PERM in EB2 with 3 year BSc Degree

unitednations said:
this has been an issue for a long time. Contrary to what lawyers say, I traced USCIS position using combination of degrees back to 1993. Although, you may be new to the boards; this has been discussed many times going back to 2003. This is very established what uscis position is.

EB2=4 year single bachelors degree or masters
eb3=if labor requires bachelors, but you are using a combination then bachelor must define that combination of degrees/experience is allowed.

I hate to give you bad news; other then getting fluky, you don't have any chance of getting approved. Even if you get fluky, USCIS re-looks at 140 approval when approving 485. A different adjudicator could re-open and deny the case even after approval. There are a few people on the boards who have been victim to this, ie., 140 approved using combination of degrees but then getting reopened by uscis and denied.
Click to expand...




Unitednations - I appreciate the way you have been responding immigration issues, however I have observed conflicting responses from you on some issues, one of them being my case. I have been asking is there any option to overcome 3 yrs degree cases being denaid at I-140 phase, but u came with the above response. However your response to a similar case which got approved by having education evaluation done (Sheila Danzig) was totally diff... which is as below.....

Originally Posted by Karthick_Kris
Just want to share with you my situation(Today is my happiest day).
My I-140/485 was filed concurrently. My 6 year H1 expired when both were pending. I was on EAD/Parole(so did not bother to apply for 7 th year extn). In the meantime my I-140 got rejected due to 3-Year degree. My case was filed in Nebraska service center.
In the meantime, I got my education evaluation done from degree.com(thru an evaluator Sheila Danzig - 1-800-771-4723), She gave an course by couse evaluation(I have my 3-yr degree in computers) and proved that I have 120+ credits(equivalent of U.S degree) also she gave me an expert opinion. This was submitted to INS immediately as MTR(Memo to re-open)/Appeal. I got my I-140 approved and my 485 reopend !!! It took three weeks from the date my MTR/Appeal went in to have it approved. Please note, folks who are in the same boat, please remember to do the following(in case you have any questions please feel free to contact me at karthickk@gmail.com)

1. Apply for MTR/Appeal within 30 days from the date of rejection(please be strict with this time line, even a day delayed will take the case to AAO, which takes like 15 months for a decision, and the decision will mostly likely be negative if you go to AAO).

2. Do NOT send evaluation from two evaluators, I have heard from my lawyer that those cases have been denied stating the reason that evaluations are not exactly similar.

3. Have a Subject by Subject evaluation to prove that you have atleast 120 credits(equivalent of US bachelors degree).

If you do the above three you have 90-99% of chances that your case is approved. Please feel free to email me if you are in the same boat, probably your talk to me will help to comfort you.....

With regards
Karthick


excellent. i know i have sent a few people to Sheila. This is a very big issue with everyone in dealing with Nebraska.

please post this on the nebraska 140 forum.

moderator, you should post this as a sticky.
__________________
ny.united@gmail.com
614 416 6722 (please don't ask questions about LUD changes)


So I guess people come and post into this site to get some valuable advises which will give them relief and happeness & options to overcome issues they encounter... So giving proper comments would help everyone to take a correct path... rather then misleading them and giving no hope to overcome.....had I taken ur suggestion I would not have filed my case at all... but I did... and now Iam happy to see Karthicks message and glad that there is an option to overcome......
 
Different education evaluation at I-140 stage

UnitedNations,

I plan to use a different educational evalution for B.S degree equivalency in the I-140 stage than the one (combination of degrees) used in the LC. Please let me know if this is a viable option.

Thanks
 
Refiling in PERM with EB2 (Bsc and MS from US univ)

Hello everyone,

I have 3 yr degree Bsc degree with Maths and Physics as majors. My company had filed labor under RIR with EB3 in Jan 2005, I joined this company in Jan 2001 and completed my MS Degree in Information Systems (as a Part time study), and graduated in 2003.

They didn't file my RIR in EB2 because then EB3 was current and no one thought it will go for a such a long retrogression, NJ applicants it is even more longer considering the backlogs.

My questions are:

1) Will there be any issues if I get them to file PERM now with EB2, considering the fact I have an MS degree from US university? Will USCIS accept my EB2 since I acquired MS degree while I was employed with this company? I had a prior experience of 3 yrs before joining this company.

2) My H1 will be expiring in June'06, so if they file for PERM now, will I be at any risk for getting the H1B 7th yr extension?

I greately appreciate if someone can give me an insight.

And I thank you so much in advance.
 
Last edited by a moderator:
Hello Unitednations and guru,

First of all thank you for being so supportive. I have two questions. First let me state my situation:

Currently I work for company A, which is a very big software developement company and they have filed for my green card or rather LC in non-RIR/EB3 format way back in April 2003. My H1B expires on March 2007 i.e. my last year starts on March 2006.

Another company, Company B has agreed to file for my green card. They are ready to file in PERM/EB2 category. My lawyer suggests that I do not join B right away and wait for the PERM to get approved. After that I can join B. That way I am safe.

Now the questions:

1. If my PERM through B gets approved before March 2006 i.e. before my 6th year of H1B starts, then I know that I can safely transfer my H1B to company B and still be eligible for extensions. But what if the PERM approval takes longer and I want to join B while my 6th year is already on? Will I still get extension because B filed for my PERM before 6th year started? I know that my current company's (company A) existing LC petition can be used for that purpose - but I dont want to rely on that.

2. I have a bachelor's in marine engineering (4 year engineering course) and more than 6 years of software experience, out of which more than 5 years is in US. And it has been "progressive". Will I have problem with EB2? I have also done lots of graduate course work in computer science although I never completed my master's because I never submitted my thesis. I am also currently doing my MBA and more than halfway through it.

Please let me know your thoughts.

Regards.
 
Refiling with amendment

Refiling or Conversion in PERM by amending the job requirement/ minimum requirment in the old BEC application.

Please post if you have refiled after amending the old BEC application and how long to wait for refiling after requesting amendment at BEC or can the PERM be refiled while attaching documentation of amendments without waiting for confirmation from BEC on amendment.
 
Qualify for PERM under EB2

hi All,

I worked with a CompanyA for THREE years and left them for CompanyB 2 YEARS AGO, i am still working with CompanB,

Now CompanyA wants to file a PERM for me.

My question is Can i use THREE years experience gained from CompanyA toward my labor certification through CompanyA, NOTE I am not employed with CompanyA right now.

Thanks
 
EB2 qualification and risks..?

hello gurus,

I am an infant relating the GC related stuff and i am planning to apply for the GC and my paper work is going on and this is my first post anything relating to the GC.

I have recently completed by 2nd year on H1. I did my Bachelors in computer science (3 yrs from India) , MCA (master in computer, 3 yrs from India) and i am having 7+ years of experience (1 yr with the current employer).

I have got the educational evaluation done which says that mine is equivalent to the Master in USA.

My employer is trying to give an ad for sr. software engineer which requires Master + 2 yrs and also there is a note that "Employer will accept Bachelor's & 7 years of experience." and we are planning to go for EB2.

Will there be any issue with this kind of combination. I saw in few posts that there might be an issue while in I140 stage if we apply in EB2 if you do not have a 4 yrs degree from India.

Please advice me as i still have some time to correct the things now if there is some thing that is looking risky.


Thanks in advance...
 
EB2 Job Title with US Masters + 2 yrs exp outside US

Hi All

I have US Masters in Comp Sc(2003)..I have 2 years Exp in Software Engg from 1998-2000 outside US. Now I am Working as Senior Software Engg (EB2 Salary) from 2005 & Software Engg from 2004-2005 for the same Company.

Can I apply for EB2 with my US Masters Degree and 2 yrs Exp in 1998-2000 outside US?

Also what I put as my Current Job Title in PERM Form with the Current Compnay which is applying for me..Software Engg or Senior Software Engg.Is Senior Software Engg is good Titile for EB2 with my background?

PLease Advise.....

Shovonbd
 
2yrs bachelor+2yrs master+ 5yrs exp in pak Does EB2?

Hi Guru, Jim
I do have Masters in Computer Science (2yrs) from pakistani well renowed university. Before this master I do have a bachlor in science. SO in my case i do have 2 (master)+ 2 (bachlor) yrs. I want to apply for EB2. Can I do that. Am I US bachlor ?
 
US Masters

Yes as long as the job description matches your education. EB2 requires a masters degree.

shovonbd said:
Hi All

I have US Masters in Comp Sc(2003)..I have 2 years Exp in Software Engg from 1998-2000 outside US. Now I am Working as Senior Software Engg (EB2 Salary) from 2005 & Software Engg from 2004-2005 for the same Company.

Can I apply for EB2 with my US Masters Degree and 2 yrs Exp in 1998-2000 outside US?

Also what I put as my Current Job Title in PERM Form with the Current Compnay which is applying for me..Software Engg or Senior Software Engg.Is Senior Software Engg is good Titile for EB2 with my background?

PLease Advise.....

Shovonbd
Click to expand...
 
You must log in or register to reply here.
Top