I-140 denied; EB2 EB3 Issue; Please Help

P

palakpaneer

Registered Users (C)
Hi Experts,
My I-140 got denied. It was filed in EB2 based on my 3 + 2 yrs of education (3 years B.Sc in Chemistry and 2 years in M.S.in Chemistry) and 6.5 years of IT work experience.

I am in deep trouble an my attorney was hiding it from last 2 weeks. I am not sure whether they send RFE or directly the denial letter.

What are my options? Please please reply ....
Thank you,

--------------------------------------------
H1: 9th Year
LC: PD:Mar 05; Approved: Jan 07
I-140: RD:Mar 07 (NSC;EB3); Denied:1st July 08;
I-485: RD:July 07; ND:Aug 07
--------------------------------------------
 
One approach would be to file an MTR attempting to prove that your qualification is equivalent to U.S. 4 years degree. Please check this link.
 
Palak,
A 3 year bachelor's degree and 2 year master's degree are not equivalent to a US Master's degree (4 yr. bach + 2 yr. mast) in the eyes of the USCIS. Was the requirement a Master's degree + x years of experience or a Bachelor's degree plus 5 years of experience? I heard on AILA of ONE CASE only where the Master's + 1 was approved in this situation in that the incredibly intelligent attorney argued that the history of the education (i.e. the bach degree) was not in question, but the Master's degree in India (2 years) was equivalent to the Master's degree in the US (2 years.) However, I have only heard of this ONE case where that was ever approved.

Please provide more details about your case (i.e. the requirements for it.)
 
Can you provide more detail about the case that was approved. The requirement in my case is Masters + 5 years experience. I have a B.Sc from India + 1.5 years NIIT + an MBA. My I-140 got rejected because of my Bachelors degree not being 4 years..

st4rguitar said:
Palak,
A 3 year bachelor's degree and 2 year master's degree are not equivalent to a US Master's degree (4 yr. bach + 2 yr. mast) in the eyes of the USCIS. Was the requirement a Master's degree + x years of experience or a Bachelor's degree plus 5 years of experience? I heard on AILA of ONE CASE only where the Master's + 1 was approved in this situation in that the incredibly intelligent attorney argued that the history of the education (i.e. the bach degree) was not in question, but the Master's degree in India (2 years) was equivalent to the Master's degree in the US (2 years.) However, I have only heard of this ONE case where that was ever approved.

Please provide more details about your case (i.e. the requirements for it.)
Click to expand...
 
Last edited by a moderator:
3+2

While there are never guarantees with USCIS, the 3 year bachelor's degree + 2 year masters are getting a good many approvals when properly evaluated and the evaluation and brief cite the proper references.

What is your Labor Certificate education education requirement?

I would be happy to review your documents at no cost. Email me for more information sheila at danzig dot ...
 
Shiela is right about it!

Sheila is right, I got my I 140 approval yesterday. My story - EB2 - Perm - 3 year degree with 2 year Computers Post Graduation Degree from a University in India. Got RFE asking to provide evaluation that my PG degree is given admission only for those who have competed atleast graduation.

Did a little bit research and approached Shiela and got a lengthy eval. done and submitted on 5th August 2008, which was a final day for RFE and got approval on 10th Sept'2008.

:D


FAQ

PERM EB2 - Feb 2007 - Approved July 2007
I 140 & 485 -10 Aug 2007
I 140 RFE - Education Eval - June 2008
RFE Replied 5th Aug 2008
140 Approval - 10th Sept 2008 :D :D
 
did anyone have success with evaluating NIIT or Aptech degree with formal education.
 
Last edited by a moderator:
Congratulations. It is always good to read good news on this board.

We have been seeing virtually only approvals for the 3+2's for the I140's the past many months.


FAQ said:
Sheila is right, I got my I 140 approval yesterday. My story - EB2 - Perm - 3 year degree with 2 year Computers Post Graduation Degree from a University in India. Got RFE asking to provide evaluation that my PG degree is given admission only for those who have competed atleast graduation.

Did a little bit research and approached Shiela and got a lengthy eval. done and submitted on 5th August 2008, which was a final day for RFE and got approval on 10th Sept'2008.

:D


FAQ

PERM EB2 - Feb 2007 - Approved July 2007
I 140 & 485 -10 Aug 2007
I 140 RFE - Education Eval - June 2008
RFE Replied 5th Aug 2008
140 Approval - 10th Sept 2008 :D :D
Click to expand...
 
Hi
I recieved an RFE on my I-140 application in Nov 2007 (i-140 filed in Nov 2006) on the basis of three year degree issue (Bachelors of Commerce(3 yr), India. MBA (2 yrs) India and 5+yrs of IT experience).
Answered the RFE but my 140
application got denied in April 2008. My Labour certfication application (ETA 750) says Job Requirement is Bachelors Degee + 5 Yrs of experience
(the term EQUIVALENT not mentioned).
My attorney filed for an appeal in the AAO office in Jun 2008 alongwith my degree evaluation being done from Trustforte Inc. Waiting for the AAO decision.

What do u think are the chances of my case getting approved?Any help/suggestion is highly appreciated.
Thanks
 
Hi
I recieved an RFE on my I-140 application in Nov 2007 (i-140 filed in Nov 2006) on the basis of three year degree issue (Bachelors of Commerce(3 yr), India. MBA (2 yrs) India and 5+yrs of IT experience).
Answered the RFE but my 140
application got denied in April 2008. My Labour certfication application says Job Requirement is Bachelors Degee + 5 Yrs of experience
(the term EQUIVALENT not mentioned).
My attorney filed for an appeal in the AAO office in Jun 2008 alongwith my degree evaluation being done from Trustforte Inc. Waiting for the AAO decision.

What do u think are the chances of my case getting approved?Any help /suggestions is highly appreciated.
Thanks
 
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