I-140 & 3 Year Degree

R

rep123

New Member
LC approved - 02/02
I-140 applied - 03/02
I-140 denied -09/20 due to 3 year degree
Appeal has been made - 11/02 which is pending with AAO.
My H1B1 expires by 5/04.
__________________________________________________
(1)Can I apply for 7th year extension
while appeal is pending?
(2)Can I apply another I-140 using the same LC and apply for 7th extension?
__________________________________________________

Any advise as to how I should pursue for 7th year extension?
 
Hi,

What reasons your attorney mentioned for appeal?

Mine also same case. mine is 3+2 years degree.

My 140 was denied because my labor does not provide for equality but only Bachelors degree.

We have appealed with the reason that there is no law mentioned about non acceptance of two degrees for equaivalent to bachelors.

We have also refiled 140 using same labor. you can also do that.

I think you cannot ask for 7th year extension because your 140 is denied. but you can try extension after you refile 140 and also file 485.
 
babu1971, I guess you have filed yet another I-140. How is this different from your previous I-140.

I am in the same boat. I understand from my attorney that if I-140 is denied for Professional category, we can still qualify for skilled worker with 2 years experience.
 
We have filed 140 again , hoping that it will go to different officer this time and he will approve it.

The officer who denied my old 140 famous for denials.

Mine is Nebraska service center and EB3.

My attorney also explained in new 140 about old 140 denial and why it should not be denied.( i did not see the petetion, but he told me).

Moreover all my colleagues from same company got approved in last month. Their qualifications and labor requirements same as mine. But only mine rejected because of my badluck.
 
rep123:
Did you have your EAD approved before I-140 is denied or they never issued EAD or you have not applied EAD? Because in other site I read that if they approve EAD then chances for I-140 are approval are much better because they first verify I-140 petition and supporting document if the I-140 is approvable then only approve EAD.
What is your service center?
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babu1971:
Mine is Nebraska service center and EB3.

My attorney also explained in new 140 about old 140 denial and why it should not be denied.( I did not see the petition, but he told me).

Moreover all my colleagues from same company got approved in last month. Their qualifications and labor requirements same as mine. But only mine rejected because of my badluck
----- Do they all who got approved in NSC have 3-year degree? Do mean all are in EB3 and with 3-year degree and same service center NSC?
 
babu1971, Thanks for the info. I wish you all the very best this time.

Is this a concurrent filing?. In most cases, if they approve your EAD/AP then the posibility of I-140 approval is high.
 
My colleagues education is 3 plus 1year education that mean bcom or ba degree and 1 year pgdca. they all got approved from same service center in same month.

I have received my EAD in july and got RFE on 140 in aug and denied in sept. I have received 485&EAD denial letter along with 140 denial by same officer.

Anyone please think about these inconsistencies and post what to do.
 
I am not sure about the other BCIS Service centers, but CSC has made it clear that they will not issue EAD untill the I-140 is approved.


Concurrent Filings

Applications for Advance Parole and Employment Authorization (EAD) will not be adjudicated until the underlying Employment Based Visa Petition (I-140) is approved. However, if the EAD application is pending for more than 90 days and no Request for Evidence (RFE) has been issued on the underlying I-140 OR a response to an RFE has been filed more than 90 days, the individual may go to the local BCIS office to apply for an interim EAD card.
 
For almost two years now INS (now USCIS) has been challenging post graduate diplomas from some educational facilities. For example, INS does not feel that courses taken at NIIT are college level courses and does not accept evaluations (at least they said they will not, sometimes they do anyway) which use these course to get to a bachelor's equivalent.
 
But I have 3years degree and also I have completed 1 year out of 2years masters degree from university apart from post graduate diploma in computers from a accredited institution.


My evaluation shows total I have 3+1+1 years degree(ie.17 years of study).

Do you think Is it not enough for BCIS to approve my case?
 
BS degree

Jim,
Would 3+2 (3 years bachelors and 2 years masters) casue problem if the labor requirement is BS?

I've also sent you a PM regarding thsi.

Thanks
sanb
 
EB3 (skilled worker)

my understanding is that you can apply as EB3 "Skilled Worker" with a 3 year degree.

4 year degrees are necessary only for EB3 "Professional".

Is there any processing time difference between these two?
 
Gurus, any comments on madankumars views?

madankumars, EB3 professional and skilled worker come under the same category, so I don't think there is any difference in processing times.
 
EB3 (Skilled Worker)

Here is the link from USCIS website explaining the difference between EB3 (Skilled Worker) and EB3 (Professional)

http://uscis.gov/graphics/howdoi/eligibility3.htm


The sponsor, when filing for LC (ETA-750a), must NOT say that the job requires a US Degree or equivalent, as there are no 3 year degree courses in the US.

The description must say that the job requires x amont of experience ONLY. If we get LC approved this way, then it is possible for a 3 year degree holder to obtain I-140 approval.


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Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website.

-----------

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

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any comments?

any comments from experienced people in this forum?

i am just an amateur and was making an intellingent guess!!

please provide your views as I am on the same boat... (have a 3 year degree)
 
madankumars,

If you are starting a new labor cert, we can specify such way that 3 year degree or combination of degrees are acceptable (including some words in the labor cert). But those who are already passed that stage (I140 denied or re-file) it doesn't matter what category we apply as the labor cert did not take combination of degrees into consideration. Unfortunately, we just have to try our luck and see if the application goes through (if we get a good officer).....

BCIS is not consistent with 3 year degree approvals/denials, it all depends on the officer.
 
thanks!

yo man united nations

thanks for your insight.

FYI i have not yet started my GC process. Even my LC has not yet been filed.

i am just doing a complete research on the GC and want to know the entire process before even starting so that i dont get stuck somewhere down the track.

Also it'll help me to talk sense with my attorney when i have to.
 
In my case we had the following on the ETA 750 but still got rejected.

The Item 14 on ETA 750 states, Bachelor's or equivalent*

* Will also accept foreign educational studies and/or professional training deemed equivalent to a US bachelor's degree.
 
Hello everybody,

Looking at all these postings, I think I am in a very big trouble. My labour did not include any provision for degree equivalencey. It simply says that Bachelors degree. And in the special requirements, it says Oracle or SQL DBA certification which I satisfy being a Oracle Certified Database administrator. I have a 3 year degree (B.Sc) in computer science. I also have 9 years and 7 months of IT expereience before joining the curent employer who is my GC sponsor. My educational evaluation includes my 3 year degree, one year diploma in computer appliations and 3 years of experience out of 9years and 7 months to give me US equivalent bachelors in computer science.

I know my case is very difficult. My company is very big. 53,000 employees and have a big revenue and net profit. My salary is more than US $ 85,000.

Do you guys think, BCIS may give some concessions with the educational equivalence because of the size of the company and etc..?

Just fingers crossed and waiting......
 
TIPTOP123,

Not to worry buddy!!!!! I have just heard that freind of mine got approved today with 3 years Degree + 2 Years Diploma. (his case is substituion labor) Filed some time in OCT 2002.

Just relaxxxxxxxxxxxxxxxxxxxxx

BTW it is in Vermont Service Center
 
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