I-140 RFE NSC EDU EVAL 3 Yr B.Sc. Labor allows "ANY Science"

myusimmi

New Member
Got the RFE. It’s on Education.

Am B.Sc. (Non comp-science) and have applied under EB-3.

Here's the verbiage from RFE.

[Begin RFE Verbiage]
The submitted labor certification, From ETA 9089, requires that the beneficiary have a Bachelor’s Degree [or foreign degree equivalent] in the field of Computer Science, any Science, or engineering and 4 years of experience as either and Architect/Modeler, Business Intelligence, or Data Warehouse Methodologies as of the date of filing for labor certification (March 22, 2007)

The petitioner has submitted as evidence of the beneficiary’s qualifications: an educational evaluation from <evaluations company>, a copy of the beneficiary’s three year bachelor’s degree in the field of <non comp-science field>, a diploma from Aptech Computer Education, training certificates and several letters of experience. While the beneficiary appears to have the required experience, it is unclear whether the beneficiary has a bachelor’s degree or foreign degree equivalent. The submitted educational evaluation is different from those received by USCIS for similar credentials.

Please submit evidence that the benficiary obtained the required bachelor’s degree [or foreign degree equivalent] in the field of Computer Science, any Science, or engineering before March 22, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.

[End RFE Verbiage]


Verbiage in approved PERM labor:

[Begin Approved Labor verbiage]

Section H Job opportunity information (where work will be performed)
Line 4. Education Minimum level required : Bachelors
Line 4-B Major field of study: Computer Science
Line 7 – Is there alternate field of study that’s acceptable : Yes
Line 7-A – If Yes on Lien 7, specify the major field of study : Any Sceince or Engineering
Line 9 – Is a foreign educational equivalent acceptable : Yes
Line 10 – Is Experience in alternate occupation acceptable : Yes (48 Months)

[End Approved Labor verbiage]


My academics/experience:
• 3 Years Bachelor of Science (Not comp-science)
• 2 years diploma from Aptech Education (Aptech is a computer training institute from India)
• 8+ years experience prior to filing labor and with other employers

EDIT NOTE: All, please note that the rest of this original post has been edited to better phrase the options/questions after receiving some of the response. So thread readers, please read the thread accrodingly.
How do I proceed?

Option A. Submit transcripts and certificates only including that from Aptech.

Option B.
Option A + Revised Evaluation considering Aptech in the evaluation and equating to B.Sc. Comp Science?

Option C.
Option A + revised eduication evaluation supporting Bachelor in Botany US Equivalent?

Sorry for the long post. But wanted to share as much detail with you all as possible before asking the questions.

Questions:
1. What do you guys think? How should we structure the response? Which option should we go for?

2. Would there be a problem in submitting another evaluation showing B.Sc. Botany equivalent (while the original with I-140 showing B.Sc. Comp. science. Note that my labor does allow "Any Science" and we could submit the response calling out certain interpretations of RFE as requiring a revised eval)

Thanks.

(I have posted this across a couple of other immigrations forums that are not on this site and have received some good feedback there. If some of you have seen and shared your feedback to the same post on the other forums, don't think that I am demeaning your responses on the other forums. The only reason I am posting this here as well is to reach out to a wider audience for guidance. Thanks.)
 
Has USCIS accepted a course by course / credit by credit evaluation of a Indian B.Sc. equivalent to a US. B. Sc. in the same subject for anyone?

VectorP...thanks for the info.
 
Come on friends...share your experiences.

Especially EB-3 with 3 Year degrees that got I-140 approved recently.
 
I am in same boat my friend.

My I-140 got denied on same ground of 3 years foreign BS degree. I have B.Sc. three years from India and has 20 years experience in same field.

I submitted my I-140 appeal in end of 2007 and MTR in early 2008 on second time denied I-140 with same reason. Both cases are submitted with lot of evidences and step by step evaluation report as well as transcripts of university and both are pending till date. I used lot of money to get all those evaluation reports along with expert letters to prove my Indian BS degree equilent to US BS.

I don't see any positive sign unless somebody specially interfear and allow some liberties on this type of old cases which are stucked due to technical reasons. Many lawyers are demanding very high fees for filling this type of cases, say taking advantage and not doing proper job and follow up or not presenting technical difficulties to USCIS.

My priority date was mid 2002 and now due to this technical fault which lawyer made not me, I might loose GC of that case and might go back to india.
My suggetion to you is:

Immediately file another PERM as back up with some good local foreign lawyer
showing lower qualification like 2 years associated degree with some experience or 3 years foreign BS as qualification with 1-2 years minimum experience and get the aproval, if you have plan to stay longer.

It is very frasteting to show our qualification lower then actual which is like a insult to our degree.

All the best for your case.

Ram
( Joan327@hotmail.com )
 
I have 3 years of Bachelors Degree and 2 years of Masters Degree. Based on the masters degree, my attorney filed GC under EB2 category. After few months, I got an RFE with I-140 requiring to prove my equivalency of masters degree. On several forums, I read about Sheila who does evaluations. So, I got a new degree evaluation done from her. After replying to RFE, in about 4 days I got an approval. Thanks a lot to Sheila for making such a detailed and thorough evaluation.
 
i am in the same boat
i got denied i-140 in eb2 category i apealed but no positive answer got denied. but parrallel i filed another 1-140 in eb3 category. for god shape.

thanks
 
Can I have the Sheila contacts either email or ph number please?

I have 3 years of Bachelors Degree and 2 years of Masters Degree. Based on the masters degree, my attorney filed GC under EB2 category. After few months, I got an RFE with I-140 requiring to prove my equivalency of masters degree. On several forums, I read about Sheila who does evaluations. So, I got a new degree evaluation done from her. After replying to RFE, in about 4 days I got an approval. Thanks a lot to Sheila for making such a detailed and thorough evaluation.

Hey

Can I have the Sheila contacts either email or ph number please? Could
 
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