Educational Requirement For Greeen Card

[vasan]

Folks,
My company started my GC Processing thru' an Attorney. But, attorney office said that my educational qualification is not equivalent with the US bachelor's degree and also I do not have 16 years of education. I have only 15 years of education.

Here are my details.

I have a Bachelor's in Science (Chemistry)
1 year Diploma in Computer Applications from an Institute (approved by Human Resources Government of India)
8 years work experience in Software Field
Currently working as a DBA

Please let me know whether it is possible to apply/get a GC with the above said qualifications or not. Currently, I am doing my MS here, but my attorney is not accepting this, b'coz, the attoney is concerned only on the educational qualifications, that I had at the time of joining this company.

Is there any alternative? Please let me know.

Thanks in Adavance for your help.
Vasan

 

[Jharkhandi]

vasan.

Your alternative is to get a better lawyer. Ask your lawyer if you don't have 16 years of acceptable education - how could you get H1B ( I assume you are on H1B).

Your lawyer is a bullshitter - if you do MS that can be added - only your experience with present company won't help you. This has been discussed in several thread on portal. Spend some time in going thru those postings - it may help you in getting answers to questions which you might have missed.

If your diploma is accepted by HRD ministry of Govt Of India - then it is valid indeed. Check if your diploma has any preconditions like 15 years of study etc - if so then ask your lawyer to put that fact too - it will indeed add. Even otherwise - you are qualified for GC processing.

Best would be to get a good lawyer and explain him all these points and I am sure you will get GC.

 

[Jim Mills]

Actually, it's not that clear.

When an LC requires a "Bachelor's degree or equivalent" INS interprets this to mean "or (foreign) equivalent" not "or equivalent experience. If the company is going to accept experience in lieu of education, that must be explicitly stated on the LC. A statement as above with a note that "Employer will accept 3 years of college level education and three years of experience in lieu of the required bachelor's degree" is sufficient.

You need to follow your attorneys advice since you hired him (or the company did) to handle the case. Your attorney knows more about your education and qualifications than can possibly adequately considered here.