RFE on I-140 - 3Yr Degree

U

ud23g

Registered Users (C)
Got the following RFE on I-140

This ETA-9089 requires a stand-alone bachelor's degree. The Service doesn't recognize a 3-year bachelor's degree from India as a foreign equivalent to a US bachelor's degree. Part H8 of the ETA-9089 doesn't indicate the combination of education and experience would be an acceptable alternative to the bachelor's degree requirement.

I hold a B.Sc. Computer Science 3Yr degree from India.

Has anyone had the same issue and what was the action taken?

Thank you.
 
Did u file in EB3 or EB2?

Sree

ud23g said:
Got the following RFE on I-140

This ETA-9089 requires a stand-alone bachelor's degree. The Service doesn't recognize a 3-year bachelor's degree from India as a foreign equivalent to a US bachelor's degree. Part H8 of the ETA-9089 doesn't indicate the combination of education and experience would be an acceptable alternative to the bachelor's degree requirement.

I hold a B.Sc. Computer Science 3Yr degree from India.

Has anyone had the same issue and what was the action taken?

Thank you.
Click to expand...
 
EB3
B.Sc - Completed in 1996
Have about 10+ years of work exp.
Labor was applied in about June 2006.
Started working in the US from 2003.

I believe the attorney missed the magic words "OR EQUIVALENT"
My company says that I have to start from step one i.e. Labor
Is there a way to reply back to the RFE and avoid starting all over again?

Thank you.
 
The USCIS is correct on this one. In order for you to qualify for an LC, you would have to file the case with the alternative combination of "will accept 3 years college education plus 3 years related experience in lieu of required education and experience." If it doesn't say that, they're right - not equivalent to a US Bachelor's. You're "SOL" on this one. See if your employer has any pre-approved labors and would be willing to do a substitution case for you since you had to undergo this unfortunate series of events.
 
You must log in or register to reply here.
Top