Need help. Interesting I-140+LC Educational Qual. Questions
The situation described below pertains to me but with explanations coming in, hopefully it will help others too.
Here's the situation:
Have been working in USA for the past few years on an H1B visa. My LC (RIR) has just been applied for under the EB3 category. The ads posted by my company for this purpose states that candidates require a bachelor's degree or equivalent, with a specialty in Advertising. One year's experience is also necessary.
My educational/other qualifications are as follows:
1. B.Com from India (3 year undergrad degree)
2. 1 year graduate diploma in Advertising Management from India.
3. 8 years of experience in all, working for ad agencies in a specialist position. OR 6 years of experience before joining my present employer (been here for 2 years).
Here's where the confusion is:
1. I have been told that DOL will still consider a 3 year degree from India plus at least 3 years experience to be equivalent to a US bachelor's degree for the purpose of the LC (just like they do when we apply for an H1B).
2. However, assuming this is true and labor is cleared, I've also been told that at the I-140 stage BCIS will not/does not follow the same policy. In other words, while DOL will accept education+experience, BCIS will only consider 16 years of formal education to be equivalent and that too in a relevent field of study. I'm a B.Com graduate but I work in advertising (see where this is heading?).
3. I do not know if the graduate diploma will help any, but I'm assuming not since it isn't from a government institution, though I have included all my transcripts and such with the application. Any knowledge about this?
So, here's what I'm doing: I've already started school again and not only am I working towards another year of education (ie. another undergrad degree after transfering credits), but that too in the field of 'Advertising.' Hopefully, within a year or so, I'll be able to pull it off.
Finally, here are the questions:
A. Do DOL's and BCIS's policies on educational evaluation differ as mentioned above?
B. Assuming DOL clears my labor based on education+ experience or even just education (B.Com+ 1 year graduate diploma), and if by that time I finish the necessary credits required to get a second bachelor's degree (in 'Advertising'), will I be able to include that with my I-140 application? Or will BCIS say that I did not have a US bachelor's degree or equivalent when I started the job?
C. Am I so confused by what everyone's told me about this, that everything I said above is completely wrong?
Your thoughts, comments, answers and suggestions are very welcome.
Smokey
The situation described below pertains to me but with explanations coming in, hopefully it will help others too.
Here's the situation:
Have been working in USA for the past few years on an H1B visa. My LC (RIR) has just been applied for under the EB3 category. The ads posted by my company for this purpose states that candidates require a bachelor's degree or equivalent, with a specialty in Advertising. One year's experience is also necessary.
My educational/other qualifications are as follows:
1. B.Com from India (3 year undergrad degree)
2. 1 year graduate diploma in Advertising Management from India.
3. 8 years of experience in all, working for ad agencies in a specialist position. OR 6 years of experience before joining my present employer (been here for 2 years).
Here's where the confusion is:
1. I have been told that DOL will still consider a 3 year degree from India plus at least 3 years experience to be equivalent to a US bachelor's degree for the purpose of the LC (just like they do when we apply for an H1B).
2. However, assuming this is true and labor is cleared, I've also been told that at the I-140 stage BCIS will not/does not follow the same policy. In other words, while DOL will accept education+experience, BCIS will only consider 16 years of formal education to be equivalent and that too in a relevent field of study. I'm a B.Com graduate but I work in advertising (see where this is heading?).
3. I do not know if the graduate diploma will help any, but I'm assuming not since it isn't from a government institution, though I have included all my transcripts and such with the application. Any knowledge about this?
So, here's what I'm doing: I've already started school again and not only am I working towards another year of education (ie. another undergrad degree after transfering credits), but that too in the field of 'Advertising.' Hopefully, within a year or so, I'll be able to pull it off.
Finally, here are the questions:
A. Do DOL's and BCIS's policies on educational evaluation differ as mentioned above?
B. Assuming DOL clears my labor based on education+ experience or even just education (B.Com+ 1 year graduate diploma), and if by that time I finish the necessary credits required to get a second bachelor's degree (in 'Advertising'), will I be able to include that with my I-140 application? Or will BCIS say that I did not have a US bachelor's degree or equivalent when I started the job?
C. Am I so confused by what everyone's told me about this, that everything I said above is completely wrong?
Your thoughts, comments, answers and suggestions are very welcome.
Smokey
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