FAQ: Name variation in diploma or degree, name change for immigration
Hi Sir,
I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied
I140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. please see the RFE description and labor certification details below.
"Is USCIS not certain that I have met the educational requirements of the labor certification position"? i can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "
Once I have documentation that NEW NAME and OLD NAME are the same person, Is USCIS accept my educational documents? please help me on this situation.
I am in 6th yr H1B expired on Sep 23rd 2016.
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Please see the below information in my Labor certification
4. Education: minimum level required – Bachelor
4B. Major field of study – Comp Sci, Info Sci, Math, Stats, Economics, Industrial Engnrng, Operations Research, or related
8A. If Yes, specify the alternate level of education required: Masters
8C. If applicable, indicate the number of years experience acceptable in question 8: 2
10A. If Yes, number of months experience in alternate occupation required: 60
RFE
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EDUCATION
The form ETA 9089 you submitted indicates in section H, box 4 that a bachelor's degree in Comp Sci,Info Sci, Math, Stats, Economics, Industrial Engnrng, Operation is required for the position. In the alternative, questions 8, 8-A and 8-B indicate that a master's degree is acceptable. You submitted Bachelor of Science diploma from the University of x and a Master of Science diploma from y University. Both diplomas were issued to OLD NAME.
USCIS notes a discrepancy in the beneficiary's name between the Form 1-140 and diplomas. Submit evidence showing that NEWNAME and OLD NAME are two names used for the same person.
Evidence of a name change may include, but is not limited to, a birth certificate, marriage certificate,divorce decree, death certificate (of the spouse whose name you used), adoption decree, or court order. The evidence must be registered with a civil authority.
Using a modified version of your name for an extended period of time is not acceptable proof of a name change. Note: Affidavits will not be considered primary evidence in order to establish a name change.
USCIS is unable to determine if the beneficiary has met the educational requirements. Submit additional evidence which establishes that the beneficiary meets the educational requirements for the position as stated in the ETA 9089 as of the priority date of August 5, 2015. This evidence must be in the form of an official record from the institution showing the dates of attendance, area of study and date of degree award.
