| Author | Topic:
I140 RFE - 3 Years Bachelors - Tracker |
VGSri Member |
posted
October 20, 2005 02:49 PM
  After reading a lot on forums about education related RFEs or denials during I140 Stage, thought would be helpful for forum community to track these. So anybody who received RFEs or denials please post your details and how you handled it. Please include as much details as you could so that it would be helpful for others. Details like service center, education, evaluation agency, dates and status would be very very useful. Posts:
24 | Registered: September 22, 2005 |
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sunil707 Member |
posted
October 21, 2005 10:41 AM
  Got RFE - I-140: educationEB2/NSC Bachelor - 3 years degree course from india Total IT experience 20 years+ Evaluation done by *********, NY (Degree equivalent Baesed on academic qualification and professional experience: Master of Science in Computer Information System)
Hi folks,
I got an RFE reads as follows:
:quote: To establish that alien is a professional holding an advance degree, you must submit:
An official academic record showing that the alien has a U.S. advanced degree (or a foreign equivalent degree); or
An official academic record showing that the alien has a U.S. baccalaureate degree (or a foreign degree), and evidence in the form of letters from the current or formal employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty.
The verbiage “foreign equivalent degree” is interpreted by the Service to mean an U.S. Bachelor’s degree or a single source, foreign degree that is equivalent to an U.S. baccalaureate degree. Unlike H1-B criterion, the aforementioned verbiage does NOT include a combination of education, training and experience that has been found to be equivalent to an U.S. baccalaureate degree.
Therefore, The ETA-750 requirement of a bachelor’s degree has not been met. The alien has three years of education, however this has not been equated to a U.S. bachelor’s degree. :unquote:
I am stressed as to what to do with the degree part. Every suggestion is welcome. Anybody who had experience in the past – please share.
Thanks
Sunil
[This message was edited by Admin on February 03, 2009 at 12:12 PM.] Posts:
238 | Registered: June 03, 2005 |
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v99969 Member |
posted
November 09, 2005 09:01 AM
  Hello
Thanks for the the information I am also int eh saem situation with an I140-RFE for educational qualification verification for my 3 year degree. The site mentioned looks very much postitive about this situation.
Has anyone got evaluated through this company and got their approval of I140. Please let me know.
Thanks Posts:
9 | Registered: November 02, 2004 |
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prashu Member |
posted
November 10, 2005 03:59 PM
  there have been some successes and failures with their evaluations. I guess it all drills down to how the immigration officer understands it/ his mood and so on..... it's not 100% guaranteed. good luck. Posts:
66 | Registered: March 23, 2005 |
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p76 Member |
posted
June 03, 2006 05:59 PM
  I have a 3 year degree + GNIIT Diploma Applied I140 TSC and got an RFE saying my credential evaluation was not right. I got my Education evaluation back in 2001 and they evaluated 3 year degree + GNIIT = US Bachelors Degree. After getting RFE i contacted lot of educ eval agencies for educ eval and no one was ready to show 3 year + GNIIT = US Bachelors. Finally i found in this forum about ************. Finally i have decided to do education evaluation by her. She did an excellent job in showing 3 year degree as equivalent to US Bachelors degree. My case got approved in EB2 (TSC).
Its a little expensive to get the education evaluation thru her but i think its worth it (atleast in my case it was worth it). She did an excellent job. The supporting documentation was also perfect. She gave me Course by course evaluation + Expert Opinion letter + supporting documentation (250 Pages). I have sent all the documentation provided and replied to RFE.
Please do your own research on 3 year degree. This is not an advt for ********. Each case is different and nobody guarantees if this edu eval works. It worked for me and i am sharing my experiences with you just to help. Please dont make me responsible if it doesnt work in your case. Each case is different and need to consult an experienced attorney before proceeding.
If you need more info let me know i can give my contact and we can discuss.
[This message was edited by Admin on August 28, 2007 at 07:34 AM.] Posts:
35 | Registered: February 08, 2006 |
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pernalguy Member |
posted
June 05, 2006 02:41 PM
  Does this work @ NSC? I think TSC approves anything. Posts:
249 | Registered: April 28, 2005 |
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sunil707 Member |
posted
June 07, 2006 06:21 AM
  Yes it works for NSC too. ****** did evaluation for me (3 years degree in commerce from India)...
I applied in eb2 category got an RFE on 3 years degree problem.... contacted ******... very excellent evaluation from her (lots of documentation)... got approved under eb3...
Thanks ******...
Sunil
[This message was edited by Admin on June 07, 2006 at 11:27 AM.] Posts:
238 | Registered: June 03, 2005 |
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premon Member |
posted
June 08, 2006 11:46 AM
  sunil 707 can you email me the evaluation agency as i too have a similar RFE **************.com thanks
[This message was edited by Admin on June 09, 2006 at 06:20 AM.] Posts:
10 | Registered: June 08, 2006 |
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premon Member |
posted
June 09, 2006 04:50 AM
  HI MY labour cert says min qualification require "Bachlors". MY qulification is BSC+gniit.. I am getting it evaluated to a US Bachlors dgreee..do u think it will create aproblem in TSC THe RFE I recieved is only" Pleae submit an evaluation of the beneficiarys academic record" . I didnt submit any evalution...so now i m planning ot submit it thru T********..to evalute BSC+Gniit... Please give your inputs thanks premon Posts:
10 | Registered: June 08, 2006 |
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sunil707 Member |
posted
June 19, 2006 08:49 AM
  [QUOTE]Originally posted by premon: HI MY labour cert says min qualification require "Bachlors". MY qulification is BSC+gniit.. I am getting it evaluated to a US Bachlors dgreee..do u think it will create aproblem in TSC THe RFE I recieved is only" Pleae submit an evaluation of the beneficiarys academic record" . I didnt submit any evalution...so now i m planning ot submit it thru T********..to evalute BSC+Gniit... Please give your inputs thanks premon[/QUOTE]
Hi premon - you can contact me at *********DotCom...
[This message was edited by Admin on June 19, 2006 at 11:58 AM.] Posts:
238 | Registered: June 03, 2005 |
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premon Member |
posted
June 21, 2006 06:02 AM
  my 140 got approved bsc +gnitt .evaluation done by T******* NY^ Posts:
10 | Registered: June 08, 2006 |
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savealldocs Member |
posted
August 03, 2006 01:51 PM 
  please helpHi, Here is my situation: I worked onsite on H1 for a client A, employed by Company B. I came back to india in april 2006 and resigned. I am in India at present and cleint A has filed my H1 on premeium but got notification for additional information. The reason stated by USCIS is as following: According to Immigration, "the nature of the proposed duties does not appear to involve such specialization or complexity as to require the knowledge associated with the attainment of a bachelor's degree.To augment the description initially submitted, please expound on the duties, particularly the tasks that warrant the expertise of a bachelor's degree recipient.
Please submit a detailed statement articulating the beneficiary's proposed duties and day-to-day responsibilities. Please indicate the percentage of the time the beneficiary will spend performing these particular functions each day. Please indicate which specific tasks require the expertise of someone who holds a bachelor's degree and how the beneficiary's education relates to the position itself.
Attorney had submitted the required information/documents but got visa denial for same reason. Now i recieved the following response from USCIS :
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status:
On June 29, 2006, this case was reopened on a USCIS motion, and the case is now in process. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done.
The attorney is going to hire a expert and going to reply in few days. My questions is 1) What are my chances to get H1 approved? 2) How long generally it takes to process this kind of case(remember it is H1 on premeium). 3) What necessary steps my attorney should consider to file re appeal?
Thanks. Posts:
13 | Registered: July 31, 2006 |
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adda Member |
posted
August 16, 2006 05:07 PM
  3 years Indian Degree Evaluation.Hi All , Today i got my I140 approval from TSC after responding to RFE on 3 year degree.
I discussed the issue before applying for I140 with my attorney by reading the experiences from all in this forum. But he said he will send the evaluation if i get RFE on my case. But the same thing happend . got RFE saying my 3 year degree is not equal to US BS degree. Then i Contacted ******* for my evaluation . She was replying to my mails. Finally i paid money and sent all docs required. Her assistent Mina never responds to mails beware of her. But luckily i spoke to ****** on the day before my RFE deadline. I spoke to her in the mid-night and she is so good , she has sent my Evaluation docs next day by express courier. She is so nice. So good and so helping . I am not a person who works for ******, this is my experience with my I140 RFE and ******. Here i want to tell you all that, when i spoke to ****** she said the possibility of success is above 90%.Though ****** Evaluation is expensive i have choosen because i do not see any other who have communicated to us for several years on this issue. Since i have searched all the forums i have firmly dcecided to go with ******. By god's grace my case is approved today. I am a member here since 2005 . I have written couple of posts today for the benefit of people whose cases can be like me.
Guys ,forgot to tell you my case is approved by TSC.I am so lucky . So if you get an issue like this do read , contact discuss and take your decision. All the best to all of you. thanks adda
[This message was edited by Admin on August 28, 2007 at 07:38 AM.]
[This message was edited by Admin on October 19, 2007 at 04:33 AM.] Posts:
53 | Registered: July 18, 2005 |
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premon Member |
posted
August 23, 2006 01:20 PM
  hey congrats.. I got my EB2 I 140 approved from TSC in june 2006.I had BSC+GNIIT ..for which TSC sent me a RFE for a normal evaluation .I got a $75 evaluation form an agency in New york and got myself approved...I found ******* to be too expensive...My friends with the same qualification got approved with a normal evaluation..TSC, I know is pretty ok with the evaluation..I really dont know why you had to go thru such an expensive evaluation.. Anwyas you got your 140 approval ..congrats.. and i got my GC approved.yesterday.....
[This message was edited by Admin on January 09, 2009 at 09:25 AM.] Posts:
10 | Registered: June 08, 2006 |
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go0dfella Member |
posted
September 07, 2006 07:55 AM
  is there any country's 3 years degree that is equialent to US degree. UK has 3 years degree, Canada has 3 years and so is whole Europe. what happens to them?? Never heard of UK degree being denied..why is that?? Posts:
72 | Registered: March 08, 2006 |
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Shashikant Member |
posted
September 14, 2006 01:31 PM
  "For employment-based immigrant visa purposes (aka green card), the U.S.Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
What they are saying is they will not accept a combination, and I can understand that.
They do not say that "they will not equate 3 yr degree to a 4 yr degree in US". One can complete BS in US in 2 years if one really wants to. I think what it comes down to is no of credits. And if the B.Sc. / B.Com is exhaustive then it should be ok to equate it to a 4 yr degree. Posts:
6 | Registered: October 27, 2005 |
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kumar510 Member |
posted
September 19, 2006 04:19 PM
  Why do they deny/RFE for 3 year degree during 140 process but they accept during H1 filing/transfer Posts:
31 | Registered: January 06, 2006 |
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JoeF Member |
posted
September 19, 2006 05:28 PM
  [QUOTE]Originally posted by go0dfella: is there any country's 3 years degree that is equialent to US degree. UK has 3 years degree, Canada has 3 years and so is whole Europe.[/QUOTE] The "whole Europe" does NOT have 3-year degrees. For example, there are no 3-year degrees in Germany, as far as I know.
[QUOTE]what happens to them?? Never heard of UK degree being denied..why is that??[/QUOTE] The countries have agreements with the US on what constitutes equality. For my degree evaluation, the agreement was quoted in the evaluation: "According to agreement so-and-so between the US Department of Education and the Department of Education of country xyz, the candidate's degree is determined to be equivalent to a US Bachelor degree" or something like that. Posts:
28444 | Registered: January 07, 2004 |
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visitor Member |
posted
September 26, 2006 12:13 PM
  What does your labor certification say about the job requirement? Does it say the requirement is a 4 years Bachelor's Degree? Does it have any annotation saying that a combination of education will be accepted. Posts:
80 | Registered: October 02, 2002 |
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visitor Member |
posted
September 27, 2006 12:53 PM
  In this case, USCIS expects the candidate to have a single 4 year degree. They will not accept 3 year degree plus 1 (or 2 ) years diploma or degree as equivalent to a 4 year degree.
You may get an evaluation equating your 3 year degree to be equivalent to a US 4 year degree. This should give some life to your petition.
Good luck. Posts:
80 | Registered: October 02, 2002 |
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slash1976 Member |
posted
September 30, 2006 08:09 AM
  Hey Premon - Can you please email me the name of the service you used in NY ? My email is joe_k1976 at ***********.
[QUOTE]Originally posted by premon: hey congrats.. I got my EB2 I 140 approved from TSC in june 2006.I had BSC+GNIIT ..for which TSC sent me a RFE for a normal evaluation .I got a $75 evaluation form an agency in New york and got myself approved...I found ******* to be too expensive...My friends with the same qualification got approved with a normal evaluation..TSC, I know is pretty ok with the evaluation..I really dont know why you had to go thru such an expensive evaluation.. Anwyas you got your 140 approval ..congrats.. and i got my GC approved.yesterday.....[/QUOTE]
[This message was edited by Admin on January 09, 2009 at 09:26 AM.] Posts:
6 | Registered: September 24, 2006 |
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maninnj Member |
posted
December 29, 2006 07:32 AM 
  Hi Premon,
Could you give me name of the evalutaion agency in NY. I am from NYC. My I-140 has been submitted with NSC.This is just a precuationary measure. I got my evalutaion done by a NY firm so wanted to make sure that it is the same.*********corp. Pls reply to my email address oR post it on the forum.
[QUOTE]Originally posted by premon: hey congrats.. I got my EB2 I 140 approved from TSC in june 2006.I had BSC+GNIIT ..for which TSC sent me a RFE for a normal evaluation .I got a $75 evaluation form an agency in New york and got myself approved...I found ************ to be too expensive...My friends with the same qualification got approved with a normal evaluation..TSC, I know is pretty ok with the evaluation..I really dont know why you had to go thru such an expensive evaluation.. Anwyas you got your 140 approval ..congrats.. and i got my GC approved.yesterday.....[/QUOTE]
[This message was edited by Admin on January 09, 2009 at 09:27 AM.] Posts:
64 | Registered: January 05, 2006 |
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maninnj Member |
posted
January 08, 2007 12:08 PM 
  Hi Premon,
Please email me the name of the evaluation company in NY.Pls confim if it is Trustforte any way> Thanks, Manish
[QUOTE]Originally posted by premon: sunil 707 can you email me the evaluation agency as i too have a similar RFE **************.com thanks
[This message was edited by Admin on June 09, 2006 at 06:20 AM.][/QUOTE] Posts:
64 | Registered: January 05, 2006 |
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sunil707 Member |
posted
January 17, 2007 05:53 AM
  hi maninnj,
Please comtact me at******at the same user id as in this forum.
Sunil
[This message was edited by Admin on January 17, 2007 at 07:49 AM.] Posts:
238 | Registered: June 03, 2005 |
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Path2GC Member |
posted
January 19, 2007 09:44 PM
  [QUOTE]Originally posted by go0dfella: is there any country's 3 years degree that is equialent to US degree. UK has 3 years degree, Canada has 3 years and so is whole Europe. what happens to them?? Never heard of UK degree being denied..why is that??[/QUOTE]
In Europe a Bachelor in 'Computer Science' is 5 years. Posts:
67 | Registered: January 16, 2007 |
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prince_ny2000 Member |
posted
January 27, 2007 01:01 PM 
  What did your PERM require Maninnj? Did it ask a masters or BS+5? Posts:
1161 | Registered: May 07, 2006 |
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maninnj Member |
posted
January 28, 2007 08:16 AM 
  Prince ny 2000
Mine was RIR and it was filed as BS+2YRS. Posts:
64 | Registered: January 05, 2006 |
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visitor Member |
posted
February 03, 2007 03:33 PM
  My I-140 (EB3) got approved recently without any RFE from NSC. I have a 3 year degree from India. Education evaluation was not submitted with I-140 application.
Thus if the LC application and advertisements are properly phrased, then even 3 year degree holders can get approvals without the need to prove that a 3 year degree from India is equivalent to 4 years US degree.
Good luck to all of you. Posts:
80 | Registered: October 02, 2002 |
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houdini4u Member |
posted
February 25, 2007 09:34 PM
  am travelling on the same boat. Here is my case...
My prioprity date is Jan 2004 under EB-3 and still the labour is pending from New york(Philadelphia Backlog Center), its in DATA REVIEW. I have done my Bachelor of Science with Maths( 3 years) with GNIIT(2 years). In mean time my employer had a Pre approved labour with priority date Nov, 2001 and they filed the I140 in premium and it got denied straight away. The 15 and 14 column in the Pre approved labour says Bachelors in Maths, Comp Science, Engineering or equivalent. The education evalution says the same as "equivalent of an individual with a Bachelor of Science Degree in Comuputer Science from an accrediate college or university in the united states". So what does the equivalent means when the immigration defines it ?
My orginal filed labour is still in process but i does have the same problem and my lawyers fears that even if we file the I140 even that would be denied using the same case above. My Lawyer says she will do a perm with my Masters as i completed my Masters in June 2006 and as well as appeal for the denied case.Can you guys please suggest me the best evalutaion agencies, i was going through all of yours replies, just came across the NY evaluation agencies, can you guys please send me the name, is it trustforte..pelease help me..
I am in the 7th year extension and my H1 is going to expire in 4 months, what are my options?
Thanks in advance and your replies are apprecaited Posts:
3 | Registered: February 25, 2007 |
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prince_ny2000 Member |
posted
February 26, 2007 07:06 PM 
  I guess you either got evaluation based upon your combined BS plus GNIIT OR BS plus years of experience. Try getting an evaluation (equal to US BS) based upon a single source degree without combining or adding your experience in it. If you click on my ID you'll get my mail address and I can tell you where to get from. Posts:
1161 | Registered: May 07, 2006 |
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10dulkar Member |
posted
April 26, 2007 11:48 AM
  Hey guys
I just received an RFE on my I140 EB2 from Nebraska and was wondering if someone here can guide me as to what my next step should be:
Here is what my RFE says:
"At the time of filing Form 1-140, the petitioner submitted a copy of the beneficiary's Bachelor of Commerce Degree (3 years) and a copy of a Post Graduate Degree (2 years). The 3 years bachelor degree and the 2 year Post Graduate Degree equates to a Bachelor's Degree in the US. Please submit evidence that the alien obtained the required 6 years experience in the job offered before August 15, 2006."
I am surprised that they combined my degrees even though i submitted an evaluation which clearly states that my 3yr degree is equal to a bachelors and my pgdm is equal to a masters.
i am wondering what to do, and here are 2 options i am thinking of
1. I have worked for a Big4 Accounting firm for about 3 years in India (After my b.com but before my mba) - does that count? Will they consider that while counting my 6yrs work experience?
2. I did submit an evaluation which shows that my b.com is equal to bachelors and my mba is equal to a masters, but looks like they didnt really consider that...can i now submit a fresh evaluation done by ***** ****** which is a lot more detailed and can show that my mba is really equal to a masters?
Any thoughts?
Thanks in advance for reading and i would really really appreciate some guidance here!!!
[This message was edited by Admin on October 19, 2007 at 04:47 AM.] Posts:
1 | Registered: April 26, 2007 |
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vamsi_poondla Member |
posted
April 30, 2007 03:45 PM
  Will USCIS send RFE for EB2 if my degrees are * 3 Years B.Sc (Mathematics, Physics, Chemistry) followed by * 3 Years Masters in Computer Applications followed by * 4 years 10 months work experience in IT
Just wanted to know my chances for EB2 so that I can file for another EB2 based on current experience to get priority date before my H1B 5 year reaches. Posts:
26 | Registered: March 28, 2007 |
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AP1051 Member |
posted
May 05, 2007 10:41 AM
  Sunil,
I have 3 years degree in commerce from India)... and Advance Diploma in Hotel Management from Australia, Do you think I add this two certificates and get four years US?
I have applied for I 140 Nibraska, they send me RFA becz my lawyer didn't send my 2006 w2 and employers 2006 tax returns.
I am little bit worried that they are going to Consider 3 years degree in commerce from India....Please let me, who did your evalation.
Thanks for your help [QUOTE]Originally posted by sunil707:\
Yes it works for NSC too. ****** did evaluation for me (3 years degree in commerce from India)...
I applied in eb2 category got an RFE on 3 years degree problem.... contacted ******... very excellent evaluation from her (lots of documentation)... got approved under eb3...
Thanks ******...
Sunil
[This message was edited by Admin on June 07, 2006 at 11:27 AM.][/QUOTE] Posts:
1 | Registered: May 04, 2007 |
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suhanasafar Member |
posted
July 13, 2007 03:49 PM
  GNIIT is just a certificate course and not an accrediated university degree.
Only AICTE approved institutes offer degree in engineering, CS and CE.
you can equate any indian qualification from india using some she laa dancing kind of evaluator to please USCIS. Posts:
193 | Registered: April 17, 2007 |
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SmithaPatel Member |
posted
July 31, 2007 12:07 PM
  I have a 3 year Degree Bsc from India with over 10 years of experience. Filed EB2 labor substituion with Texas SSC on July 1st 2007. Doesn anyone know the success rate in a situation like me? Posts:
8 | Registered: July 30, 2007 |
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140stuck Member |
posted
August 03, 2007 12:31 PM
  I've 3yr degree + PGDCA(university)with 10 yrs of IT experience My labor is approved under PERM in EB2 but got RFE for 140 abt degree equiv...Responded to RFE waiting for response... Posts:
4 | Registered: August 03, 2007 |
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SmithaPatel Member |
posted
August 05, 2007 02:17 PM
  Hi 140 Struck,
Can you please let me know details about your 140?
what service centre? what is your education and experience requirements on labor?
Thanks in advance Posts:
8 | Registered: July 30, 2007 |
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SmithaPatel Member |
posted
August 06, 2007 10:55 AM
  140Struck,
Did you labor say the word Equivalent? What service centre? Posts:
8 | Registered: July 30, 2007 |
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140stuck Member |
posted
August 07, 2007 12:44 PM
  what service centre? ==> Nebraska what is your education and experience requirements on labor ==> BS or equivalent Posts:
4 | Registered: August 03, 2007 |
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sai07 Member |
posted
September 27, 2007 01:48 PM
  All GURUS,
Below is My situation :
My Labor said : Bachelors or Equivalent My Education : 3 yrs commerce degree from India + 2 yr MS( Inofmration systems ) from USA + 1 yr ( US diploma)..
Application sent to : NSC
Also with my 1-140 , i submitted a old education evaluation that was done before starting my masters program.
My question here is what are the chances of me getting a RFE ?? IS ANYONE IN MY SITUATION Thank You Posts:
8 | Registered: June 19, 2007 |
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Murthy Law Firm Attorney 15 Attorney |
posted
February 14, 2008 06:17 AM
  USCIS is taking a much harder stance regarding evaluations of any education and in particular the evaluation of a three year foreign degree to a four year USA degree. Posts:
1311 | Registered: July 16, 2004 |
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adhocusage Member |
posted
February 26, 2008 11:44 AM
  [QUOTE]Originally posted by p76: I have a 3 year degree + GNIIT Diploma Applied I140 TSC and got an RFE saying my credential evaluation was not right. I got my Education evaluation back in 2001 and they evaluated 3 year degree + GNIIT = US Bachelors Degree. After getting RFE i contacted lot of educ eval agencies for educ eval and no one was ready to show 3 year + GNIIT = US Bachelors. Finally i found in this forum about ************. Finally i have decided to do education evaluation by her. She did an excellent job in showing 3 year degree as equivalent to US Bachelors degree. My case got approved in EB2 (TSC).
Its a little expensive to get the education evaluation thru her but i think its worth it (atleast in my case it was worth it). She did an excellent job. The supporting documentation was also perfect. She gave me Course by course evaluation + Expert Opinion letter + supporting documentation (250 Pages). I have sent all the documentation provided and replied to RFE.
Please do your own research on 3 year degree. This is not an advt for ********. Each case is different and nobody guarantees if this edu eval works. It worked for me and i am sharing my experiences with you just to help. Please dont make me responsible if it doesnt work in your case. Each case is different and need to consult an experienced attorney before proceeding.
If you need more info let me know i can give my contact and we can discuss.
[This message was edited by Admin on August 28, 2007 at 07:34 AM.][/QUOTE]
[This message was edited by Admin on February 26, 2008 at 12:11 PM.] Posts:
68 | Registered: January 30, 2006 |
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Murthy Law Firm Attorney 15 Attorney |
posted
February 27, 2008 06:15 AM
  If an LC says the degree requirement is a Bachelor's degree without any qualifying language, and the sponsored person has a three year Bachelor's degree, USCIS will not automatically grant any classification, even as a skilled worker.
USCIS starts from the premise that a 3 year degree is not equal to a 4 year degree. The only limited exceptions to this may be when the U.S. Government and the country awarding the 3 year degree are parties to a binding agreement between them to recognize them as equal OR if the educational system is structured so that there is a 13th year of education before starting university.
The most important point to keep in mind regarding the issue of "education" and "degrees" is that this is a fluid and hot issue about which very few assumptions should be made. Careful consideration is always important. Posts:
1311 | Registered: July 16, 2004 |
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EndlessWait Member |
posted
February 27, 2008 10:26 AM
  Thanks Attorney_15.
I think LCA does have bachelors qualifying language:
8-B. Bachelors equivalent based on any suitable combination of education and work experience
Also I have given all relative information on LCA.
What do you think then category will be professional or skilled?
And what are chances of approval? Posts:
34 | Registered: December 24, 2006 |
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desperateindallas Member |
posted
April 29, 2008 03:34 AM
  Please, please, urgent! Can someone email me the name of the evaluation company referred to in the above discussion?
My email address is *********
Thank you in advance.
[This message was edited by Admin on April 29, 2008 at 07:19 AM.] Posts:
15 | Registered: November 16, 2005 |
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skec Member |
posted
May 02, 2008 02:20 PM
  easygoer,
may i know what was your education.. Posts:
45 | Registered: April 10, 2008 |
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rajas123 Member |
posted
May 16, 2008 12:54 PM
  Hope this helps
Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree 04 Mar Posted by: Michael Hammond in: H-1(b) News
The AAO, one of the Courts of Appeals in the immigration system, recently approved an EB2 I-140 for an individual with a full MS degree that had been attained following a 3 yr. Bachelor’s program. This is a major victory as the USCIS Service Center (particularly the Nebraska Service Center) had been issuing denials in such cases and had in fact, created their own policy, commonly referred to as the “6 year rule”, requiring that an individual have 6 years of education to gain EB2 approval when using the Masters degree standard. In the AAO decision, the Court ruled that if a credible education evaluator evaluates the Masters degree as the equivalent of a US Masters degree that the preceding education is not relevant. We praise the AAO for its decision striking down yet another, in a long line of Service Center policies that have no basis in any statute or regulation but, are simply overreaching examples of a bureaucracy run amok. It is not believed that there will be in effect on EB2 cases where the basis of the labor certification is a Bachelor’s plus 5 years of experience and the individual holds a 3 year bachelor’s degree. It should also be noted that the Service Centers routinely choose not to follow AAO decisions and your individual case may need to be litigated in order to achieve the desired result. Posts:
11 | Registered: May 13, 2008 |
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Admin Administrator |
posted
June 24, 2008 01:37 PM 
  OTHER RESOURCES: Keep yourself informed on the latest in the world of U.S. immigration law! Subscribe to the MurthyBulletin at http://www.murthy.com/signup.html for weekly articles on timely topics. Join others for the MurthyChat to get real-time answers from Attorney Sheela Murthy. The schedule for the next session is available at http://www.murthy.com/chat.html. Posts:
1291 | Registered: January 29, 2002 |
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msekhargc Member |
posted
July 03, 2008 01:20 PM
  please send me an email ********** with the company's name. I am also looking for an education evaluaton for my RFE.
Thanks, Sekhar
[This message was edited by Admin on July 03, 2008 at 01:50 PM.] Posts:
2 | Registered: June 23, 2008 |
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ssting59 Member |
posted
November 02, 2008 11:20 AM
  [QUOTE]Originally posted by easygoer: I am a Chartered Accountant form India. Have done CPA and CISA from USA. But ****** reviewed my CA equivalent to masters in USA(as one degree evaluation requires)and they accepted it.[/QUOTE]
That's Great! I am in a similar situation. I too am a Chartered Accountant from India with CISA. Is this evaluation done by *******?
[This message was edited by Admin on November 02, 2008 at 06:52 PM.] Posts:
2 | Registered: November 02, 2008 |
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easygoer Member |
posted
November 03, 2008 01:31 PM
  It was done by *********.
[This message was edited by Admin on January 09, 2009 at 09:27 AM.] Posts:
46 | Registered: October 24, 2007 |
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ssting59 Member |
posted
November 05, 2008 01:52 PM
  [QUOTE]Originally posted by easygoer: It was done by ***********.[/QUOTE]
Thanks easygoer, for the information. I sent my docs for pre-evaluation to Shiela. Can you please let me know what was your query, labor requirement and education?
[This message was edited by Admin on January 09, 2009 at 09:28 AM.] Posts:
2 | Registered: November 02, 2008 |
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devnaths Member |
posted
December 16, 2008 05:57 AM 
  Can you please provide the name of the education eval agency you suggested below - you can send me a PM.
Thanks, DS. [QUOTE]Originally posted by VGSri: Finally after extensive research I found an education eval agncy which is proven to work even with NSC RFE (As per my research NSC reportedly had more denials after RFE responses for people with 3 year foreign degree). Keep up your hope guys and try, ********.
[It is a violation of the terms of this forum to post the name of a company or individual offering services. It is also a violation to post any non-gov URL. -Admin]
[This message was edited by Admin on December 03, 2007 at 07:13 AM.][/QUOTE] Posts:
2 | Registered: December 16, 2008 |
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akela_topchi Member |
posted
January 15, 2009 10:11 AM
  sunil707 and others..
I have a similar RFE (3 year bachelors). Kindly let me know the name of the evaluators that can help me.
It will be great if you can email me the details at my ***** id which is same as my id on this forum.
Thanks a lot!!
AT Posts:
2 | Registered: July 22, 2007 |
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dulkar Member |
posted
February 16, 2009 06:10 AM 
  Hello p76, Can I know where did you got evaluated, I to got same RFE, any help will be greatful.
I can be reached at 10dulkars1@*****.com
Thanks,
dulkars
[QUOTE]Originally posted by p76: I have a 3 year degree + GNIIT Diploma Applied I140 TSC and got an RFE saying my credential evaluation was not right. I got my Education evaluation back in 2001 and they evaluated 3 year degree + GNIIT = US Bachelors Degree. After getting RFE i contacted lot of educ eval agencies for educ eval and no one was ready to show 3 year + GNIIT = US Bachelors. Finally i found in this forum about ************. Finally i have decided to do education evaluation by her. She did an excellent job in showing 3 year degree as equivalent to US Bachelors degree. My case got approved in EB2 (TSC).
Its a little expensive to get the education evaluation thru her but i think its worth it (atleast in my case it was worth it). She did an excellent job. The supporting documentation was also perfect. She gave me Course by course evaluation + Expert Opinion letter + supporting documentation (250 Pages). I have sent all the documentation provided and replied to RFE.
Please do your own research on 3 year degree. This is not an advt for ********. Each case is different and nobody guarantees if this edu eval works. It worked for me and i am sharing my experiences with you just to help. Please dont make me responsible if it doesnt work in your case. Each case is different and need to consult an experienced attorney before proceeding.
If you need more info let me know i can give my contact and we can discuss.
[This message was edited by Admin on August 28, 2007 at 07:34 AM.][/QUOTE] Posts:
1 | Registered: February 16, 2009 |
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