I-140 RFE (Education).. Please help.
- Thread starter Neel28
- Start date
NO!
Unless the LC SPECIFICALLY states that experience will be accepted in lieu of education ("B.S. or equivalent" is NOT good enough) you can not use experience to get to the bachelor's degree.
Using experience in lieu of education is routine for H-1 filing and this is a common area of errors that cause denial at the I-140 stage. Attorneys need to examine the education and evaluation documents closely to verify requirments. 90% of the denials that I have seen have been for this or similar reasons.
Unless the LC SPECIFICALLY states that experience will be accepted in lieu of education ("B.S. or equivalent" is NOT good enough) you can not use experience to get to the bachelor's degree.
Using experience in lieu of education is routine for H-1 filing and this is a common area of errors that cause denial at the I-140 stage. Attorneys need to examine the education and evaluation documents closely to verify requirments. 90% of the denials that I have seen have been for this or similar reasons.
You need to get an evaluation using only education that states that you have the equivalent of a US Bachelor's degree and then argue the point with INS. It still may not work since INS (now BCIS but old habits die hard) often has problems with NIIT education. INS seems to feel that NIIT classes are more analogous to trade school classes than they are a University education.
Look at the LC carefully, if it specifically provides for experience in lieu of education (INS normally permits 3 years of experience to equal 1 year of college education) you may be ok using the experience.
Without seeing the documents that's the best I can do.
Look at the LC carefully, if it specifically provides for experience in lieu of education (INS normally permits 3 years of experience to equal 1 year of college education) you may be ok using the experience.
Without seeing the documents that's the best I can do.
Any updates lately on this situation, I am in same boat your are in, but still I haven't got labor approved. I applied my LC in EB3 regular, and I have similar condition like 3 year bachelor degree (BSC Computer science) + experience.
Jim--- Do you have any suggestions to over come this situation in labor level itself, so that before labor got approved, we put some kind of specific clause to over come the above scenario?
Jim--- Do you have any suggestions to over come this situation in labor level itself, so that before labor got approved, we put some kind of specific clause to over come the above scenario?
cj72,
We replied the RFE with a evaluation which says my education and experience are equivalent to U.S bacheor's degree and haven't heard anything yet.
Its all depends on what LC says in Education, Major field of study and experience requirment for the position applied for.
I have been told that BCIS usually consider 3 year degree as 2 year degree and 3 years of work experience as 1 year of degree.
My attorney already told me to prepare for the worst.
I don't know why he didn't catch this problem 3 years ago when I file ETA 750.
Anyway Good luck
We replied the RFE with a evaluation which says my education and experience are equivalent to U.S bacheor's degree and haven't heard anything yet.
Its all depends on what LC says in Education, Major field of study and experience requirment for the position applied for.
I have been told that BCIS usually consider 3 year degree as 2 year degree and 3 years of work experience as 1 year of degree.
My attorney already told me to prepare for the worst.
I don't know why he didn't catch this problem 3 years ago when I file ETA 750.Anyway Good luck
Techie_ssp
Registered Users (C)
I do not want to disappoint you but this is what have happened to me too.
My I140 denied on the same basis. They did not accept the combination of education and experience as a US Bachlor degree. You may have to start from labor cert. again if the same happens to you.
Good Luck.
My I140 denied on the same basis. They did not accept the combination of education and experience as a US Bachlor degree. You may have to start from labor cert. again if the same happens to you.
Good Luck.
Did you get the evaluations done?
What I understand from my company lawyer, I quote
"They accept education and experience but you cannot double count the experience. For example if you have a B Comm. with 4 years of experience. The rule is that 3 years of exp. equals one year of education. Therefore to have 4 years of education (3 yrs. b. comm and 3 yrs exp) only one more year is left over for the experience requirement on the Labor Certification." Unquote.
Hope this helps.
What I understand from my company lawyer, I quote
"They accept education and experience but you cannot double count the experience. For example if you have a B Comm. with 4 years of experience. The rule is that 3 years of exp. equals one year of education. Therefore to have 4 years of education (3 yrs. b. comm and 3 yrs exp) only one more year is left over for the experience requirement on the Labor Certification." Unquote.
Hope this helps.
Hi Tito9:
I don't think the INS will accept any experience AT ALL unless explicitily stated on the AEC. Infact in my case, I got an eval done this way:
3 year degree (bcom) + 1 year US University Coursework in a community college which is 12 + 3 + 1 = 16 years and the eval said equivalency is equal to a BS in CIS. The INS sent back an RFE saying that I don't have the min education which is a bachelors as listed on the AEC. So I guess they don't like my eval too, which is all education
So I am not sure what they accept and what they don't. In today's times, I would say if you don't have a 4 year degree, then no educational eval will help..being pessimistic, but what to do..??????
I don't think the INS will accept any experience AT ALL unless explicitily stated on the AEC. Infact in my case, I got an eval done this way:
3 year degree (bcom) + 1 year US University Coursework in a community college which is 12 + 3 + 1 = 16 years and the eval said equivalency is equal to a BS in CIS. The INS sent back an RFE saying that I don't have the min education which is a bachelors as listed on the AEC. So I guess they don't like my eval too, which is all education
So I am not sure what they accept and what they don't. In today's times, I would say if you don't have a 4 year degree, then no educational eval will help..being pessimistic, but what to do..??????
Friends,
Today I got my I140 approval notice even though the online status still says "inprocess". They ( BCIS ) have received my RFE reply on march 3rd week and it took 2 weeks for them to process it.
I was so tensed after response from some friends over here but finally ( luckly!) got through it even though my LC and education+experience doesn't match.
I140 ND: Dec 23rd 2002
approval : April 4th 2003
Good luck to all and thanks lot for the help.
I have filed my 485 concurrently and don't have any idea of how long thats gonna take.
God is great!
Thanks
Neelesh
Today I got my I140 approval notice even though the online status still says "inprocess". They ( BCIS ) have received my RFE reply on march 3rd week and it took 2 weeks for them to process it.
I was so tensed after response from some friends over here but finally ( luckly!) got through it even though my LC and education+experience doesn't match.
I140 ND: Dec 23rd 2002
approval : April 4th 2003
Good luck to all and thanks lot for the help.
I have filed my 485 concurrently and don't have any idea of how long thats gonna take.
God is great!
Thanks
Neelesh
Hee Haw--Congrats
Phew. This is really very good news for all of us. There is justice at the BCIS looks like and sometimes intelligent people make decisions.
I am very happy for you. I hope this is a start of a good luck charm for all us who received RFE's
BTW, was the RFE a "Request for Evidence" or "Intent to Deny".
Thanks.
Phew. This is really very good news for all of us. There is justice at the BCIS looks like and sometimes intelligent people make decisions.
I am very happy for you. I hope this is a start of a good luck charm for all us who received RFE's
BTW, was the RFE a "Request for Evidence" or "Intent to Deny".
Thanks.
Jim,
Actually you were right in the earlier comments, even my attorney told me the same thing, They don't consider certain certificate cources from india. But some how it got through! Infact he asked me to "CROSS MY FINGURE" and I did!
obsoza,
it was a RFE ( Request for Evidence), They haven't mention anythig about "indent to deny" in that notice.
I have no idea of any "RFE" chances regarding this issue in the 485 statge.
-Neelesh
Actually you were right in the earlier comments, even my attorney told me the same thing, They don't consider certain certificate cources from india. But some how it got through! Infact he asked me to "CROSS MY FINGURE" and I did!
obsoza,
it was a RFE ( Request for Evidence), They haven't mention anythig about "indent to deny" in that notice.
I have no idea of any "RFE" chances regarding this issue in the 485 statge.
-Neelesh