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rajubuthi
08-17-2010, 12:42 PM
Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju

ArkBird
08-17-2010, 12:56 PM
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.



Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju

ivgclive
08-17-2010, 01:02 PM
EB2 or EB3?


Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelorís degree in Computer Science plus 5 years experience; 3 year Bachelorís degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju

thomachan72
08-17-2010, 01:34 PM
EB2 or EB3?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?

snathan
08-17-2010, 01:35 PM
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.

There is a little chance if you had 3+2 years degree and the labor was looking for Bachelorís and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.

rajubuthi
08-17-2010, 01:38 PM
This was filed under EB2

rajubuthi
08-17-2010, 01:48 PM
This was filed under EB2..

PERM went smooth without any audit.. and also There is no RFE for I-140. My company just received a denial letter..

thomachan72
08-17-2010, 02:06 PM
What does your attorney say? He/she should have had some idea when they filed under EB2. The attorney should clearly not take a risk regarding educational requirements. Maybe you will have to do the MTR and submit better evaulation (if you feel the degree and experience are suitable). Best

ArkBird
08-17-2010, 02:21 PM
There is a little chance if you had 3+2 years degree and the labor was looking for Bachelor’s and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.

It was PGDST from NCST, Mumbai and will all due respect to other institutes, this is one of the toughest, intense and testing PG courses in Software in Mumbai.

dealsnet
08-17-2010, 02:43 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.

thomachan72
08-17-2010, 03:06 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.

Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:

dealsnet
08-17-2010, 04:35 PM
This case is pending with AAO from Nov. 2009.
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).

Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:

ArkBird
08-17-2010, 05:37 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.

Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.

gc28262
08-17-2010, 06:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.

The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

As per INA/USCIS, many of the following won't qualify for EB2:

CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)

ArkBird
08-17-2010, 07:42 PM
Oh well... No one ever said life is fair! :)

The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

As per INA/USCIS, many of the following won't qualify for EB2:

CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)

rajubuthi
08-17-2010, 09:07 PM
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".

Reasons:

- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)

These are related to the Education for 3 yrs degree..

- What is the next step ?
- What is the chance of a positive result?

Thank you,

Regds,
Raju

dealsnet
08-18-2010, 10:53 AM
Try EB3. Don't spend time and money for EB2 with 3 year degree.
It is waste. You will learn this in a hard way.

Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".

Reasons:

- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)

These are related to the Education for 3 yrs degree..

- What is the next step ?
- What is the chance of a positive result?

Thank you,

Regds,
Raju

nrk
08-18-2010, 11:19 AM
There might be very few cases 3 years degree approved in EB2 category. Try in EB3.
If you don't care about money try one application in EB3 then try to port it to EB2.

Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".

Reasons:

- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)

These are related to the Education for 3 yrs degree..

- What is the next step ?
- What is the chance of a positive result?

Thank you,

Regds,
Raju

dealsnet
08-18-2010, 11:35 AM
Few years ago, USCIS did approved EB2 with 3 year degrees.
But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
Check thier website www.aacrao.org
There might be very few cases 3 years degree approved in EB2 category. Try in EB3.
If you don't care about money try one application in EB3 then try to port it to EB2.

veereddy
08-18-2010, 11:56 AM
Few years ago, USCIS did approved EB2 with 3 year degrees.
But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
Check thier website AACRAO - American Association of Collegiate Registrars & Admissions Officers (http://www.aacrao.org)

Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?

dealsnet
08-18-2010, 01:14 PM
It is not a free service. One year subscription is $495.
USCIS mentioned about it in every one's denial letter (denied for education), but common people need to pay that amount to see the details. It is not justified, if people don't know what USCIS is referring into. All big lawyers have its subscription. So they guide their clients in a proper way. OP's lawyer screwed him to file in EB2. Even EB3 also difficult, if the advt. is for a US equivalent degree requirement. May be put advt. for a associate degree or non-degree positions with some college studies. For EB3 candidates did not require a degree, if the position advt. says so. But prepare for a tons of applications for that position.

TWO MORONS GAVE ME RED FOR MY POST. I AM GIVING SOME ADVICE TO HELP THE COMMUNITY HERE. I HAVE GOT MY GC MORE THAN 2 YEARS AGO. MOST PROPLE DIDN'T VISIT IV AFTER THEIR GC. I AM HERE TO GIVE MY AND MY FRIEND'S EXPERIENCE, LEARNED IN A HARD WAY. I DIDN'T GAIN ANYTHING FROM HERE.

Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?

javadeveloper
08-18-2010, 01:46 PM
How about this education for EB2

10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education

+

8 Years IT Experiance

dealsnet
08-18-2010, 02:33 PM
This case is must be handled by an experienced lawyer.
Contact Murthy or other reputed lawyers.

How about this education for EB2

10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education

+

8 Years IT Experiance

vactorboy29
08-18-2010, 03:29 PM
How about this education for EB2

10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education

+

8 Years IT Experiance

I have same education only difference is Mechanical engineering.My 140 was approved in EB2.

javadeveloper
08-18-2010, 06:27 PM
Thanks for the responses.I don't know how they managed but some of my friends got approvals in EB2.

GotFreedom?
08-18-2010, 09:42 PM
Sorry to hear about the denial bro. 3 yrs + PG Diploma stands no chance getting an EB2 approval regardless of your experience. It sucks bad but its the bitter truth. In my honest opinion please do not waste time and money on lawyers in continuing to pursue that case. You should be able to verify this in so many other threads discussing this topic from people's personal experiences.

Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
I feel for you man and good luck!!