful in obtaining approvals for those who are now eligible. We saw approvals soon after our Office obtained this opinion letter from Mr. Hernandez. "

where can I (or my attorney) get this letter (or memo) ?
 
In your case This should not be a problem.

Can you please post the exact text of RFE? Also post what was the requirement they posted in the Advertisement for your position
 
Here is my RFE...

140 EB2 , ND Apirl 23, 2003.

I got an RFE on my Education. I have 3 yr bachelor degree and 3yr Masters degree (from India).

My Education Evaluation says as follows:

"Mr. A XXXX's degree of Bachelor of Commerce and one year of his three years of the degree of Master of Computer Applications are equivalent to a Bachelor degree in Business & Computer Science from an accredited University in the United States. His remaining two years of the degree of Master of Computer Applications are equivalent to a Master degree in Computer Science from an accredited University in the United States."

RFE:
The Service uses evaluations by a credentials evaluation organization as an advisory opinion only. In this case, the record does not show that the beneficiary holds any degree that is equivalent to a United States Baccalaureate degree. While regulations specify that a certain combinition of experience and a bachelor's degree can be considered equivalent to a Master's degree, there is no compatible provision to substitute a combition or series of foreign degrees or experience , which in aggregate amounts to the equivalent of a United States Baccalaureate degree and/or Masters degree.

As the beneficiary's education is not the equivalent of a United States Baccalaureate degree, the additional three years of itself cannot be considered to be post-baccalaureate experience equivalent to an advanced degree unless it would be recognized as such in the United States.

Pleae bear in mind that a functional equivalent of a Bachelor's or Masters degree is not the same as an educational equivalent. You must establish that the beneficiary does in fact have the United States educational equivalent of a bachelors degree and five years progressive experience or an educational equivalent of a masters degree in the field of computer science or engineering.
*******
What are my options now?
Should I evaluate my Masters degree only and say that it is euqivalent to United States Masters degree ?

I heard one of the service center is not accepting combination of degrees. which center?

Did anyone get approval after this kind of RFE ?

I appriciate any inputs/ideas/suggestions... THANK YOU
 
These are the problems with EB2

How much experience you have?
 
Last edited by a moderator:
My take

They are not considering your three years commerce degree as computer science or related field. So there thought is you have only three years of education in computers science or related field. There was case i read some where she had three years degree in Maths and there year Masters applied in EB2. Initially they denied the application. But it was later approved in the appeal. They considered her Maths degree as degree in the related field.

When i was applying for Labor i wanted go EB2. Since i had 4 years degree in Computer Science and and six years of experience at the time of Labor. My attorney advised against that. I remember he was telling me that there will be more scrutiny and may take some extra time to process EB2 then EB3. Since the dates were current it did not matter
 
The problem has occurred coz of the HUGE miskake of filing under EB2. If you had filed under EB3, the case would have been just fine and PLUS it would've been cleared faster than EB2.

As far as i know INS wouldn't accept the combination of degrees.

Your lawyer must have known this and suggested you to file under EB3, instead of EB2.

I'm not sure what other options you have otherthan filing again under EB3.
 
just to add what others are saying,

my lawyer said that in case of eb3 INS is ok with combination of degrees, he had cases where he subsituted people with 4yrs of degree with people having 3 yrs degree plus computer diplom after graduation, education evalution said that it is equalv to 4 yrs degree in INS and he had no trouble .

donn't if thsi would be helpfull but still wanted to share this

thx
 
Originally posted by manoj2003
just to add what others are saying,

my lawyer said that in case of eb3 INS is ok with combination of degrees, he had cases where he subsituted people with 4yrs of degree with people having 3 yrs degree plus computer diplom after graduation, education evalution said that it is equalv to 4 yrs degree in INS and he had no trouble .

donn't if thsi would be helpfull but still wanted to share this

thx
Click to expand...

yes you are right. I have seen many people with 3 years degree in science or commerce and MCA in EB3 getting approval without RFE. There is list of cases available on BCIS web site which gives details why the cases were rejected. Most rejected EB3 cases are because of financial condition of the company, while for EB2 cases it is education is the issue.
 
Last edited by a moderator:
So can't NeelBuddy send an amandment or whatever is the right word this process to INS and change EB2 to EB3, wouldn't that be bit safe?


Just trying to help friends here, sorry i am am saying anything wrong.
 
What if I re-evaluate my education ?

What are my chances if I reevaluate my education , this time only my MCA , saying that it is equivalent to United States Masters degree. Would that work ? or it is a contradiction to my earlier evaluation ?
 
Sorry to hear that..

Your case looks just like mine.. I had the same problem earlier by applying EB2. I had 3 year diploma and 3 year degree with 9 years of experience when applied. But I got an RFE and it was denied..

My employer had to apply my labor all over again and 140 with EB3..

Please find some good lawyer and apply in EB3 as soon as possible..
 
Last edited by a moderator:
Re: What if I re-evaluate my education ?

Originally posted by NeelBuddy
What are my chances if I reevaluate my education , this time only my MCA , saying that it is equivalent to United States Masters degree. Would that work ? or it is a contradiction to my earlier evaluation ?
Click to expand...

Education evaluation may not help. In worst case you can ask for converting the case to EB3. It is possible to apply EB3 I-140 with EB2 Labor. I am pretty sure about it.
 
I don't know why they make such a big deal about the 3 year degree from India. We cover so much more than what they cover in 4 years here. We have close to 40 hours per week and most of the degree courses have at least 3 major subjects. Here they just major in one subject and have classes maybe 2-3 times per week and a lot of the credits they earn depends on the professors. In our case, it all depends on the final exam. If we can accomplish more that what they cover in 4 years, we should be given credit for it and not penalized for it.

Can they issue an RFE on this basis in 485 stage or is it only restricted to the 140 stage?
 
Originally posted by joyd
I don't know why they make such a big deal about the 3 year degree from India. We cover so much more than what they cover in 4 years here. We have close to 40 hours per week and most of the degree courses have at least 3 major subjects. Here they just major in one subject and have classes maybe 2-3 times per week and a lot of the credits they earn depends on the professors. In our case, it all depends on the final exam. If we can accomplish more that what they cover in 4 years, we should be given credit for it and not penalized for it.

Can they issue an RFE on this basis in 485 stage or is it only restricted to the 140 stage?
Click to expand...

Then How about comparing the number of hours covered in 3 years period in the Indian University (where applicant has studied) and Number of hours in 4 years degree.

But it may not helpful in this situation where computers degree is required and the applicant has commerce degree.
 
neelbuddy,

any update on your case, did u reply to the rfe.

tammy..
do you think there is a solution for this. what would be the best option to come out of this
 
I had a question too, i have Bsc computer science and MCA , and my lawyer applied in EB2, i have my labour cleared and applied fro I 140 , do u think my case will also have the problem of denials...please answer
 
You must log in or register to reply here.
Top