Pre Approved Labor

[kbpadu]

A pre approved labor says, minimum requirements are
B.S. (Maths/Computers/Engineering) and college = 4

I have a 3 year Bsc degree in maths and 3 year masters MCA(Master of computer applications). Can I sustitute with that labor or do I need to have a 4 year single bachelor degree?(like engineering)
Please help me

 

[Damnit]

Nope

 

[kbpadu]

So that means I can not use the pre approved labor. Right?

 

[msd_gc]

I am in same boat as kbpadu.

UnitedNations:

I am in the same boat as kbpadu. I have a Bachelors - 3 years and a Masters 2 years from India. I used a Education Evaluation that was done for my H1B in 1999. This evaluation said that my Bachelors in India is equivalent to Bachelors in US and my Masters in India is equivalent to Masters in US.

Now I used a sub labor that required a 4 years Bachelors in Computer Science. Do you think this will be a problem for me ? I have applied for 140 only and will file for 485 after a few days. Please let me know as I am getting a little jittery now.

- msd_gc.

Obiously, discuss with a lawyer.

If your education evaluation equates your two degrees as equivalent to bachelors then you would have a problem if the labor cert. doesn't allow combination of degrees.

If your masters is considered equivalent to u.s. masters, then it is assumed that you have a u.s. equivalent bachelors. This is according to some posts by others who have received feedback from lawyers.

 

[kbpadu]

Answer

I have consulted an attorney at law office of Murthy by paying consultation.
The pre approved labor says college 4 and college degree required as BS. or equivalent Degree.

If we are filing this in NEBRASKA, We need to have one single degree for 4 years. This rule is only for Nebraska. If you file somewhere then you can file combination.

I told to attorney that I have 3 year Bsc and 3 year masters degree(MCA). Attorney said even though my education is better than B>S>, NEBRASKA will look for single degree for 4 years. And attorney adviced me not to substitute.

 

[kbpadu]

Got The Answer

A pre approved labor says, minimum requirements are
B.S. (Maths/Computers/Engineering) and college = 4

I have a 3 year Bsc degree in maths and 3 year masters MCA(Master of computer applications). Can I sustitute with that labor or do I need to have a 4 year single bachelor degree?(like engineering)
Please help me

I have consulted an attorney at law office of Murthy by paying consultation.
The pre approved labor says college 4 and college degree required as BS. or equivalent Degree.

If we are filing this in NEBRASKA, We need to have one single degree for 4 years. This rule is only for Nebraska. If you file somewhere then you can file combination.

I told to attorney that I have 3 year Bsc and 3 year masters degree(MCA). Attorney said even though my education is better than B>S>, NEBRASKA will look for single degree for 4 years. And attorney adviced me not to substitute.

 

[kriskish]

I have consulted an attorney at law office of Murthy by paying consultation.
The pre approved labor says college 4 and college degree required as BS. or equivalent Degree.

If we are filing this in NEBRASKA, We need to have one single degree for 4 years. This rule is only for Nebraska. If you file somewhere then you can file combination.

I told to attorney that I have 3 year Bsc and 3 year masters degree(MCA). Attorney said even though my education is better than B>S>, NEBRASKA will look for single degree for 4 years. And attorney adviced me not to substitute.

Hi Guys,
This worries me a little as I have my 3 year engineering degree in electronics and communincation engineering. Prior to that i did my diploma in electronics and communication engineering. My labor is at federal level and may be approved in a month or so.. when we apply 140 and 485 in NEBRASKA.. will it be a problem? My labor petition says bachelors in electronics engineering or equivalent. Do you guys want me to talk to the attorney ? Please advise.
Thanks
KK

 

[kriskish]

nebraska is a bunch of b------- when it comes to this. If your education evaluation combines work experience or diplomas to get to u.s. bachelors without the eta 750a specifically allowing combination; Nebraska will deny.

You may want to see if you can get the labor amended to allow for a combination of work experience, certificates to meet u.s. bachelors requirement. There are many people in nebraska who have been denied due to this issue.

Thanks UnitedNations as always. Attorny already did an educational evaluation on my degree during my labor application. Do you think that I need to do the evaluation again during 140? Thanks alot.

 

[kbpadu]

Hi Guys,
This worries me a little as I have my 3 year engineering degree in electronics and communincation engineering. Prior to that i did my diploma in electronics and communication engineering. My labor is at federal level and may be approved in a month or so.. when we apply 140 and 485 in NEBRASKA.. will it be a problem? My labor petition says bachelors in electronics engineering or equivalent. Do you guys want me to talk to the attorney ? Please advise.
Thanks
KK

This problem only appears, if you are substituting a pre approved labor. If labor certificat eis on your name, You are fine. If it is austitution, then they will pick each and every word.

 

[kbpadu]

This problem only appears, if you are substituting a pre approved labor. If labor certificat eis on your name, You are fine. If it is austitution, then they will pick each and every word.

Even though, it is better to check with your attorney and make sure the word "COMBINATION" is there in the form. If it is not there request an ammendment.

 

[kriskish]

This problem only appears, if you are substituting a pre approved labor. If labor certificat eis on your name, You are fine. If it is austitution, then they will pick each and every word.

Thanks KBPADU and United Nations.. In Andhra Pradesh, India once you are completed your diploma then you can go for engineering course by an entrace which alomost identical to the people who finishes 10+2 and go for engineering entrance. That course will be only for 3 years and you will get B.E or B.Tech. And it is purely engineering degree not like Bachelors in Science or arts. Now I am really worried as even if we go for MTR then there is no way to show them as 4 year degree. Please shed some light. Also it is not preapproved labor it is on my name and my educational grounds. You guys want me to talk to my attorney then I will bug right from now. Please suggest me.
Thanks
KK

 

[kbpadu]

Thanks KBPADU and United Nations.. In Andhra Pradesh, India once you are completed your diploma then you can go for engineering course by an entrace which alomost identical to the people who finishes 10+2 and go for engineering entrance. That course will be only for 3 years and you will get B.E or B.Tech. And it is purely engineering degree not like Bachelors in Science or arts. Now I am really worried as even if we go for MTR then there is no way to show them as 4 year degree. Please shed some light. Also it is not preapproved labor it is on my name and my educational grounds. You guys want me to talk to my attorney then I will bug right from now. Please suggest me.
Thanks
KK

Even though, it is better to check with your attorney and make sure the word "COMBINATION" is there in the form. If it is not there request an ammendment.

 

[msd_gc]

Guys:

I checked up my papers - here is an issue in my case. and I am really worried.

My Sub Labor requires 4 years of Bachelor's degree. I have 3 year Bachelor's degree and 2 years Masters degree from India.

Now I have education evaluation showing my Masters is equivalent to any Masters in US while my bachelor's is equivalent to Associate Bachelors degree. I have applied in Vermont - do you think this is a problem ?

Please answer as I am really worried now.

- thanks for ur inour guys - msd_gc.

 

[msd_gc]

Does your labor requirements state the word "equivalent". Service centers other then Nebraska seem to be lenient in allowing a combination of degrees to meet u.s. bachelors requirement as long as the word equivalent is there. Nebraska states "equivalence" doesn't matter unless it is clearly defined.

I does not say "Equivalent" ... the 750A Education Column says

Grade School - 10
High School - 2
College - 4
College Degreee Required - Bachelor
Major field of Study - Comp Science

I have:
Grade School - 10
High School - 2
College - 3 + 2
College Degreee - Bachelor + Masters
Major field of Study - Comp Science


Do you think this will be a problem ?

thanks for ur reply UN.

 

[msd_gc]

Could be an issue. Vermont may let you off the hook because your masters is considered equivalent to a masters in USA and the entry requirements for a u.s. masters is a u.s. bachelors degree.

UnitedNations:

Lets say Vermont gives me an RFE - how should I contest the same. What can I do along with my attorney to fight this REF ?

Do you know anybody in the same situation ?

- msd_gc.

 

[msd_gc]

dazzling:

Can you add your 2 cents ?

Please see my posts before and comment - I am in a delicate situation as far as I140 goes. Appreciate ur contribution on this.

- msd_gc.

 

[msd_gc]

Most of the time, people who have posted education issues was due to the following reasons:

1) combination of degrees to get to u.s. equivalency without labor cert. allowing it.

2) combination of work experience and degree to get to u.s. equivalency (generally, the other serivce centers would not approve unless it is specifically stated that work experience can be used in the labor cert.)

3) Major mismatch - ie., field of study on labor says comp. sci but person has major in math

4) What does field of study on labor have to do with the job. ie., field of study says chemistry but the job is in computer science. Therefore, how does a chemistry degree relate to a computer science position.

Recently, I received the full response to my appeal on the i-140. I was surprised to learn that the basis of the argument was two fold. First one was that since I had to go to high school until grade 13, that in itself is equivalent to first year u.s. bachelors. Therefore, the three year degree I had in canada combined with my grade 13 made my degree equivalent to u.s. bachelors. The second evaluation stated that I had a u.s. CPA and the entrance requirements for a u.s. cpa is the attainment of a bachelors degree and that work experience is not allowed to get to u.s. bachelors degree for the purpose of CPA. Therefore, since a bachelors degree is a requirement for the attainment of a CPA and I have a CPA then I have the equivalence of a u.s. bachelors.

The part about the entrance requirements for my CPA or in your case to your masters degree is what would be argued that you have obtained a u.s. bachelors degree.

Note: I have not seen one RFE or denial in the case of a person with three years degree and a masters where the masters was considered equivalent to a u.s. masters. That doesn't mean there hasn't been any but from reading the AAO decisions and other posters over the last year and a half, I haven't seen it as an issue.

The real expert on this is dazzling.

What is the AAO ?

I dont see a lot of sub labors so it is rather rare to see cases similar to mine I guess.

- msd_gc.

 

[kriskish]

My Scenario

AAO=administrative appeals office.

http://uscis.gov/graphics/lawsregs/admindec3/index.htm

above is a link to AAO decisions. The applicable categories to select are b5 and b6. Most of the decisions relate to ability to pay but there are some that discuss combination of degrees, work experience, labor mismatch, etc.

Hi UnitedNations/KBPadu,
Here is my situation.
In the section 14 of ETA750 application.

College is marked - X
College Degree Required - Bachelor's or Foreign Equivalent
Major Field of Study - Electronics Engineering or a related field

Experience Section:
No of years : 1yr

In the 15th Section:

Other Special Requiements:
Must have the following Certifications:
Developing Domini Application for the web
Lotus Script
Domino R5 Application Development Update

Now does Nebraska looks as 3 year degree or 4 year degree?

As I have 3 year Electronics and Communication Engineering how does if affect me.

Thanks for all the prompt responses.
KK

 

[kriskish]

in USA "bachelors degree" is four years. Therefore, they will look to see if you have an equivalent four year degree. If you used combination of diplomas/degrees or work experience to get to four year degree in Nebraska then you could have major issues.

Hi Unitednations,
I have attached the educational evaluation with this one. Could you please look into this when you get a chance.
Thanks
KK

 

[kriskish]

Your single degree was considered equivalent to u.s. bachelors degree. Therefore, you meet the requirements of labor. Should/will get approved.


I'm still confused as to how some three year degrees in india can be considered equivalent to u.s. bachelors but others aren't. Can some people shed some light on this.

Hi UnitedNations,
Actually my degree not like 10+2+3 mine is like 10+2+3+3. After 10+2 I did my Polytechnic and You will be eligble to write Entrance exam for 3 Year engineering course (Fulltime) ot 4 Years parttime. In mycase I did 3 year full time. My transcripts says from 1992 - 1994, but the paper (diploma, dont get confused with polytechnic diploma) which did not mention whether it is 3 years or 4 years. Hope this helps you a little. THANKS ALOTT for all you great help.
KK