Education Equivalence --HELP ME...URGENT

R

rakeshr

Registered Users (C)
Hello,

My I-140 was denied because I have 3 years degree and LC required 4 yrs degree.

My attorney is suggesting to get education evaluation done again and show my degree + NIIT diploma (2 yrs cource) as equivalent to 4 yrs degree and file for I-140.

Please let me know if any one has similiar experience or have any suggestions.


Thanks in advance
Rakesh
 
It's not a bad idea. We discussed this via email and now I have another piece of the puzzel, your 2 year diploma is from NIIT. I seemed to remember reading something about a year ago that said that INS was denying cases that had educational equivalencies that stated that the person had the equivalent of a US bachelors but used education from NIIT. I searched and found the following link (your attorney will need to check this out since you need to be an AILA member to access this part of the AILA website): http://www.aila.org/boards/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=11&t=000090

Basically, what the string states is that NIIT CANNOT be considered academic in nature, but rather vocational. Accordingly, those studies cannot be included in making an academic determination of degree equivalency. INS feels that the beneficiary merely has a three year Bachelors degree and cannot meet the minimum requirements as stated on the LC.

Two evaluation agencies agree with INS...can't include the NIIT diploma as academic studies to equate to a Bachelors degree in conjunction with the three year Bachelors. One company said they disagree with INS and still equate the NIIT diploma in conjunction with the three year Bachelors to be the the academic equivalent of a four year U.S. Bachelors.

When I read this post a year ago, I spoke with our (I was in house counsel then) head technical recruiter and he also felt that an NIIT diploma was not academic in nature.

Follow your attorneys advice but now you should be fully informed. BTW, educational evaluations are not binding on INS, they are merely informative and INS can disagree.
 
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