RFE on I-140, gurus please help

[sunnysunny]

Gurus,

I got following RFE on my I-140,

"The Master of Science Degree does not appear to be equivalent to U.S. Master Degree. Do NOT send an additional "education evaluations" that are mere advisory opinion. Submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only."

My EB2 labor was approved long time ago. I have Master Of Science with Physics from India. I got my education evaluation from some institute NY that my Masters is equivalent US masters.

Gurus can you help what kind of solution that I needed for this RFE. They are asking not to submit education evaluations.

How do I prove that bachelor and the master degree is U.S. equivalent based on educational records only?

Thanks
Sunny

[gc_chahiye]

Gurus,

I got following RFE on my I-140,

"The Master of Science Degree does not appear to be equivalent to U.S. Master Degree. Do NOT send an additional "education evaluations" that are mere advisory opinion. Submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only."

My EB2 labor was approved long time ago. I have Master Of Science with Physics from India. I got my education evaluation from some institute NY that my Masters is equivalent US masters.

Gurus can you help what kind of solution that I needed for this RFE. They are asking not to submit education evaluations.

How do I prove that bachelor and the master degree is U.S. equivalent based on educational records only?

Thanks
Sunny

is that evaluation a one-pager that also gets submitted with H1B? If so, you need a big detailed evaluation that goes over how many hours of coursework you did etc and how that adds up a US masters (similar subjects, similar number of hours etc)

[Canadian_Dream]

Let me take a shot at it. They are not looking for equivalence in the degree otherwise educational evaluation would have suffice. What they are looking for perhaps is that the requirement for your Master's Degree in Physics is same as the requirement for a similar degree in US. This is how I would proceed:

1. If you have 3 years Bachelor's degree, some of your master's level credits will be used up to bring you to US Bachelor's Degree equivalent. From my past experience this takes away at least one year worth of post baccalaureate credits.

2. Now you take the second year's credit (if it is a two years Master's Program) and list them one by one and compare it with requirement for Master's degree in US. I think it US requirement is typically 30-33 semester level credits in Physics related subjects only. If you have 30-33 post baccalaureate semester level credits in Physics you should be fine. Also you also need to provide evidence that the Master's courses that you have taken are equivalent to Master's courses in Physics, for that I guess you need to furnish documents from a competent authority declaring course by course equivalence.

[Canadian_Dream]

That's a valid point. If course by course evaluation is not submitted, that's what they are looking for now.

is that evaluation a one-pager that also gets submitted with H1B? If so, you need a big detailed evaluation that goes over how many hours of coursework you did etc and how that adds up a US masters (similar subjects, similar number of hours etc)

[apb]

I had initially EB3 worked for 6 years and got laidoff. Then I got approved EB2 labor and filed again. It had a requirement of Masters or BS with 5 years exp.
I have B.Tech(IIT-D), MBA (Delhi) and YET they said that my degrees are not equivalent, since the labor said MS (computer science) and I had B.Tech (chemical) and MBA in Finance and Systems.
But I had US exp of 6 years by then. USCIS said NO MORE degree evaluation but submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only. They completely ignored the other exp clause on labor which mentions BS + 5 years.
My lawyer had to resubmit the evidence which she got it made especially from her source with specific mention of the courses Maths/Physics/Computers Science and its equivalence. Since you have MS in Physics there must be enough course that you would have taken in Math/Physics.
Hope this helps. Also check whether your labor is purely MS based or BS + x years exp. My lawyer said If it is second, then in that case if the evidence gets rejected she can still get it approved from higher authorities.

[Canadian_Dream]

So you got it approved as BS + 5 as opposed to Master's ?
Does the Master's and Bachelor degree requirement in labor says it should be in (specific) Engineering/Maths or any Bachelor/Master's Degree ?


I had initially EB3 worked for 6 years and got laidoff. Then I got approved EB2 labor and filed again. It had a requirement of Masters or BS with 5 years exp.
I have B.Tech(IIT-D), MBA (Delhi) and YET they said that my degrees are not equivalent, since the labor said MS (computer science) and I had B.Tech (chemical) and MBA in Finance and Systems.
But I had US exp of 6 years by then. USCIS said NO MORE degree evaluation but submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only. They completely ignored the other exp clause on labor which mentions BS + 5 years.
My lawyer had to resubmit the evidence which she got it made especially from her source with specific mention of the courses Maths/Physics/Computers Science and its equivalence. Since you have MS in Physics there must be enough course that you would have taken in Math/Physics.
Hope this helps. Also check whether your labor is purely MS based or BS + x years exp. My lawyer said If it is second, then in that case if the evidence gets rejected she can still get it approved from higher authorities.

[quizzer]

Gurus,

I got following RFE on my I-140,

"The Master of Science Degree does not appear to be equivalent to U.S. Master Degree. Do NOT send an additional "education evaluations" that are mere advisory opinion. Submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only."

My EB2 labor was approved long time ago. I have Master Of Science with Physics from India. I got my education evaluation from some institute NY that my Masters is equivalent US masters.

Gurus can you help what kind of solution that I needed for this RFE. They are asking not to submit education evaluations.

How do I prove that bachelor and the master degree is U.S. equivalent based on educational records only?

Thanks
Sunny

Can you tell me your I140 receipt date and service center?

[apb]

So you got it approved as BS + 5 as opposed to Master's ?
Does the Master's and Bachelor degree requirement in labor says it should be in (specific) Engineering/Maths or any Bachelor/Master's Degree ?

No Got it approved showing equivalence to Masters. the requirement said Masters in CS/Math.

[sunnysunny]

"apb" thanks for the reply. Can you please let me know what kind of evidence that lawyer has submitted?

[apb]

Course details/credits and its corresponding equivalence with US credits.
It was very detailed and required approx 9 pages.

[iqube00]

Is your case filed in Nebraska?

I have a 3 year Bachelors degree + a 1 year diploma and my labor was approved in EB3, but my I-140 got denied saying my Bachelors here is not equivalent to a US Bachelor's. I did a lot of reasearch afterwards and found out that no matter what I do Nebraska is not going to approve my case. My lawyer suggested that we refile my labor stating that an equivalent education is accepted. I had to restart the whole process again. I guess you can try all means of replying to RFE. If that works out great otherwise think on the lines of refiling my labor to suit the educational requirements you have. Good luck.

If you have any questions I will be glad answer those. I feel your pain. Good luck.

[arunsush]

Had a similar exp. I have a 5 -year integrated MSc from IIT and got an RFE.
Had to do a course-by-course evaluation and it went through.

This was in NSC and was a EB2 case.

[apb]

.. Maybe it is a pattern??

[Rajwaitingon140]

iqube00

What was your Labor Advertisement requirement was?

Can you focus light on my case...

My Labor was approved....under EB3 category

Job requirement
Bachelor Degree or Foreign Equivlant...
Experience 3 years
Training N/A

I have 3 years Bachelor + 2 years of Diploma and more than 5 years of exprience...do you think my I-140 will get approve?

Please guys put some lights ...after seeing this many case I am getting scared....

Thank you
RajWaitingon140
I-140 applied in Dec'2006 @ NSC and in process


Is your case filed in Nebraska?

I have a 3 year Bachelors degree + a 1 year diploma and my labor was approved in EB3, but my I-140 got denied saying my Bachelors here is not equivalent to a US Bachelor's. I did a lot of reasearch afterwards and found out that no matter what I do Nebraska is not going to approve my case. My lawyer suggested that we refile my labor stating that an equivalent education is accepted. I had to restart the whole process again. I guess you can try all means of replying to RFE. If that works out great otherwise think on the lines of refiling my labor to suit the educational requirements you have. Good luck.

If you have any questions I will be glad answer those. I feel your pain. Good luck.

[H1B2GC]

I'm sorry to hear you got into the hands of well known NSC, they are known to take away your peace.

Think you have a Master Degree and lots of experience; finding a job will be simple, what are you doing in here where there is no future. I know you have wasted time and $ in USCIS decision wait, SCREW them up in a "same or similar" classification before you leave.

These are loosers, they can't provide justice to anyone.

[MunnaBhai]

It's all matter of words. If your job reqs IN LC has Bachelor Degree or Equivalent, then you should be ok, otherwise it's going to be an issue with NSC.

-MB


iqube00

What was your Labor Advertisement requirement was?

Can you focus light on my case...

My Labor was approved....under EB3 category

Job requirement
Bachelor Degree or Foreign Equivlant...
Experience 3 years
Training N/A

I have 3 years Bachelor + 2 years of Diploma and more than 5 years of exprience...do you think my I-140 will get approve?

Please guys put some lights ...after seeing this many case I am getting scared....

Thank you
RajWaitingon140
I-140 applied in Dec'2006 @ NSC and in process

[Rajwaitingon140]

This is the exact wording is used in LC column 14

Bachelor Degree or Foreign Equivlant...

Please MB reply to this ....

Many Thanks
RajWaitingon140

It's all matter of words. If your job reqs IN LC has Bachelor Degree or Equivalent, then you should be ok, otherwise it's going to be an issue with NSC.

-MB

[Canadian_Dream]

It is laughable that they are questioning the Master equivalence of IIT Integrated MSc/MTech. You should have sent them the CBS-60 mins CD and the Text of HR 227.

The US House of Representatives passed HR 227 on April 26, recognizing that the Indian-American community and the graduates of the Indian Institutes of Technology (IIT) in the United States have made valuable and significant contributions to society in every profession and discipline.


Had a similar exp. I have a 5 -year integrated MSc from IIT and got an RFE.
Had to do a course-by-course evaluation and it went through.

This was in NSC and was a EB2 case.

[abkrish]

Hi Sunnysunny,

I am also in the same shoes as yours. As you mentioned, your IIT Intg. Masters was in Physics! To which *subject* US masters does your LC shows? Is it in Computer Science US Masters?

Regards!

[Lasantha]

Sunny,
Try Sheila Danzig. She provided me with a very comprehensive credential evaluation and an expert opinion letter. My I-140 was approved from TSC last June based on that. She is a little expensive but she does a very thorough evaluation.
Lasantha

[grupak]

Hi,

Since the RFE mentions "preponderance of evidence" of evidence, you could try taking the course description of a few top schools and compare with the course description from your home institute. Getting the official course description from US universities is easy. These are printed on official booklets. Get a hard copy. Try to get the official course descriptions from India also.

In physics, they cover the same basic stuff. Moreover, the textbooks they use in India might be one of the Berkeley series in Mechanics, E&M, etc. So, you can use that also to prove your case. Point out that you not only cover the same material, even use the same textbooks as US universities.

Disclaimer: Not a lawyer just personal opinion. Get legal help.