I-140 denied educaitonal grounds

L

leeladhar

Registered Users (C)
My I-140, EB-2 got denied on educational grounds.
I have BSc (3Yr) + MSc (2YR) from India. I got my evaluation done form Trust forte using both the degrees. They evaluated equal to Masters in US.
But NSC denied the I140, saying that it is not equal to US Masters.

In this case what can I do ? Please advise.

Thank you
Leeladhar
Leeladhar1999@yahoo.com
 
Please let us know following

details of Column 14/15 - ETA 750 or PERM details.



leeladhar said:
My I-140, EB-2 got denied on educational grounds.
I have BSc (3Yr) + MSc (2YR) from India. I got my evaluation done form Trust forte using both the degrees. They evaluated equal to Masters in US.
But NSC denied the I140, saying that it is not equal to US Masters.

In this case what can I do ? Please advise.

Thank you
Leeladhar
Leeladhar1999@yahoo.com
Click to expand...
 
I140 denied educational back ground

My PERM Labor says Master degree in Chemistry or equivalent, min . two years experience.

Do not accept other combination of education/experience.

Min. Educaitonal level : Masters.

I have experience of about 12 yrs. Based on the evaluation given equivalent to Masters we applied like that. But that did not worked.
Can I apply for MTR ? Is it because we used two degrees ( BSc+MSc) or becasue of 3 Yr bachelors + 2 Yr Masters.
But even in US there are universities which after 12 Yrs of Highschool admit directly in to Masters program and award Masters degree after 5yrs.

Please advise.
 
It's because you have totally 15 yrs of education and they needs 16 yrs of education.

If it's possible you can convert this case to EB3.

leeladhar said:
My PERM Labor says Master degree in Chemistry or equivalent, min . two years experience.

Do not accept other combination of education/experience.

Min. Educaitonal level : Masters.

I have experience of about 12 yrs. Based on the evaluation given equivalent to Masters we applied like that. But that did not worked.
Can I apply for MTR ? Is it because we used two degrees ( BSc+MSc) or becasue of 3 Yr bachelors + 2 Yr Masters.
But even in US there are universities which after 12 Yrs of Highschool admit directly in to Masters program and award Masters degree after 5yrs.

Please advise.
Click to expand...
 
Do u know why H section of ETA9089 points 7 to 10??

H sec Points from 7 to 10 of PERM is giving excellent opportunity to handle cases like you.

Fill these items and refile labor ...that is easy step.



leeladhar said:
My PERM Labor says Master degree in Chemistry or equivalent, min . two years experience.

Do not accept other combination of education/experience.

Min. Educaitonal level : Masters.

I have experience of about 12 yrs. Based on the evaluation given equivalent to Masters we applied like that. But that did not worked.
Can I apply for MTR ? Is it because we used two degrees ( BSc+MSc) or becasue of 3 Yr bachelors + 2 Yr Masters.
But even in US there are universities which after 12 Yrs of Highschool admit directly in to Masters program and award Masters degree after 5yrs.

Please advise.
Click to expand...
 
I 140 denined educational back ground

What is the best way we can fill these 'H' items, Can we say Masters and or Bachelors both accepted? 2Yr or 5 yr exp is accepted?

While filing for PERM and later decide EB-2 or EB-3 while filing I-140?

Is it possible to re-file using the same labor udner EB-3?

Please comment
 
I140 Denied Educational Background

Yesterday my I140 got denied so as the I485. It was applied in EB2. My company lawyer says it was denied on educational ground.
My Education :

Matriculation (11 years)
I.Sc ( 2 years)
AMIE (Equivalant to BE).

My lawer says the objection was for the AMIE. But my education was evaluated when the first time entered the country in 2000. It was evaluated as equivalant to BS degree in Electronis Engineering in US.

My lawyer says he will refile the I140 with a new evaluation
but will not appeal.

Is that the right method ? My H1 is expiring in June 2007 , I am unfortunate that it just happened now .. I just applied my H1 extension for 8th year 2 weeks ago.

Another thing is if I log in to USCIS website .. it still show all my I140 and I485 as pending..but the last update date on all of them are Feb. 9th. I am really confused.

Please help through some light in this matter

Thanks
Ashok
 
gugababa67 Sorry to hear that.

Was there any RFE for Education? or Straight Denial? I assume it was at NSC. Regular or Premium Processing?

KGP

gugababa67 said:
Yesterday my I140 got denied so as the I485. It was applied in EB2. My company lawyer says it was denied on educational ground.
My Education :

Matriculation (11 years)
I.Sc ( 2 years)
AMIE (Equivalant to BE).

My lawer says the objection was for the AMIE. But my education was evaluated when the first time entered the country in 2000. It was evaluated as equivalant to BS degree in Electronis Engineering in US.

My lawyer says he will refile the I140 with a new evaluation
but will not appeal.

Is that the right method ? My H1 is expiring in June 2007 , I am unfortunate that it just happened now .. I just applied my H1 extension for 8th year 2 weeks ago.

Another thing is if I log in to USCIS website .. it still show all my I140 and I485 as pending..but the last update date on all of them are Feb. 9th. I am really confused.

Please help through some light in this matter

Thanks
Ashok
Click to expand...
 
hi KGP,

Yes it was NSC. It was normal processing and was applied in May 11 2006. I am not sure whether it is a straight denial or RFE. I just got the denial of 485 with me which says it got denied because I140 was denied. The next day my lawyer said she also received a letter. I do not know the contents. He just said if I have any more documentation, to send it to him. He is going to do evaluation through different agency and reapply I140. She was saying appeal takes long time. So reapplying is better.I just pray and hope everything goes ok.

Do you have any suggestion ? Please let me know I will talk to my lawyer. Really it is like falling from the sky after staying here for 7 years and at the last moment hearing about this. This is my one and only company and I am working for them in the same project from day one.

thanks
Ashok
 
please let me know labor details.

gugababa67 said:
Yesterday my I140 got denied so as the I485. It was applied in EB2. My company lawyer says it was denied on educational ground.
My Education :

Matriculation (11 years)
I.Sc ( 2 years)
AMIE (Equivalant to BE).

My lawer says the objection was for the AMIE. But my education was evaluated when the first time entered the country in 2000. It was evaluated as equivalant to BS degree in Electronis Engineering in US.

My lawyer says he will refile the I140 with a new evaluation
but will not appeal.

Is that the right method ? My H1 is expiring in June 2007 , I am unfortunate that it just happened now .. I just applied my H1 extension for 8th year 2 weeks ago.

Another thing is if I log in to USCIS website .. it still show all my I140 and I485 as pending..but the last update date on all of them are Feb. 9th. I am really confused.

Please help through some light in this matter

Thanks
Ashok
Click to expand...
 
Hi A0001

I do not have the labor details. I spoke to my company people and talk to my lawyer and she said she is going to revaluate and reapply.

I did not want to piss off the lawyer asking to give me a copy of my LC. My company guys told me not to worry they will find a way out. My H1 is expiring on Jun 7th 2007. My extension was applied on Feb 5th .. but this decision came on Feb 7th. So my lawyer says the H1B extension will come back rejected. We will have to apply extension against the new I140 we are going to file. I trust them and just pray that everything works out for me. Will keep you posted.
 
Hi;
I am also having 10 year Matric + 2 year Isc + AMIE (equivalent to BE)+2 year Mtech.
PERM says bachelor of engineering and equivalent. My degree evaluation says equivalent to bachelor of engineering in USA.
My lawyer is ready to file I140. Should I file in premium processing or should I go regular. I am in seventh year.
Regards,
 
gugababa67 said:
Hi A0001

I do not have the labor details. I spoke to my company people and talk to my lawyer and she said she is going to revaluate and reapply.

I did not want to piss off the lawyer asking to give me a copy of my LC. My company guys told me not to worry they will find a way out. My H1 is expiring on Jun 7th 2007. My extension was applied on Feb 5th .. but this decision came on Feb 7th. So my lawyer says the H1B extension will come back rejected. We will have to apply extension against the new I140 we are going to file. I trust them and just pray that everything works out for me. Will keep you posted.
Click to expand...


what is your PD - and donot you get worried - your case will get thru - may be u have to fly EB3 intead of EB2.
 
Hi,

I have 10+Diploma(3 years) + AMIETE. My I-140 got approved. I hope everything went well with your case too.
 
With a 3 years Bachelors degree can I go for labor substitution?

My Labor priority date is June 2004 in EB3 category. My labor and I-140 are approved and I'm waiting for my I-485 filing. My education is Bachelors in Science(Electronics, Physics, Mathematics) - 3 years. I also have Post Graduate Diploma in Computer Applications for 1 year. I have experience for over 10 years.

I'm in this country for over 8 years and have been waiting so long for my Green Card.

I came across a company which has an Approved LC with current priority date in EB3. Education requirement says any Bachelors Degree (As per them, even 3 years Bachelors degree is ok). However, I'm hearing from some of my friends that even if the Education requirement in LC matches, it's still not advisable to go for Labor substitution on a 3 year bachelors degree and it's bound to get rejected with the new rules, especially in Nebraska.

My point is, on the same 3 year Bachelors degree my Labor and I-140 got approved in the past.

Please help me out on this. What do you suggest? If the education requirement matches, do you want me to proceed with the new approved LC? Or is it risky(since it's a 3 year bachelors degree) and better to stay with what I currently have? (EB3 June 2004 approval date, I-140 is approved)

Please help me out. Your advice would be a great help to me. Thank You.
 
A0001,

I have filled my I-140 at NSC and I have received RFE couple of days back. I didn't see the actual RFE since we didn't received.

Here is My Education:
I have 10+2+AMIETE additionally I have Bachelors in Mathematics (3Year Degree) + 2 Years PGDCA.

In the column 14 of form ETA 750A : It says Degree or Equivalent *

In the Column 15 of form ETA 750A : it says * Equivalent means any combination of education that results in the edu. equivalence of a BS degree in a listed filed. Must be documented by a creditable evaluation. Education may inlcude combinations of lesserr degrees. No. work expr. may used to eqate a BS Degree'.


My Immigraiton Dept is saying it may not be on Education,
Please let me know what are my chances.
 
Rithu15 said:
My Labor priority date is June 2004 in EB3 category. My labor and I-140 are approved and I'm waiting for my I-485 filing. My education is Bachelors in Science(Electronics, Physics, Mathematics) - 3 years. I also have Post Graduate Diploma in Computer Applications for 1 year. I have experience for over 10 years.

I'm in this country for over 8 years and have been waiting so long for my Green Card.

I came across a company which has an Approved LC with current priority date in EB3. Education requirement says any Bachelors Degree (As per them, even 3 years Bachelors degree is ok). However, I'm hearing from some of my friends that even if the Education requirement in LC matches, it's still not advisable to go for Labor substitution on a 3 year bachelors degree and it's bound to get rejected with the new rules, especially in Nebraska.

My point is, on the same 3 year Bachelors degree my Labor and I-140 got approved in the past.

Please help me out on this. What do you suggest? If the education requirement matches, do you want me to proceed with the new approved LC? Or is it risky(since it's a 3 year bachelors degree) and better to stay with what I currently have? (EB3 June 2004 approval date, I-140 is approved)

Please help me out. Your advice would be a great help to me. Thank You.
Click to expand...

It's too late.... LC Subs is no longer allowed by USCIS

Regards

VijaR
 
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