I-140 intention to deny due to lack of Edu equivalency

S

smhsha

Registered Users (C)
Hello,
I am looking for recommendation for educational evaluators.

Here is my case:
BCIS sent intention to deny my I-140. The reason being:
The requirement in LCA is BS(comp sci) or equivalent.
I have a BSc(comp. sci) + Computer course from Anna university.
The educational evaluation submitted states both my degree+the course is equivalent to BS(comp. sci) in US. BCIS claims the equivalency should not take two certificates, instead it should take just one (i.e just my Bsc degree).

The plan now is to get educational evaluation for getting equivalency only with my Bsc degree.
If I do not get any evaluation in this way, legal argument will be put forth along with a best evaluation we get.

1. Is it possible to get equivalency with just my Bsc(comp sci) degree. (to BS)
2. What are the educational evaluators you guys recommend?
(Any best eval who BCIS recognizes)
3. Any other idea?

I have also looked at the link

http://www.murthy.com/ukmurtak.html

smh
 
smhsha, I am in a kind of same situation but the difference is that BCIS has issued an RFE.

Please let me know the EB category and did you receive an RFE prior to this?

My LCA says, BS (CS) or professional training equivalent. I have a 3 years degree. Looks like my attorney is getting a ed. eval for my BS degree which is 3 years equivalent to BS in US. For the 1 year of education we are producing a professinal training letter equivalent to 3 years of training.

I have not yet filed my I-140 RFE.
 
Mine is EB3

I have applied in EB3.

Yes I did recieve an RFE before. The RFE did not ask anything about the education.
RFE was as below.
1. My previous employment: Letter from my previous employer for confirming my full time employment. (not part time)
2. W2 forms
3. Financial details from my current employer for ability to pay me for the last year.
4. And some typo in the application.

What's the edu evaluator your attorney is contacting?

Shouldn't it be stating, 3 yrs Bsc equivalent 4 yrs BS?
How is it possible to split 3yrs BS + 1 yr training.

Smh.
 
smhsha, I don't think any Ed. evaluator will equate the 3 years degree to a US BS (4 years) degree. Since we have specified in the LCA that we would accept a BS degree or professional training equivalent. We are using the professional training letters to support the 1 year.

I haven't seen the copy of my ed. evaluation. I will post the ed. evaluator details on this forum once i get a chance to see the ed. eval. copy.
 
Is it not a discrepancy that BCIS considers education + experience for H1 for credit towards US Bachelors degree and not consider the same standards for GC processing.

I wonder if this would stand in court if challenged. Does any one know if any petition has been filed in this regards, that would be helpful to lots of people working on H1 and has been contributing greatly to social security.
 
http://www.murthy.com/chat0908.html
Chat User : I have a 3-year degree from India along with 3 years of work experience. I have been evaluated as an undergraduate. Is there a way of obtaining H1B based on the 3 years' work experience?

Attorney Murthy : Although it is possible to file for an H1B petition, some BCIS examiners incorrectly issue an RFE based on a person's not having the minimum 4-year college education. Even consular officers make this mistake. However, this lack of a 4-year degree is not a bar to obtaining an H1B approval if the education and work experience are in the same field in which the person is working and the job requires a Bachelor's degree or its equivalent, since it should be a professional job. The lack of a 4-year degree may be more of a problem when filing for the LC / GC since there is no way that any experience can equate to the required education for a professional position. So, a different strategy may have to be used for the LC / GC stage than for an H1B now.
 
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