I-140 denied - please help

N

nick2

Registered Users (C)
I\'ve got LC in EB3. Requirements for my position were: BS in Comp Sci + 4 years of experience.

My diploma is MS in Applied Math. When making evaluation for LC, my MS in App Math + 4 years of experience in software development were considered to be equivalent to BS in CS.

At I-140 stage my attorney received RFE from INS. He contacted me and asked me to provide additional 4 years of expirience, since 4 years required by LC were used in diploma evaluation. I provided another 5 years, but still got denial. As I understand now INS wanted BS in CS based solely on education.

Now my attorney made a new evaluation which states that I have MS in CS without any experience. We want to refile I-140 with this new evaluation. Is everything OK here, or I may fail again?
 
Which INS Center ?

Mine is also similar case, replied to REF on 02/06(NSC) and waiting for INS reply ? Can you tell your dates also please..
 
EB2 or EB3 ?

Sorry to ask you again , your\'s is EB2 or EB 3 ? mine is EB3
Thanks for your information..
 
Gking, I am little bit worried after going through this thread...

My LC says BS or equiv.degree* in CS or Engineering or Maths or equiv. and 2 years of programming exp.

*May substitute BS with Associates or equiv.degree and 2 years of addl.experience.

I have a BS (Physics) + 1.5 years Post Graduate Diploma in Systems Management with 11 years of programming experience. Mine was evaluated as US equivalent Associates degree in Physics.

With the above,do you think that I will survive my I140 ?
 
Thanks Gking

Mine is EB3(RIR) with VSC (ND: Feb-04-2002). Hope everything will go on well. Thanks again.
 
The answers to Gking

Initially I was asked to provide evidence for expirience for 4 years. I obtained this from my previous boss. When later I was asked to provide evidence for another four years, I obtained that from my ex college (not employer) who now is also in the US. These 5 years is for the work in my original country. I also work for my current company for 3.5 years now, but it I know it does not count.

Requirment for LC was BS in CS (no \'or equivalent\' wording) + 4 years of experience.

The checked items in RFE said:

  x Please submit documentary evidence to show that beneficiary has the education, training and/or experience required by the Application for Allien Employment Certification (ETA-750) that has been certified by the US Department of Labor. Evidence may consist of copies of degrees, diplomas, training, certificates, and letters from former employer(s). Letters from former employers must give the dates employed, number of hours per week worked, title, and duties on a day-to-day basis.

  x The ETA-750 requires a Bachelor of Comp. Sci. The alien\'s degree is in Applied Math. There is not a match.

After receiving this RFE my attorney told me to provide evidence of additional experience for 4 years, saying that my 4 years filed to INS are used by diploma evaluation. I have no idea why he did that. May be he called to INS and they told him to do so.

Here is the text of denial:

  The ETA-750, Application for Alien Employment Certification requires Bachelor\'s Degree in Comp. Sci. This requirement has not been quilified. The beneficiary has a degree in Applied Math. The beneficiary does not have a degree required by the LC.

Now let me repeat my question. My attorney obtained a new evaluation finding my academic credentials alone to be the equivalent of a Masters in Comp. Sci. He thinks that this will satisfy INS. He is about to refile I-140. My question - WILL IT WORK? This is really my last chance.
 
I don\'t understand

>Suppose the LC said "BS in CS or Equivalent" + 4 years, your >attorney messed up the I-140 again without indicating your 4 years >of experience in the I-140.
But he did indicate 4 years.

Now if my diploma is evaluated to MS in CS, doesn\'t it cover BS in CS requirement? I think I cannot have less than BS in CS, or less than 4 years. Now I actually exceed both.

>But at the mean time, I suggest you to file new LC as soon as >possible, and make sure it is properly filed.

My 6 years expire in March 2003. LC requires more than a year. It seems like I don\'t have enough time. Or once I-140 is filed I can get H1B extension? Furthermore, my company listens for the attorney, I doubt they will file another LC.
 
I think I\'m late

But it will require putting ads in the newspaper, waiting for potential candidates and all this stuff. Definately will take more than a month. And as I said my 6 years expire in the end of March 2003. So I think I have nothing to do, but wait.
Gking, thank you very much for your input.
 
Here\'s the problem - "or equivalent" does NOT mean of equivalent education and experience

If the employer will accept the equivalent of a BS it must be specifically stated in the LC. The fact that the evaluator used the experience to get to the required bachelors doomed your petition to begin with. Stating "or equivalent" actually wouldn\'t have helped. I\'ve actually used the "or equivalent" language (by that I mean foreign equivalent) and had DOL issue an NOF to remove the language. The LC should have been written to cover the degree that you actually earned without using any experience and then requiring additonal years of relevant experience.

It\'s a very common error.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
What does \'equivalent\' mean

If the LC requires BS degree and the evaluation comes out to be say-
\'The degree of education comes out to be equivalent to Bachelors degree\'Is it not acceptable?

Do you say that the requirement in LC should say "BS or equivalent"?

The evaluators compares the Indian degrees with the US education and
evaluates by saying the phrase "your degree is equivalent to bachelors degree in US".

what do you think?

Thanks
Naveen
 
The same question to Jim

My attorney obtained a new evaluation finding my academic credentials alone to be the equivalent of a Masters in Comp. Sci. He thinks that this will satisfy INS. He is about to refile I-140. My question - WILL IT WORK?
 
Naveen and Nick

Nick: I think this will work. You need to meet or exceed the job requirements and it seems clear that a Masters exceeds a Bachelors.

Naveen: Or equivalent means foreign educational equivalent and does not permit the use of experience.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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