RFE in I-140 (3yrs Bachelor's not accepted with sufficient work experience)

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nazimn

Registered Users (C)
I recently got an RFE for my I-140 from Nebraska Service Center, saying that ".....Form ETA-750 (Application for Alien Employment Certification) indicates that the petitioner requires the completion of four years of college education; the attainment of a bachelor of science degree, with a computer science, information system, or related major field of study; and the completion of two years of experience in the job offered or in a related occupation. Form ETA-750 also lists several special requirements. Form ETA-750 does not state that any other level of education will satisfy the petioner's requirements, nor does it provide for a degree equivalent as the minmum level of education, regardless of whether the equivalency is based on work experience, training, or a combination of lesser degrees. As such, the evidence provided is insufficient. Therfore petitioner must submit evidence that the alien completed four years of college education, and obtained the required bachelor of science degree, with a computer science, information system, or related major field of study. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.....".

Here's what I got: (a) 3 years Bachelor's in Computer Science (BCS) degree, comprising 104 credit hours (b) 1 year incomplete masters with 6 courses comprising 18 credit hours. (c) 7 years of total work experience [5 yrs before filing for labor]

My attorney says that he got a lot of approvals from NSC for similar cases, but they just changed the policy. Is that right?? Are there any recent policy changes in immigration laws regarding that?? Or my attorney may have done some mistake while applying for my labor??

Solutions????????? I would rather not have denial on I-140, after waiting for almost 2 years :(
 
nazimn

EB2 or EB3 which category ???
The labor you used is your own labor or sub ??

In 750A form what does column 14 says
for College :
College Degree Required :
Major Field of study :
Related occupation :

Column 15 Other Special requirements :

Sorry to hear about your RFE
:(
 
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hi

What does this kind of RFE mean, does it have a way out or sure problem of getting thru

Any thoughts
 
*category = EB3
* used my own labor
* In 750A form what does column 14 says
for College : 4
College Degree Required : BS
Major Field of study : Computer science or information system
or related field
Related occupation : Programmer or software engineer

When I asked my attorney about # of years, whether why did he put 4yrs there, this what he had to say...

"....it does not matter. BS degree is deemed 4 years anyway even if we put 0 there. You do have four years before we filed your labor and we never have such problem before....."

Furthermore he is giving me the following solution:

".....Solution: Do you have any evidence to prove your BS is actually 4-yr degree? Or, can you get a letter from your professor to confirm that you completed MS degree, but for some technical reason (such as financial), you have not got the diploma....."

Later is not true, so can't get a letter that I completed MS & didn't get the degree for whatsoever reason(s).

For the earlier, since I did 6 courses bearing 18 credits under MS program in 1 year. I can try to get a letter saying that it would make my 3yr BCS equivalent to 4yr BS here, but they can't provide the degree again or something like that. I can also get a from my company (petitioner) to provide a letter concurring with that, so that they knew I did extra MS courses and they consider it as BS 4yr equivalent.

The thing I don't know is whether it would work or not??? Would make it more stronger evidence if I do Educational Evaluation again based on above & my work experience?? Or well its useless now & I'll have to bite the bullet & refile my labor?? If so then what do I need to be careful of??? Again I've got 3yr BCS (104 credit hrs) + 6 courses (18 credit hrs) over the period of 1 yr under MS program + 7 years of work experience.

I'm on H-1B for 4.5 yrs & this is my 5th year. So whatever I've to do has to be quick & wise.

Thanks
 
nazimn

But now if you show what you got a Masters equvelent are they fine ? But the RFE does not say that ...

Can you show any diplomas along with the Degree to get this thru

Any thoughts from anyone
 
Well I don't have any diplomas. I enrolled in Masters in Computer Science and did 6 courses bearing 18 credit hours over the period of 1 year, but they are not accepting 1 year (incomplete) MS transcript.

I got one more question though:

My attorney has suggested me to refile labor which I'm going to go for. I've approx. 1.5 years left on H-1B until 6-yr term gets over. Let's say if my labor gets "approved" just before 6yr H-1B term gets over, can I file for H-1B extension or Should I try to time the labor such that it remains pending over 365 days, based on the processing time it takes in state (Michigan)?????

Suggestions?????
 
Yes, have to readvertise. But he said only for 2 months. Should it be 3 or more??

Also should the advertisement have required education qualification too i.e. Bachelors or equivalent with 3 yrs & at least 2 years of work experience or something like that???
 
140 EB 2 RFE

I got an RFE on my Education. I have 3 yr bachelor degree and 3yr Master degree (from India).

My Education Evaluation says as follows:

"Mr. A XXXX's degree of Bachelor of Commerce and one year of his three years of the degree of Master of Computer Applications are equivalent to a Bachelor degree in Business & Computer Science from an accredited University in the United States. His remaining two years of the degree of Master of Computer Applications are equivalent to a Master degree in Computer Science from an accredited University in the United States."

Murthy Takes Action : Education Abroad and I-140s
http://www.murthy.com/news/ukmurtak.html

"" the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree. -- --- -- -- This clarification will benefit many who have experienced problems or denials due to the nature of their educational credentials. This letter should be very helpful in obtaining approvals for those who are now eligible. We saw approvals soon after our Office obtained this opinion letter from Mr. Hernandez. "

where can I (or my attorney) get this letter (or memo) ?
 
Re: 140 EB 2 RFE

Could you post Your RFE exactly.
Your case is not combination of degrees. A single-source foreign degree which is Master of Computer Applications equivalent to Master degree in Computer Science from an accredited University in the United States.

I am pretty confident that officer did not understand evaluations.
You may have evaluate just

"Mr. A XXXX's degree of Master of Computer Applications is equivalent to a Master degree in Computer Science from an accredited University in the United States"

Originally posted by NeelBuddy
I got an RFE on my Education. I have 3 yr bachelor degree and 3yr Master degree (from India).

My Education Evaluation says as follows:

"Mr. A XXXX's degree of Bachelor of Commerce and one year of his three years of the degree of Master of Computer Applications are equivalent to a Bachelor degree in Business & Computer Science from an accredited University in the United States. His remaining two years of the degree of Master of Computer Applications are equivalent to a Master degree in Computer Science from an accredited University in the United States."

Murthy Takes Action : Education Abroad and I-140s
http://www.murthy.com/news/ukmurtak.html

"" the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree. -- --- -- -- This clarification will benefit many who have experienced problems or denials due to the nature of their educational credentials. This letter should be very helpful in obtaining approvals for those who are now eligible. We saw approvals soon after our Office obtained this opinion letter from Mr. Hernandez. "

where can I (or my attorney) get this letter (or memo) ?
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