Education Evalution and Subs.

M

manoj2003

Registered Users (C)
Hi,
My company has just filed for my I-140/I-485.
This is a labor substitution case.
Original person was a civil engg. That means with 4 yrs of collage degree.

Section 14 of labor said "Bachelor’s degree or equal." and also
That "we would accept 1 yr of work exp against missing collage education" (words might be little different).

I am a B.com guy (3yrs of collage degree) and 1 yr of computer diploma, well my attorney said that we will do a fresh education evolution and if new education evolution papers would say "4 yrs" of degree, then we would file else we would not file.

So he did a fresh evolution and papers says "4 years of degree" after considering my computer diploma with my b.com.

My attorney said that there is no issue as education evolution says "4 yrs".

But what I have been reading on this and other forum looks like Vermont service center and other service center has come up with a rule of thumb

"WE WOULD NOT CONSIDER COMBINATION OF DEGREE DESPITE OF ANY EDUCATION EVALUTION CERTIFY THIS OR DESPITE OF THERE FATHER OR GRAND FATHER WRITE LETTER".

Based on this looks like I would never get I-140 approved.

I need few opinions here, please take 2 mins off to post your thought; it would be really helpful for me.

Thanks buddies.
 
manoj2003

I wud say, go with your attorney. It never hurts to try. But if you have other avenues, then I wud suggest you try that too. Also, if I were you, I would still keep my H1B and conmtinue working on it.

There are mixed results about this. So if you don't have other plans, just try your luck. And keep all your other documents ready.

HTH
dyno
 
manoj2003, We have seen few people in this forum who had no problems with the combination of degree/certificate. I think the language on the evaluation matters.

All the best!
 
I think it is purely depending on our luck and fate.
My case is similar as 3 years degree plus one year pg diploma in computers. My evaluation says i have equivalent of four years degree. But my labor does not provide for equivalency but only for bachlors.

my 140 denied. but i know many people with same requirements and qualifications got approved. It depends on the officer who review our file.

My case is Nebrasaka service center.
 
babu1971, Did you file an appeal and/or motion to reopen on your I-140 denial.

My LC stated BS or equivalent and also we accept professional training/certificate deemed equivalent. My I-140 was still denied by CSC.
 
Yes, I have recently filed motion to reopen along with appeal.


Your case is surprise to me. If your labor has bachelors or equivalent, then why your case was denied?
 
babu1971, Did your attorney send any documents (new edu. eval) with motion to reopen? What was your argument?

According to BCIS, BS or equivalent means BS is a US BS degree and equivalent means 4 years foreign degree which is deemed equivalent.
 
Nothing new after response to RFE. whatever he has responsed to RFE , same reasons he again mentioned.


1) there is no specific rule in the law that two degrees cannot be accepted

2) my labor does not mention that four years degree need not be from same institute.

like this, he has mentioned. just to give a try.
 
Well Guys,I think this is a big mess,Looks like they are looking for excuses to reject i-140s,if yes then thy must do it asap why they wait for 1 year and screw our lifes?

you all know what all we have to go thrue in this period ,you nack is totally under your employer's control,they do what they wanna do, you can't make much money, you can't take other offers and at las you find out that your only hope for getting freedom is being denied.

this is brutal...
 
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