Labor Substitution question, (UnitedNation, ETA and others).

Education evaluation

Hi,

Thanks for response.

I have submitted 'Trust Fortee' evaluation. I got this evaluation for my H1b.
My questioon is, Is it possible to file EB3 on my approved LCA, because my LCA talking about M.S and 2 years of experience?

And I am already filed my I140 & 485 concurently in Jul 04.

Thanks,




dazzling said:
What kind of education evalaution was submitted with your application?

If you are afraid that you may get a denial, file another 140 in EB3. Do not file concurrent. That is the best advice I can give you, but then I am not a lawyer. Talk to your lawyer and find out what he thinks.
 
Worry about my 3 years B.sc degree

Hi UN sir,

My worry is about 3 Years B.SC degree and also recently NSC denying so many cases because it does not recognize foreign 3 years degree as equalent to US B.S degree.

Regards,

unitednations said:
dazzling is giving you good advice.

I don't think you have anything to worry about, as you are qualified for eb2 since you have a masters degree equivalent.
 
GCNSC2004 said:
Hi,

Thanks for response.

I have submitted 'Trust Fortee' evaluation. I got this evaluation for my H1b.
My questioon is, Is it possible to file EB3 on my approved LCA, because my LCA talking about M.S and 2 years of experience?

And I am already filed my I140 & 485 concurently in Jul 04.

Thanks,
What did trustforte write in your evaluation for your 3-Yr bachelors degree.
 
unitednations said:
I can't pin point to any specific post but another poster was told by his lawyer that if a foreign masters degree alone is considered equivalent to u.s. masters then that is all one needs if labor cert. requires masters degree equivalent. The three year bachelors wouldn't be an issue in this case.
what UN is saying makes sense to me too. The only thing is how many years are listed in Section 14: Education - College section? Is it 6 or 4??
 
I will post my Education evaluation details tomorrow.

Dear Dazzling and UN,

Tomorrow I will post my Trust Fortee given education evaluation (B.Sc) details.
I will post about no of year details of ETA 750A form, section 14, Once I get info from my lawyer.

Really I appreciate for your responses. I got some relaxation from your words.

Regards



dazzling said:
what UN is saying makes sense to me too. The only thing is how many years are listed in Section 14: Education - College section? Is it 6 or 4??
 
GCNSC04 Education Evaluation (UN & Dazzling, please review)

Heading like: Education Equivalent in the United States: Master of Science Degree in Computer Science.

Enrollment in XXX University is based on graduation from high school and competitive entrance examinations; the university is an accredited institution in India. Mr. Last Name entered the university in 198x and completed three years of academic course work in 199x. He was awarded a Diploma following the completion of the required academic coursework and passage of the required examinations, based on decision of the Faculty of the University. The diploma is evidence that he completed his course of studies in the Bachelor of Science program at the University.

Mr. Last Name completed both the general studies and specialized studies, which lead to a baccalaureate degree from the University. The general studies included entry-level courses in English, the social sciences, mathematics, and the sciences, which are a requisite component of a bachelor’s degree from an institution of higher education in the Unites States. Based on the subject matter and credit hours of these courses, most such courses would qualify as equivalent to courses in US institutions. Additionally, Mr. Last Name completed specialized courses in his area of concentration Computer Science, Mathematics and Physics as well as in related fields. The nature of the courses and the credit hours involved indicate that he satisfied substantially similar requirements to the completion of three years of academic studies toward the attainment of a Bachelor of Science Degree in Computer Science from an accredited US Institution of higher education.

Thereafter, Mr. Last Name entered the Master of Science program of XXXX University. Admission to the Master Of Science Program is based on graduation from university-level studies and competitive entrance examinations. Mr. Last Name entered the Master of Science Program and completed the academic coursework and practical studies. In 199x, he completed the required academic coursework and examinations and received a diploma for a Master of Science Degree, having fulfilled the required coursework and practical study, and having passed the required examinations for candidates for the degree of Master of Science. Mr. Last Name completed the specialized studies leading to a Master of Science Degree, including master’s level coursework in Computer Science, software Engineering, Computer Programming and related courses. The nature of the courses and the credit hours involved, considered requirements to the attainment of a Master of Science Degree in Computer Science from an accredited Institution of higher education in the Unites States.

Based on the reputations of XXX University and XXXXX University, the number of years of coursework, the nature of the course work, the grades attained in the courses, and the hours of academic coursework, it is the judgment of the Trustforte corp. that Mr. First Name and Last Name attained the equivalent of a Master of Science Degree in Computer Science from an accredited Institution of higher education in the Unites States.


Note: UN and Dazzling Please reply your opinion.
 
Labor substitute and education qualification

Guys,

I have been following this thread recently and you have put me in question.

I am about to substitute a labor which has requirement stating Master in Comp or equi + 1 year exp.

My edu. qualification is Bachelor (4 yr degree) in Comp + 5 yr 4 month experience till Priority date.

Under column 15, its mentioned in LC that Bachelor's degree in comp or related field plus five years of progressive work experience is considered the equivalent of a Master's degree and one year of relavant work experience by our company.

Does that mean that I don't have to worry ? or should I need to show up 8 month of additional experience during my Bachelor education ?

All guru's help needed.

Thanks,
 
gclcgc said:
Guys,

I have been following this thread recently and you have put me in question.

I am about to substitute a labor which has requirement stating Master in Comp or equi + 1 year exp.

My edu. qualification is Bachelor (4 yr degree) in Comp + 5 yr 4 month experience till Priority date.

Under column 15, its mentioned in LC that Bachelor's degree in comp or related field plus five years of progressive work experience is considered the equivalent of a Master's degree and one year of relavant work experience by our company.

Does that mean that I don't have to worry ? or should I need to show up 8 month of additional experience during my Bachelor education ?

All guru's help needed.

Thanks,
As per your labor you should need Bachelors + 6 years of experience or Master + 1 years experience ...
 
Doesn't the calculation shd be like this ?

BE + 5 = Master + 1

As that is the way I have interpreted from the line 15 of ETA 750.

Comments ?
 
gclcgc said:
Doesn't the calculation shd be like this ?

BE + 5 = Master + 1

As that is the way I have interpreted from the line 15 of ETA 750.

Comments ?
OK, lets do this thing - get me from your labor what is written in the following columns:
1. Section 14: Education: Grade School:
2. Section 14: Education: High school
3. Section 14: Education: College
4. Section 14: Education: College Degree Required (specify)
5. Section 14: Education: Major Field of Study
6. Section 14: Training: No Yrs.
7. Section 14: Training: No Mos.
8. Section 14: Training: Type of Training
9. Section 14: Experience: Job Offered: Yrs. Mos.
10. Section 14: Experience: Related Occupation: Yrs. Mos.
11. Section 14: Experience: Related Occupation (specify)
12. Section 15: Other Special Requirements
 
Last edited by a moderator:
Ok Dazzling, here is the details:

1. Section 14: Education: Grade School: BLANK
2. Section 14: Education: High school --- BLANK
3. Section 14: Education: College --- BLANK
4. Section 14: Education: College Degree Required (specify) --- Masters or equivalent*
5. Section 14: Education: Major Field of Study --- Comp sci., sci. , Engg or related
6. Section 14: Training: No Yrs. --- BLANK
7. Section 14: Training: No Mos. --- BLANK
8. Section 14: Training: Type of Training --- BLANK
9. Section 14: Experience: Job Offered: Yrs. Mos. --- 1 year
10. Section 14: Experience: Related Occupation: Yrs. Mos. --- 1 year
11. Section 14: Experience: Related Occupation (specify) --- Computer Professional
12. Section 15: Other Special Requirements ---

None
* A Bachelor's degree or equivalent in Computer Science, Science, Engineering or related field and five years of progressive experience is considered the equivalent of a Master's degree and one year of relevant work experience by our company.


So, from above note of " * ", does not mean that,

BE + 5 = MS + 1
??

Thanks,
 
gclcgc said:
Ok Dazzling, here is the details:

1. Section 14: Education: Grade School: BLANK
2. Section 14: Education: High school --- BLANK
3. Section 14: Education: College --- BLANK
4. Section 14: Education: College Degree Required (specify) --- Masters or equivalent*
5. Section 14: Education: Major Field of Study --- Comp sci., sci. , Engg or related
6. Section 14: Training: No Yrs. --- BLANK
7. Section 14: Training: No Mos. --- BLANK
8. Section 14: Training: Type of Training --- BLANK
9. Section 14: Experience: Job Offered: Yrs. Mos. --- 1 year
10. Section 14: Experience: Related Occupation: Yrs. Mos. --- 1 year
11. Section 14: Experience: Related Occupation (specify) --- Computer Professional
12. Section 15: Other Special Requirements ---

None
* A Bachelor's degree or equivalent in Computer Science, Science, Engineering or related field and five years of progressive experience is considered the equivalent of a Master's degree and one year of relevant work experience by our company.


So, from above note of " * ", does not mean that,

BE + 5 = MS + 1
??

Thanks,
As per your labor, what you are saying is right. So you should be good ... if you would have had years in education, you would have had an issue but your lawyer looks to be pretty smart ...
 
Dear gclcgc:

One question to you .... I am also in the same situation as you are - trying for a sub labor. My employer is using one but I have a few doubts.

Q. In the bottom of your document - in the "Endorsements" Section - what are the dates given. My document has LO, RO, NO all blanks .. except SO - it is stamped with "Nov 14 2001". What are these dates and how should I interpret them regarding Priority Dates of my case.

Q. Is there any way I can confirm if my employer is using the same LC that he is showing me ?
 
msd_gc said:
Dear gclcgc:

One question to you .... I am also in the same situation as you are - trying for a sub labor. My employer is using one but I have a few doubts.

Q. In the bottom of your document - in the "Endorsements" Section - what are the dates given. My document has LO, RO, NO all blanks .. except SO - it is stamped with "Nov 14 2001". What are these dates and how should I interpret them regarding Priority Dates of my case.
SO date is the Priority Date
Q. Is there any way I can confirm if my employer is using the same LC that he is showing me ?
Once your 140 is filed you can make a FOIA request to USCIS. They will send you a copy of all the filed documents. There are several threads on this forum that can provide you with this information. Please search for FOIA.
 
Con_File_Feb said:

Hi Dazzling UN,
If you are searching for cases in above link and if you find something related to what you said, can you please send me the link.

The one you said that Master +2= Bachelore +5+2.

I want to show something to prove my lawyer. Please let me know if you find anything like that.
I am also searching.

I need a appeal letter, so that i can request to make a new 140 in EB3 category.

Thank You all.
 
unitednations said:
dazzling, check this administrative decision. may be relevant to your case.

http://uscis.gov/graphics/lawsregs/admindec3/b5/2004/may2504_04b5203.pdf
Thanks UN. I have already submitted my MTR / Appeal. I dont think I can provide any additional documentation in this matter. If I end up filing a new petition, then I can think about what other documentation needs to be provided. Like in this case a letter from the professor was mentioned and I think that played a significant part in the proceedings. In my case I could not procure any such letter in the short time I had as this would have had to come from India.

Also in this case the specialization mentioned by the petitionar initially seems to be Masters In Management. In my case we have shown equivalency to Masters of Science in Management Information Systems for the first time during appeal. But I think that the Service Center may not agree even with the evidence provided and are likely to sent it to appeals unit. I will wait and see what happens and in the mean time I am preparing to file another labor with labor requirements to be MBA (and not MS)
 
Con_File_Feb said:
Hi Dazzling UN,
If you are searching for cases in above link and if you find something related to what you said, can you please send me the link.

The one you said that Master +2= Bachelore +5+2.

I want to show something to prove my lawyer. Please let me know if you find anything like that.
I am also searching.

I need a appeal letter, so that i can request to make a new 140 in EB3 category.

Thank You all.
I dont think making a request in EB3 will help you. See what you need to understand here is that you qualify for EB2. The minimum requirement for EB2 is Bachelors Degree + 5 years or Masters Degree. Where you are missing is that you do not fit the labor itself. Since you do not fit the labor whatever category you go to, EB2 or EB3 you will have a problem ... But then this is my opinion. So talk to a competent attorney.
 
I -I40 Denied (Education Issues)

Hi Friends,
My I -140 Denied on 12/06/2004. It is filed as EB3 on 05/26/2004.My Attorney says the reason is education issues. I have 3 years degree BSc . (BZC) , 2 Years PG (Hons) Diploma in Systems Management from NIIT and over 8 years experience at the time of LC Approval.

The details of approved labour

1. Section 14: Education: Grade School: BLANK
2. Section 14: Education: High school --- BLANK
3. Section 14: Education: College --- BLANK
4. Section 14: Education: College Degree Required (specify) --- B.S
5. Section 14: Education: Major Field of Study --- Comp Sc./ Elec or related
6. Section 14: Training: No Yrs. --- BLANK
7. Section 14: Training: No Mos. --- BLANK
8. Section 14: Training: Type of Training --- BLANK
9. Section 14: Experience: Job Offered: Yrs. Mos. --- 2 year
10. Section 14: Experience: Related Occupation: Yrs. Mos. --- 2 year
11. Section 14: Experience: Related Occupation (specify) --- Programmer Analyst
12. Section 15: Other Special Requirements --- NONE


The qualification of the person in the original LC Is 4 YEARS B.S Degree in Electronis and communication .

Based on the above info can I go for MTR?

any suggestions

All guru's help needed.

Thanks,
 
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