Impossible Case? Please help!!!

V

Vali Balescu

Registered Users (C)
Hi,

a friend of mine is in this situation:
He started a GC case with filling a LC for a computer programmer job.
He has Bachelor degree in a non-related Computer Science field (Transportation).

The LC was approved based on the fact that the requirement for BS in CS was resolved by an evaluation stating that his degree in Transportation and previous working experience is equivalent to a BS in CS.

Step2: He filed I-140 with INS - category EB3.
He got a RFE because the BS in CS requirement was not satisfied. He initially submitted the evaluation used for LC, but INS SAID THAT HE CANNOT USE PREVIOUS WORKING EXPERIENCE for EB3 and asking him to submit evidence for BS in CS.
He did a re-evaluation based on his degree in Transportation and some CS classes he took back in his own country. This new evaluation stated that he has an equivalent of a BS in CS.

INS has changed the AVM message to: "A written decision....." which is an indication of rejecting the case.

QUESTION: WHAT TO DO NOW? To appeal is a possibility, but he has no additional evidence to submit.
Redo LC? but for this job he needs a BS in CS!!!

What is the solution here?

Please help!

Thanks
 
I hate to say it but there\'s no alternative but to refile the LC

INS uses different standards for H-1 and I-140 approvals. I\'m sorry to say it but INS properly denied the case. Unless it is somehow possible to get a bachelors based on pure education, any appeal would take a year or so and then it would be denied (I saw this happen on a case I inherited from another attorney). If an employer is going to use experience in lieu of education it must specifically be stated in the LC. The language "Bachelors or equivalent" is NOT sufficient.

No point in wasting the time on appeal, either find another unused LC or file another LC with the proper requirements.

This happens fairly frequently. It was an attorney error.

Jim

Jim Mills
(Formerly Jim M)
Attorney at Law
732-644-5702
 
Jim.. a little help plz..

My LC was filed with ETA 750 stating Bachelors degree in CS, Engineering or Math and the Exp saying 2 yrs.. I have a BE in Electronics (4 yrs) and 3 yrs subsequent experience prior to joining this company.. Will I have any problem in my 140 ?
 
LC says only BS in CS

It doesn\'t say BS or equivalent.
My friend says that his lawyer tried to put "or equivalent", but DOL didn\'t accept it!
 
It\'s tricky and it\'s often done wrong

It\'s very easy to get this wrong if the attorney is not paying attention. Some evaluators don\'t word their evaluations very well. I\'ve seen DOL argue about the "or equivalent langage" but I still normally include it. Even when they accept it "or equivalent" means foreign equivalent, not equivalent education and experience. If the employer will accept, say 3 years of college level education and 3 years of experience in lieu of a bachelors it must be specifically stated in the LC.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
 
igteslave

Unless you can convince INS/DOL that electronics=electronics engineering=engineering you may have a problem. It really depends on the actual language of the LC and your degree. Using experience for equivalence isn\'t going to work unless I seriously misunderstand the situation or you are extremely lucky.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
 
No Title

Thanks for your input.. My LC got approved a couple of months back and am waiting for my 140.. I have a Bachelors of Engineering 4 year degree in Electronics and Telecom Engineering from an accredeted uni in India (hopefully satisfying the BS in CS/Engineering/Math requirement)and worked in reputed companies developing s/w in India and US for 3 yrs prior to joining this company (hopfully satisfyint the \'and 2 yrs of related experience\')

Do you see any problem with my 140 application ?
 
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