I 140 issue with Education Credentials - Guru's Please provider your expert advice

[GREEN_WHERE]

My Ex Employer has decided for me to provide a susbstitue LC EB2
With following Eductation requriement in Labour application 14 and 15th item

Section 14:
Grade school 8 years
High school 4 years
College 5-6 years
College degree: MS or Equivalent.*
Major Field of Study. CS Information Science or related field.
Experience 0 Yrs.

Section 15: Other special requirement None.
* or BS or equiv. in the same field plus five (5) years progressive experience.

My Education
Bsc Computer Science ( 3 years)
Msc Computer Science (2 Years)
and 9 years of experience.

Lawyer is aruguing that Labor Substitution cannot be done, it will be rejected because of my 3+2 year Education credentials.

Please help me out on this. I already have EB3 labor approved but PD is NOV 2004 so I decided to go for a Labor Substitue.

Please help me out on this.

 

[radhagd]

My Ex Employer has decided for me to provide a susbstitue LC EB2
With following Eductation requriement in Labour application 14 and 15th item

Section 14:
Grade school 8 years
High school 4 years
College 5-6 years
College degree: MS or Equivalent.*
Major Field of Study. CS Information Science or related field.
Experience 0 Yrs.

Section 15: Other special requirement None.
* or BS or equiv. in the same field plus five (5) years progressive experience.

My Education
Bsc Computer Science ( 3 years)
Msc Computer Science (2 Years)
and 9 years of experience.

Lawyer is aruguing that Labor Substitution cannot be done, it will be rejected because of my 3+2 year Education credentials.

Please help me out on this. I already have EB3 labor approved but PD is NOV 2004 so I decided to go for a Labor Substitue.

Please help me out on this.

You may not have any problems since you have 9 years of experience. Your masters is considered as US Bachelors equivalent. Same happened to me in my 2 cases(approved at NSC), USCIS recognized my Masters as bachelors and looked for 5 years experience and you can also look at the following link which clarifies your doubt.

http://www.greencardapply.com/news/news06/news06_0829.htm
Note:make sure you have 5 years experience as of substitute LC PD date

 

[GREEN_WHERE]

Thanks for the reply

Hi radhagd

Thanks for the reply.
Your information really helped in understanding.

I am think of approching a Good Lawyer on advice and filing I 140. I will keep post what is the progress on it.


Thanks

 

[st4rguitar]

Your lawyer is correct. You cannot do a subsitution unless it has the 3+3 language in it, which you would fit into. Your credentials do not qualify for a US master's according to DOL/USCIS standards/credentials, as you would only be able to qualify under EB2 if you had a 4-yr Bach and 2-yr mast or 3-year bach and 3-year mast. I've only heard of one other case like the one below. That client got really lucky.

My Ex Employer has decided for me to provide a susbstitue LC EB2
With following Eductation requriement in Labour application 14 and 15th item

Section 14:
Grade school 8 years
High school 4 years
College 5-6 years
College degree: MS or Equivalent.*
Major Field of Study. CS Information Science or related field.
Experience 0 Yrs.

Section 15: Other special requirement None.
* or BS or equiv. in the same field plus five (5) years progressive experience.

My Education
Bsc Computer Science ( 3 years)
Msc Computer Science (2 Years)
and 9 years of experience.

Lawyer is aruguing that Labor Substitution cannot be done, it will be rejected because of my 3+2 year Education credentials.

Please help me out on this. I already have EB3 labor approved but PD is NOV 2004 so I decided to go for a Labor Substitue.

Please help me out on this.

 

[GREEN_WHERE]

Will I Qualify for EB3 then with Same Labor?

Thanks for the reply - St4rGuitar
In that case If 3+2 education cannot be equated US Master,
Can I use this labor and get EB3 I 140 approved instead of EB2?
Please advice.

Regards,

 

[MunnaBhai71]

I am in the same boat

LC says
Bachelor of Science
OR
Foreign Degree Equivalent
OR
Equivalent Work Experience

I have B.SC(3 years) and MCA(3 years). Mine is EB3 with NSC. Please advise.

Thanks

Your lawyer is correct. You cannot do a subsitution unless it has the 3+3 language in it, which you would fit into. Your credentials do not qualify for a US master's according to DOL/USCIS standards/credentials, as you would only be able to qualify under EB2 if you had a 4-yr Bach and 2-yr mast or 3-year bach and 3-year mast. I've only heard of one other case like the one below. That client got really lucky.