pradeeps60
Registered Users (C)
Can all of you there start a reply to this thread. I specifically interested to find out how many of you have I-140 denied based on BS degree and NIIT course?
Thanks
Thanks
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I-140 3 Year Bachelor's Degree & NIIT Course
- Thread starter pradeeps60
- Start date
arvindbpatel
Registered Users (C)
what was your degree and what were the words in in your LC ?
I-140Denied
New Member
The LC said that it needed a Bachelor's degree with at least 5 years experience. However, I have had a I-140 applied earlier approved, then the company with which I-140 was applied eariler go merged with another, due to which an amendment was filed. This amendment has been denied since. I hope this makes some sense.
I spoke to my lawyer and what she says is that now they are not accepting these diploms which obviously means they will refuse a 3 yrs. of Bachelors.
But what I am wondering is why would then the Evaluation agency also have the right to consider the NIIT/Aptech diplomas for evaluation.
But what I am wondering is why would then the Evaluation agency also have the right to consider the NIIT/Aptech diplomas for evaluation.
Response for Pradeeps60
Hi Pradeeps60,
It doesnt matter if you have a 3 yr (science/commer/arts) degree from India and NIIT/Aptec course, provided if that is what the advertisement from your sponsoring employer had mentioned during newspaper advertising and the same was used during filing of ETA 750. You could still be approved under the EB3 "Skilled Worker 203 (b)(3)(A)(i)" category. But if the requirement was for a bachelors degree + N years of experience (as in the case RakeshR, they didn't match and hence the denial) not having the same could result in denial. A bachelors degree in the US is usually 4 years, hence your 3 year degree from India doesn't fulfill that requirement. Also, those NIIT/Aptech courses might be considered by the BCIS as certification courses and the BCIS adjudicator might not necessarily consider those toward academic credit. First thing I would do if I was in your shoes is find out exactly under what category the i-140 was filed and what were the specific job requirements stated on ETA 750.
Good luck
MNP
Hi Pradeeps60,
It doesnt matter if you have a 3 yr (science/commer/arts) degree from India and NIIT/Aptec course, provided if that is what the advertisement from your sponsoring employer had mentioned during newspaper advertising and the same was used during filing of ETA 750. You could still be approved under the EB3 "Skilled Worker 203 (b)(3)(A)(i)" category. But if the requirement was for a bachelors degree + N years of experience (as in the case RakeshR, they didn't match and hence the denial) not having the same could result in denial. A bachelors degree in the US is usually 4 years, hence your 3 year degree from India doesn't fulfill that requirement. Also, those NIIT/Aptech courses might be considered by the BCIS as certification courses and the BCIS adjudicator might not necessarily consider those toward academic credit. First thing I would do if I was in your shoes is find out exactly under what category the i-140 was filed and what were the specific job requirements stated on ETA 750.
Good luck
MNP
well this seems to be very resonable advice.
I am going to start applying for my Labour and have a similar situation.
Can you suggest me what exact ways should I follow which can save me from future problems.
The ad which my company gave does not say at all about educatinal qualifications.(Makes me wonder)
Anyways I have not filed 750A so how should I take it from here ...
Thanx in advance
I am going to start applying for my Labour and have a similar situation.
Can you suggest me what exact ways should I follow which can save me from future problems.
The ad which my company gave does not say at all about educatinal qualifications.(Makes me wonder)
Anyways I have not filed 750A so how should I take it from here ...
Thanx in advance
Makes me wonder too....
Neo,
It is highly unlikely that your employer is advertising for a position within the organization without any qualifications or experience. You need to speak with the employers attorney or whoever is drafting that advertisement and match your education/experience and technical skillset (if applies) against that of the requirements. Filing of the ETA 750 is a complex matter and you will definitely not have answers to all questions so I would recommend getting a lawyer. You can visit the AILA website at AILA.org for reference to a lawyer in your area. Also go to the link below to see what the ETA 750 looks like, that will give you a better idea of info required.
http://www.workforcesecurity.doleta.gov/foreign/pdf/eta750a.pdf
Hope this helps,
MNP
Neo,
It is highly unlikely that your employer is advertising for a position within the organization without any qualifications or experience. You need to speak with the employers attorney or whoever is drafting that advertisement and match your education/experience and technical skillset (if applies) against that of the requirements. Filing of the ETA 750 is a complex matter and you will definitely not have answers to all questions so I would recommend getting a lawyer. You can visit the AILA website at AILA.org for reference to a lawyer in your area. Also go to the link below to see what the ETA 750 looks like, that will give you a better idea of info required.
http://www.workforcesecurity.doleta.gov/foreign/pdf/eta750a.pdf
Hope this helps,
MNP
thanx for the input:
I had a copy of the ad: and what it says is that
******************************************
******************************************
Programmers and Software Engineers:
Are needed to:
Analyze Design, Develop and Test Apps:
********************************
********************************
...... then it has list of the skills set ......
********************************
********************************
US workers only.Consulting positions requiring travel.
Preparing wage/benefits.
*******************************************
*******************************************
well this is what we have ...
any comments will really help.
Thanx in advance.
I had a copy of the ad: and what it says is that
******************************************
******************************************
Programmers and Software Engineers:
Are needed to:
Analyze Design, Develop and Test Apps:
********************************
********************************
...... then it has list of the skills set ......
********************************
********************************
US workers only.Consulting positions requiring travel.
Preparing wage/benefits.
*******************************************
*******************************************
well this is what we have ...
any comments will really help.
Thanx in advance.
Neo,
This ad is really vague, when advertising was done for my petition it had specific details of duties and responsibilities also, the employer had stated the educational/experience requirements. Also it did not have a mention of any particular type of workers (such as "US Workers" ). You also might want to pay attention to SOC code when filing the 140 (this is what the adjudicators use to get details of the job position).
Thanks,
MNP
This ad is really vague, when advertising was done for my petition it had specific details of duties and responsibilities also, the employer had stated the educational/experience requirements. Also it did not have a mention of any particular type of workers (such as "US Workers" ). You also might want to pay attention to SOC code when filing the 140 (this is what the adjudicators use to get details of the job position).
Thanks,
MNP