I140/485 Rejected after Master's Education RFE? Help

[keepingup]

Bad Luck Strikes!! I140/485 Rejected after Master's Education RFE? Any Suggestions?

07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification but non of the advertisements (paper and online) said Masters Degree required. They say so and so experience required and Degree required (not specifying what type of degree). I have Engg degree from India in relevant field.

Applied with Nebraska Service Center.

03/04 LC Approved

04/05 RFE to prove I got my Masters before 07/03

06/05 I140/485 Rejected stating I did not have Master's degree before 07/03.


1. Would appealing make sense?
2. Can I change my Labor and reapply stating that It was a mistake on part of the Lawyer?
3. Just was wondering why they did not reject my Labor when they did not see my degree certificate in first round.
4. Can I have an evaluator say my 25 credits and passing defense was equivalent to Masters?

I only have my H1 until 01/07.

Please provide your suggestions !! My lawyer is saying I cannot apply in EB2 with the same employer again as I did not have Master's degree when I joined. If I want to apply with the same employer she is asking me to apply for a different position like say a Manager.

Thanks,

DD

PS: When filing I140 my lawyer forgot to send a copy of my Master's degree and this came back and haunted us in a form of RFE.

--------------------

There are some possibilities always. So Please post all details like completion of BS, MS dates , start date of working, experience @labor filing date and exact wording in ETA 750 14 and 15 columns?

BS: completed 05/98

MS: Got actual degree in 12/03 but passed my thesis defense and completed all required credits by 07/01

Exp: 5 years

Labor filing date 07/03

Labor approved:03/04

ETA 750 line 14:
College: 5
College Degree Required: Master
Major Field of Study: Computer Science, Compuer Engineering, Industrial Engineering, Human Computer Interaction, or Human Centered Communication Design
Job Offered: 1 yr
Related Occupation: 1 yr, Sofwatre Enginner, Web developer, Usability Engineer, Programmer, Analyst, Ui Designer or Software Developer

ETA 750 line 15:

1 year exp with
- User Centered Design
- usability of software systems
- using Java, JSP and HTML

Thanks

DD

 

[yuren]

I think it is your attorney's fault.

LC stage really doesn't matter, this LC can be used by somebody else even you are rejected.

 

[bcis]

There are some possibilities always. So Please post all details like completion of BS, MS dates , start date of working, experience @labor filing date and exact wording in ETA 750 14 and 15 columns?

07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification but non of the advertisements (paper and online) said Masters Degree required. They say so and so experience required and Degree required (not specifying what type of degree). I have Engg degree from India in relevant field.

Applied with Nebraska Service Center.

03/04 LC Approved

04/05 RFE to prove I got my Masters before 07/03

06/05 I140/485 Rejected stating I did not have Master's degree before 07/03.


1. Would appealing make sense?
2. Can I change my Labor and reapply stating that It was a mistake on part of the Lawyer?
3. Just was wondering why they did not reject my Labor when they did not see my degree certificate in first round.
4. Can I have an evaluator say my 25 credits and passing defense was equivalent to Masters?

I only have my H1 until 01/07.

Please provide your suggestions !! My lawyer is saying I cannot apply in EB2 with the same employer again as I did not have Master's degree when I joined. If I want to apply with the same employer she is asking me to apply for a different position like say a Manager.

Thanks,

DD

PS: When filing I140 my lawyer forgot to send a copy of my Master's degree and this came back and haunted us in a form of RFE.

 

[keepingup]

There are some possibilities always. So Please post all details like completion of BS, MS dates , start date of working, experience @labor filing date and exact wording in ETA 750 14 and 15 columns?

BS: completed 05/98

MS: Got actual degree in 12/03 but passed my thesis defense and completed all required credits by 07/01

Exp at the time of filing: 3 years

Labor filing date 07/03

Labor approved:03/04

ETA 750 line 14:
College: 5
College Degree Required: Master
Major Field of Study: Computer Science, Compuer Engineering, Industrial Engineering, Human Computer Interaction, or Human Centered Communication Design
Job Offered: 1 yr
Related Occupation: 1 yr, Sofwatre Enginner, Web developer, Usability Engineer, Programmer, Analyst, Ui Designer or Software Developer

ETA 750 line 15:

1 year exp with
- User Centered Design
- usability of software systems
- using Java, JSP and HTML

Thanks

DD

 

[cfiler]

What is the day in which you were granted your degree according to your transcripts? If your transcript says 12/03, then that's what it is. If that information is incorrect, you will need to get your institution to correct it and issue you a new transcript and a letter explaining what happened. You should be able to appeal, or refile with that information.

Why would there be a 2 year difference between the time you were done and the time you were granted a degree?

 

[keepingup]

What is the day in which you were granted your degree according to your transcripts? If your transcript says 12/03, then that's what it is. If that information is incorrect, you will need to get your institution to correct it and issue you a new transcript and a letter explaining what happened. You should be able to appeal, or refile with that information.

Why would there be a 2 year difference between the time you were done and the time you were granted a degree?

My advisor went for sabatical for a while and I got busy with my career. I delayed sending the final copy of my thesis and that is the reason I got my degree in 12/03. This is the date on transcripts too.

 

[HopeofGC007]

Bad Luck Strikes!! I140/485 Rejected after Master's Education RFE? Any Suggestions?

"Not a lot but something very quick and easy for you. Please don't ask me any questions, as you are in a boat where I have some help - Please see at the bottom".

--------------------------------------------------------------------------------

07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification but non of the advertisements (paper and online) said Masters Degree required. They say so and so experience required and Degree required (not specifying what type of degree). I have Engg degree from India in relevant field.

Applied with Nebraska Service Center.

03/04 LC Approved

04/05 RFE to prove I got my Masters before 07/03

06/05 I140/485 Rejected stating I did not have Master's degree before 07/03.


1. Would appealing make sense?
2. Can I change my Labor and reapply stating that It was a mistake on part of the Lawyer?
3. Just was wondering why they did not reject my Labor when they did not see my degree certificate in first round.
4. Can I have an evaluator say my 25 credits and passing defense was equivalent to Masters?

I only have my H1 until 01/07.

Please provide your suggestions !! My lawyer is saying I cannot apply in EB2 with the same employer again as I did not have Master's degree when I joined. If I want to apply with the same employer she is asking me to apply for a different position like say a Manager.

Thanks,

DD

PS: When filing I140 my lawyer forgot to send a copy of my Master's degree and this came back and haunted us in a form of RFE.



Please do the below immediately.

Please do an evaluation proving the fact that your Master's is indeed completed as the intended date for you (Hope you have all the facts.

Immediately appeal your decision to prove the same, using the evaluation.

Using the evauation and appeal re-apply only for I-140 as a fresh case, remember u can use photo copy of the labor as original will be in the AAO (appeals office) and this will be accepted.

Immediately apply for 7th year H1b.

The least u can expect from the above is buy some time to stay in this country.

If you are not confident of the outcome for Appeal/(Re filing of I-140) also paralelly apply for a new labor.

For all this, not your nervousness but patience / Money and Time pays in the long run.

Have faith in GOD you will be all right and Good luck for u.

 

[keepingup]

Bad Luck Strikes!! I140/485 Rejected after Master's Education RFE? Any Suggestions?



--------------------------------------------------------------------------------

07/03 Applied for GC under EB2 Category stating I have Masters (got my actual Masters degree in 12/03 but had passed my defense and completed all credits in 07/01). ETA 750 line 14 says 'Masters' as education qualification but non of the advertisements (paper and online) said Masters Degree required. They say so and so experience required and Degree required (not specifying what type of degree). I have Engg degree from India in relevant field.

Applied with Nebraska Service Center.

03/04 LC Approved

04/05 RFE to prove I got my Masters before 07/03

06/05 I140/485 Rejected stating I did not have Master's degree before 07/03.


1. Would appealing make sense?
2. Can I change my Labor and reapply stating that It was a mistake on part of the Lawyer?
3. Just was wondering why they did not reject my Labor when they did not see my degree certificate in first round.
4. Can I have an evaluator say my 25 credits and passing defense was equivalent to Masters?

I only have my H1 until 01/07.

Please provide your suggestions !! My lawyer is saying I cannot apply in EB2 with the same employer again as I did not have Master's degree when I joined. If I want to apply with the same employer she is asking me to apply for a different position like say a Manager.

Thanks,

DD

PS: When filing I140 my lawyer forgot to send a copy of my Master's degree and this came back and haunted us in a form of RFE.



Please do the below immediately.

Please do an evaluation proving the fact that your Master's is indeed completed as the intended date for you (Hope you have all the facts.

Immediately appeal your decision to prove the same, using the evaluation.

Using the evauation and appeal re-apply only for I-140 as a fresh case, remember u can use photo copy of the labor as original will be in the AAO (appeals office) and this will be accepted.

Immediately apply for 7th year H1b.

The least u can expect from the above is buy some time to stay in this country.

If you are not confident of the outcome for Appeal/(Re filing of I-140) also paralelly apply for a new labor.

For all this, not your nervousness but patience / Money and Time pays in the long run.

Have faith in GOD you will be all right and Good luck for u.

Thanks my friend for your suggestion!! This option looks promising.

More on this question of yours: "Please do an evaluation proving the fact that your Master's is indeed completed as the intended date for you (Hope you have all the facts."

As said earlier I have a letter from my school stating that I completed the requirements for the Master's Degree by 07/01 but got my actual degree in 12/03 i.e. after I applied for my Labor in 07/03.

Do you mean I do evaluation with someone like Trustforte? Officially I completed my Masters in 12/03 as shown on the Degree.

 

[bcis]

You have to get evaluation BS+ 5 Year post Baclate Experiance as MS Equvalent for MTR. (if column 14 specified Masters or Equvalent then it will be usufull).

There is clear mistake in Filing it self. Any way go with Appeal/MTR

Finally PERM will be a good solution for you.

Don't worry! You have some more time in H1B.....All the best

BS: completed 05/98

MS: Got actual degree in 12/03 but passed my thesis defense and completed all required credits by 07/01





Exp: 5 years

Labor filing date 07/03

Labor approved:03/04

ETA 750 line 14:
College: 5
College Degree Required: Master
Major Field of Study: Computer Science, Compuer Engineering, Industrial Engineering, Human Computer Interaction, or Human Centered Communication Design
Job Offered: 1 yr
Related Occupation: 1 yr, Sofwatre Enginner, Web developer, Usability Engineer, Programmer, Analyst, Ui Designer or Software Developer

ETA 750 line 15:

1 year exp with
- User Centered Design
- usability of software systems
- using Java, JSP and HTML

Thanks

DD

 

[keepingup]

At the time of filing I only had 3 years of experiece. Now I have 5. What would they consider? My exp then or now?

Thanks

DD

You have to get evaluation BS+ 5 Year post Baclate Experiance as MS Equvalent for MTR. (if column 14 specified Masters or Equvalent then it will be usufull).

There is clear mistake in Filing it self. Any way go with Appeal/MTR

Finally PERM will be a good solution for you.

Don't worry! You have some more time in H1B.....All the best

 

[keepingup]

At the time of filing I only had 3 years of experiece. Now I have 5. What would they consider? My exp then or now?

Thanks

DD

Any more expert opinions please. I am running out of options I guess and don't know whether I can appeal or not.

Thanks

DD

 

[waitingnwaiting]

Have you asked some of the expert posters on the forum like unitednation,jharkandi and others.
Try posting the same with his name in the subject line.
that might catch his attention.

Also I am just wondering about the pathetic immigration policy of USA, when
somebody like you with a masters degree has to fight so hard to come to this country,when you will make a much better citizen than many other citizens.

 

[keepingup]

Thanks a bunch UN !!

Thanks UN. U are the man !! I really appreciate your feedback.

Regards,

DD

You are actually not in as bad a position as you think:

First; what is important is when you met the requirements of a u.s. masters degree. When you were conferred the degree doesn't matter.

What is important is based on your course work and completion of individual courses, when did you meet the requirements of having an equivalent u.s. masters degree.

The timing of when you were conferred your foreign degree doesn't matter.

As an example, if one finishes all the course requirements in a foreign degree in June but the actual graduation and date on the diploma is November, what is important for equivalency purposes is when did you meet the equivalency of a u.s. masters degree. That is when you completed the coursework. When you received your foreign degree does not matter. This must be stressed in your appeal or re-filing.

The argument would go that when you were conferred a foregin degree doesn't matter. What matters is when did you meet the requirements of a u.s. masters degree. If a u.s. masters degree requires 30 credit hours then when did you finish the 30 credit hours of your foreign degree.

Essentially, something similar happened to me. In canada if you want to get into a masters program, you need a four year degree from Canada. However, during my time a four year degree was 17 years of education (we needed to go to high school for 13 years). However, I only went to university for three years. I wouldn't have been able to get into a masters program in Canada but I would have been able to get into USA because i had 16 years of education.

I believe in the denial, USCIS stated how could I have a u.s. bachelors degree when I don't have what is considered a bachelors degree in Canada.

Essentially, my lawyer stated that what Canada considers as my education is irrelevant and immaterial. What matters is what is my degree equivalency for u.s. purposes. For u.s. purposes it is considered equivalent to a u.s. bachelors.

Therefore, the argument for you is when did you meet the requirements based on your coursework that you would have completed the requirements of a u.s. masters degree. When you actually were conferred the foreign degree does not matter.

With regards to filing perm with masters degree. There is only two I.T. positions that qualify for EB2 - computer and information systems manager and engineering manager. DOL has decided that neither of these two positions require a masters degree. Therefore, if you filed a perm labor requiring a masters degree, you will have an uphill battle in getting it approved and would have to prove business necessity.

With regards to getting your masters degree while working with the employer who is sponsoring you for the labor. USCIS and DOL have different standards. USCIS only cares that you were qualified for the position before priority date. However, DOL cares that you were qualified before the priority date and that you didn't use any education or work experience gained while with the employer filing for the labor.

There is an exception from DOL of when you can use the experience and that is if you could prove that the job you were doing was 50% dissimilar then the job that you are getting the labor for. Now, this doesn't necessarily help you because if you were doing a dissimilar job then technically you can't use the years gained with the employer for the labor because you are saying that you don't have the experience because you were doing a different job.