I-140 Notice of Intent to Deny (NOID)

L

lionking007

New Member
BCIS has sent me a Notice of Intent to Deny for my I-140.

I have a 3 year Bachelor of Commerce Degree from India.

INS is contesting that because I have a 3 year Bachelor degree, it is not equivalent to 4 year degree in USA.

In my LCA, my lawyers have mentioned the following minimum qualifications for a worker to perform job described
College - 3 years
College Degree required - Bachelors Degree
Major Field of study - Comp. Sci, Math, Eng, MIS, Commerce

My lawyer is preparing to file an appeal. Please advise on what should be our strategy and what are my chances of getting I-140.

Note : I filed under EB3 category from Vermont.
 
Bachelor's degree in the United States means a 4 year degree. Your LC requirement also states bachelors degree as a requirement. If you do not have 4 years education after high school, then BCIS will not consider you as qualified. Moreover BCIS might also be questioning how a Commerce degree can be equated to comp Sc, math, etc. Did you get your educational qualifications evaluated in the US?

If you have earned credentials after your 3 year degree that puts your total education after high school at 4 + years that will help you towards the requirement. If you have prior experience you can refer to it in your response.
 
Thanks for the response nkm.

Though I have been working in IT since 1994, we have shown relevant experience of 2 yrs for the skillset that was given in the requirements for LCA.

I have done a Diploma in Computer Science from a computer Institute, but that was done simultaneously with my study of Bachelor of Commerce. Does that qualify for additional year of my education.

My lawyer has also shown 3 years under the heading for College.

Please advise.
 
same problem

I received the same noid.
Slightly different my Bsc degree was Com. science and I had a course after that. Watch my thread in California service center area.

smh
 
Thanks

smhsha

Thanks for your reply. My lawyer has already filed an appeal on the grounds that we had spefically asked for 3 year college experience and had not specified if the Bachelor degree should be from USA or some other univ abroad.

After reading the article from Murthy web site, I do not think our argument in the appeal will be entertained. I have 8 years of IT experience. But for the relevant skillset as per my LCA, we have only shown 3 year experience.

That falls 2 yrs short of 5 year experience that we should have shown as per Murthy article.

I do not know if I stand any chance now.

What is your strategy going to be ? Please let me know so that maybe I can warn my lawyers about what BCIS might come up with next.

Regards
 
Hi GURUS,
Here, in my case some what different. There was one year gap between my Intermediate (i.e 10+2) education and my Bachelors in computers and commerce (3 years bachelors) education.I have a diploma course (PGDCA) in that period (i.eafter 10+2). Can I show this one year + 3years Bachelors as US equivalent Bachelors. Please let me know weather this works or not. I appreciate your help. Thanks..............
 
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