PERM in EB2 with 3 year BSc Degree

Hello UnitedNations

I have 2 bachelors degree. Both the Bachelor degrees are 3 years course.
B.Science( Physics major) and B.Technolgoy(Electronics major). B.Technology electronics requires B.Sc (Physics/Chemistry/Math) as minimum requirement for joining this course. And also, I have progressive 8 years of experience in networking industry. The job requires B.S + 5years of exp or M.S + 3 years of experience and the job title is "Principal Software Engineer". Am i eligible to apply for EB2 category? Thanks a lot for your response.
AKM.
 
Please clarify

unitednations said:
I agree. There is one exception to qualifying for eb2 if you have a three year bachelors degree. If the labor required bachelors plus five years of experience but your actual bachelors was only three years but you have a masters degree that is equivlant to u.s. masters then it is assumed that you have a u.s. bachelors degree.

If you have a higher degree then what is required for the labor then you are fine.

Big problem everyone runs into is if they don't have the higher degree but they are using combination of diplomas/work experience to get to u.s. bachelors degree in eb2. This WILL GET DENIED IN THIS SCENARIO.

Bottom line: labor requires bachelors plus five or masters and you have masters u.s. equivlanet then you qualify even if your bachelor was three years.

If you have three year bachelors plus other certificates or work experience to get to u.s. bachelors equivlaency and labor allows for combination, you do not qualify for eb2 but would qualify for eb3.

If labor doesn't allow for combination of education/work experience to get to u.s. bachelors and you use 3 year bachelors plus work experience or other training certificates, your case will get denied. No doubt about that.

This has been USCIS position since the early 90's. However, the service centers didn't really get strict with this until the last couple of years and started applying this tough standard across the board.

If you search through the forums enough, you will see some people who USCIS revoked the I-140 after approval because they apply the tougher standard to them now.
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Unitednations, Thanks for the great help you provide for this community. I heard you name a lot in the "Ability to Pay" forums also. You mentioned in here that, as long as if one has more qualification than that is required for EB2 it is fine. Having said that, let me tell you my situation.

I have B.Sc., Computer science 3 years degree from india. I also did M.B.A in Systems from India. I have 8 years of US experience and 12 years of post M.B.A work experience.

Now, my LC was files under EB2 in Aug-02 and approved in Jun-05, concurrent filing of I140 and I485 was filed on the Jul-05. Now you know what i am getting into. Yeah, the EB2 and 3 years Bachelor's degree issue.!!!!

My educational evaluation says, my B.Sc., and M.B.A in India is equivalant to US bachelorate in management plus one year post graduate diploma in Management. Whats your buy on my case? Do you think my I140 will get approved?

Thanks,
:confused:
 
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clarification

Guys i need some clarification...my lawyer says that you can apply for PERM while having RIR in pending status. The only fact is that once PERM is approved, the RIR will get rejected.

Please clarify this as I heard from some that you can not even file for PERM prior to having withdrawn your RIR....

any comments greatly appreciated.......thanks
 
unitednations said:
sbs, what is the labor requirement, box 14 and 15?

also, how long ago did you apply for the 140? You are saying labor was approved in september 2005.

btw, although I'm known for the ability to pay issue; my introduction into the crazy world of greencards was this education issue.

my 140 was originally denied because of the labor mis match. Eventually, it got approved (canada 3 year degree=u.s. 4 year degree).

Difference between ability to pay and education, is that in ability to pay, numbers can change, however, education, you can't go back in time and change.
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Unitednations,

I just emailed you with the little history about my case and please have a look and reply me with your opinion.

Thanks,
 
Venky,

I sent you a PM, can you please reply to it?

Thanks
Sai

venky23 said:
Hi GreatGuru,
Could you please advise me..I have 3 years of bachelors degree in computer science b.sc. computer science and 2 years of masters degree in computer science m.sc. computer science from india. I have educational evaluation which says my degrees are equivalent to masters degree in computer science in USA. I have seven years of experience in which 5 years after my masters degree. My question is can I apply through EB2, if the primary job requirement says mimimum education masters or equivalent & experience required 3 years.

Could you please let me know whether i can apply in EB2 category. Thank you so much.
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Another Eb2 question

UnitedNations & GreatGuru

I have been a silent observer of the forums here and i think U guys r doing a terrific job of answering questions and clearing lot of mental hurdles people face in terms of their GC processing. Wonderful service to the community and keep up the good work.

I am on H1 and my 5th yr H1 expires Aug 31,05. My LC was filed on EB3 at NSC with PD of Mar, 04 with my current employer. I dont see any progress in my LC, so i went shopping for companies that are willing to do PERM EB2 for me. I found one who is willing to do and my question is whether i will qualify for it and whether i will have any trouble in my 140 stage.

I have a 4 yr Bachelors in Engg in Electrical & Electronics + a 1 1/2 yrs Post Grad Dip in Mgmt + 7 yrs of experience (5 yrs in US). Job Reqt says
"As an equivalency to the Master Degree requirement we accept applicants with a Bachelor Degree in Computer Science, Engineering or related five and five years progressive experience". Do i qualify for EB2 with the above ad. I will make more than the prevailing wages the Ad mentions and my future company has close to 100 consultants, so ability to pay shldnt be an issue.

What happens if my 140 is denied in the future company for some reason? Can i re-apply as EB3 in 140 and get my H1 approved beyond 6 yrs and continue with the same company?

Should something wrong happens in this future company, can i go back to my current employer and use the pending LC to proceed on my GC or should i have to apply for a new LC with my current employer?

Thanks for taking time to read this. Please let me know if any of u know the answers to my questions.
 
anandrajesh said:
UnitedNations & GreatGuru

I have been a silent observer of the forums here and i think U guys r doing a terrific job of answering questions and clearing lot of mental hurdles people face in terms of their GC processing. Wonderful service to the community and keep up the good work.

I am on H1 and my 5th yr H1 expires Aug 31,05. My LC was filed on EB3 at NSC with PD of Mar, 04 with my current employer. I dont see any progress in my LC, so i went shopping for companies that are willing to do PERM EB2 for me. I found one who is willing to do and my question is whether i will qualify for it and whether i will have any trouble in my 140 stage.

I have a 4 yr Bachelors in Engg in Electrical & Electronics + a 1 1/2 yrs Post Grad Dip in Mgmt + 7 yrs of experience (5 yrs in US). Job Reqt says
"As an equivalency to the Master Degree requirement we accept applicants with a Bachelor Degree in Computer Science, Engineering or related five and five years progressive experience". Do i qualify for EB2 with the above ad. I will make more than the prevailing wages the Ad mentions and my future company has close to 100 consultants, so ability to pay shldnt be an issue.
I think you can qulaify for EB2 in the new company.

What happens if my 140 is denied in the future company for some reason? Can i re-apply as EB3 in 140 and get my H1 approved beyond 6 yrs and continue with the same company?

If your current employer willing to keep your LC (not withdrawing it), you are safe. You can extend your H1 beyond 6th year with your new company using your current company LC pending.

Best thing to do is , keep extending your H1 using pending LC (EB3), go for PERM EB2 with new company. If anything goes wrong you can come back to old company make use of old LC (EB3). If anything goes wrong with this EB3 LC in the I 140 stage, no one can save you/. So do not think to much, do it PERM now before the rules change.
Should something wrong happens in this future company, can i go back to my current employer and use the pending LC to proceed on my GC or should i have to apply for a new LC with my current employer?

Thanks for taking time to read this. Please let me know if any of u know the answers to my questions.
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aila.org downloads request

Jim_Mills, great_guru and Attorneys,

Can you please help me?

I am interested in following articles from www.aila.org related to I-140 issues

CSC Liaison Minutes for 3/26/03
CSC Minutes for 8/7/02
CSC Minutes for 5/21/02

To download please use following link

http://www.aila.org/search/default.aspx?searchterm=CSC+liaison+minutes+2003


I am not able to download above PDF's because it needs InfoNet user name and password. Can you please download and send it to me at dsugandhi@hotmail.com?

Thanks for your help,
 
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PERM EB2 approved (3 yr Degree)

Hi All,

I got my EB2 approved under PERM. I hold a 3 yrs Bachelors Degree in Computer Sciences and 1 yr of Master's diploma in Software engineering. Hoping to fill my I-140 & 485 before end of this month.

I would like to get some valuable advises from you all, will I have problems in I-140 & 485 processes. Please let me know. I also have my education evaluation which states my education is equivalent to US Bachelors degree in computer science.

Thanks All.
 
unitednations said:
you will have a problem at the 140 stage. If your education evaluation stated you had equivalent to masters then you would have been fine. However, if your evaluation stated that you used combination of degrees to get to u.s. bachelors equivalent then you will have big problems in getting 140 approved.
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Thanks Unitednations. I see your point. However are there any possibilities to overcome the problem of getting my I140 approved. Apart from my education I also have 8 yrs of total experience. If not much on education can we demonstrate more on the related experience and my suitability for the job order the EB2 has been approved. I would just like to know if there are other options.

My education evaluation has been done suiting US Bachelors in computer science with combination of degrees, but this was done for getting my H-1B. Iam not sure what my lawyer will advise for the new education evaluation.

Thanks.
 
Perm Eb2 Or Eb3

Let me summarize my credentials:

1. H1-B status since Feb 2003

2. 3 Bachelors in Life Sciences from India

3. 2 years "Advance Diploma in Software Engineering"
from India

4. 5 years of progressive experience.

5. Education evaluation done in US: Bachelor of
Science in Computer Science from US accredited
University or college.

6. Labor field in March 2005 EB2-RIR (NON-PERM)with
form 750 section reading job requirement as "Masters
degree plus 2 years experience or Bachelors plus five
years progessive experience".

I came across your posts today and realised potential
issues with I-140 and 485 approvals in my case. Please
advice if the following steps seem appropriate at this
stage:

1. Withdraw current Labor application followed by
modifying the job requiremnet to mention "combination
of bachelors degree/experience" to be filed under PERM
EB2.

2. File a concurrent EB3 PERM application with job
requirements mentioned in option(1) without
withdrawing the pre-PERM EB2-RIR application.

I would appreciate a response from your side and look
forward to your advice and suggestions.
 
great guru tell me my chances of I140 approval

I am using lab sub from my employer. I am working for him from past one year.
It is with drawn labour. which was filed for some else.

Orginal stated in LC (EB3)
BS+1 year+computer science/applications of informations science or related field.
Mine
BS (4 year-Mechanica)+NIIT 2 year+ 5 years+edu evaluation is equavalent of US BS computer science.

Please let me know my I140 approval chances.
 
Anyone filed PERM in Sept 2005

Guys,

DID any one filed PERM in the first week of sept under EB3 and whats the status.



Thanks
Sam
 
EB2 with 3 year degree

I have filed under EB2 (3 years Bachelors + Advance Diploma + 5 years progressive experience) in March 2005 (pre-PREM)

I was considering filing under PERM-EB3 after reading the posts. My attorney provided the following information:

"CIS's policy is that a bachelor's degree can be demonstrated by a
combination of degrees/education".

Please provide your suggestions and comments
 
desi_kallu

hi desi_kallu
can u tell me what happened to ur labor appln with EB2 for sr. dba ?? I am applying for PERM EB2 with sr. dba.; just a lot of butterflies in my stomach... :confused:
 
GC in EB2 with 3 year degree

unitednations said:
not for eb2.

for eb3, uscis will accept as long as labor allows for combination of education/work experience.
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United Nations,

Is it possible to classify an EB2 education requirements labor as EB3 and file I-140 ? If the anwser is YES then what are the chances for approval ?

Thanks in Advance
 
unitednations said:
if labor meets the requirement for eb2; ie., bachelors (four year single degree) + 5 years experience or masters degree then you can file in eb2 or eb3.

However, in both situations you have to meet the terms of the labor. The difference in eb2 or eb3 for the above labor requirements is that in eb2 the five years of experience has to come after you graduated from your bachelors. However, in eb3 you can use the experience before or during your bachelors degree to get the 5 years.

Under no circumstances can you get an eb2 140 approved if you do not have a full single four year bachelor degree or a masters degree.
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Hello Unitednations,

Thanks for your prompt reply and clarifications.

I had read one of your earlier posts about an Evaluation company which evaluates 3 year degrees to 4 year US equivalent based on contact hours/UNESCO treaties.

I did not find any posts which mentioned using the services of this evaluation company and successful I-140 EB2/EB3 approval based on providing 3 year degree evaluation fulfing the US/foreign equivalent of Bachelors.
 
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