Pre-approved labor question: Slight Degree mismatch.

[ekdesimunda]

My company has shown interest in using one for their pre-approved LCs for my case.

I have a 3+3 degree. I did a diploma in engineering for 3 years and the got admission to the 2nd year of degree (in CS). The degree is B.E. (from India). The degree is no different from any other BE from India. I have a certificate from some education evaluators stating that.

Nyways the legal dept. came back saying that INS changed some of its policy on Indian 3 year bachelor’s degrees, and no longer consider these to be the equivalent of a US 4 year bachelor’s degree.

They have LCs subs that are for 4 yr degree.

And because I dont actually have a 4 year Bachelor’s degree, but a combination of degrees that are the equivalent to a Bachelor’s degree, I will not qualify for the existing LC subs.

They also said that INS will deny an I-140 petition where the beneficiary employee has a combination of degrees or years of experience that is the equivalent to a Bachelor’s degree, where the labor certification requirement states a Bachelor’s degree requirement.

Is this true? Is there something they are missing?

BTW, The degree I got is exactly the same that my colleagues from 12th. Infact I attended the same college and same class that they attended. The degree certificate is no different and doesnt say anything about 3 yr. But if you look at the transcripts, there are only 3 yr transcripts for degree and then another 3 yr for diploma.

any help appreciate, thnx in advance...

 

[tammy2]

My company has shown interest in using one for their pre-approved LCs for my case.

I have a 3+3 degree. I did a diploma in engineering for 3 years and the got admission to the 2nd year of degree (in CS). The degree is B.E. (from India). The degree is no different from any other BE from India. I have a certificate from some education evaluators stating that.

Nyways the legal dept. came back saying that INS changed some of its policy on Indian 3 year bachelor’s degrees, and no longer consider these to be the equivalent of a US 4 year bachelor’s degree.

They have LCs subs that are for 4 yr degree.

And because I dont actually have a 4 year Bachelor’s degree, but a combination of degrees that are the equivalent to a Bachelor’s degree, I will not qualify for the existing LC subs.

They also said that INS will deny an I-140 petition where the beneficiary employee has a combination of degrees or years of experience that is the equivalent to a Bachelor’s degree, where the labor certification requirement states a Bachelor’s degree requirement.

Is this true? Is there something they are missing?

BTW, The degree I got is exactly the same that my colleagues from 12th. Infact I attended the same college and same class that they attended. The degree certificate is no different and doesnt say anything about 3 yr. But if you look at the transcripts, there are only 3 yr transcripts for degree and then another 3 yr for diploma.

any help appreciate, thnx in advance...

That is not the combination of degrees. it is not about 3 years degree or 4 years degree. It is 15 years of education or 16 years of education.
Problem arise if some one has completed 3 years of degree and one year course to show the Bachelors. But in your case degree was achieved after 16 years of education. So It should be alright.

Which service center jurisdiction you are in?