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  #1 (permalink)  
Old 06-18-2008, 10:49 PM
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Priority Date
:
Jul-07
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:
EB2
I140 Mailed Date
:
08/10/2007
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:
India
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I-140+I-485
I485 Mailed Date
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Default Eb2 Master Degree Requirements

Hi
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.

140 filed under EB2.

I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.

I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.

Pls throw in some light.

Last edited by bestin; 06-18-2008 at 10:57 PM.
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  #2 (permalink)  
Old 06-18-2008, 11:54 PM
Senior Member
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Jun-06
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I140 Mailed Date
:
01/26/2007
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:
07/02/2007
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Default Check the advertisement

Bachelors+5yrs is also fine for EB2----- As per my lawyer at the time of my filing....EB2 requires either MS or BS+yrs.....

I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....

If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......

Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
Thanks....
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  #3 (permalink)  
Old 06-19-2008, 12:15 AM
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:
Jul-07
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:
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:
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:
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Default

Thanks Guys.This was what me and my attorney were thinking.The reason why the officer asks my advanced degree is misleading inspite of the fact that my labor (as well as advt)was for bachelors +5 years experience and didnt mention anything about advanced degree.

To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.

Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.

BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?

Last edited by bestin; 06-19-2008 at 12:18 AM.
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  #4 (permalink)  
Old 06-19-2008, 01:15 PM
Donor
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:
Dec-07
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:
EB2
I140 Mailed Date
:
05/12/2008
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:
India
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I-140
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Default

I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)
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Last edited by add78; 06-19-2008 at 01:20 PM.
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  #5 (permalink)  
Old 06-19-2008, 03:46 PM
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Default

Quote:
Originally Posted by add78 View Post
I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)
Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.
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  #6 (permalink)  
Old 06-19-2008, 04:08 PM
Donor
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:
Dec-07
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:
EB2
I140 Mailed Date
:
05/12/2008
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:
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:
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Default

yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.
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We are each one of you, but we are for all of you.
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  #7 (permalink)  
Old 06-19-2008, 04:38 PM
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:
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Default

Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

My labor didnt mention Masters either.


http://law.justia.com/us/cfr/title08...2.8.0.1.5.html



(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
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  #8 (permalink)  
Old 10-21-2008, 11:40 PM
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:
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Default

140 APPROVED.

In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


Good luck to all waiting for approval.
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  #9 (permalink)  
Old 10-22-2008, 12:54 AM
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:
Oct-05
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Default

Quote:
Originally Posted by bestin View Post
140 APPROVED.

In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
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  #10 (permalink)  
Old 10-22-2008, 12:59 AM
Banned
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:
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:
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Default

Quote:
Originally Posted by javadeveloper View Post
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
Currently mine is less than what is approved in labor.In the second RFE they asked to prove A2P since the time i filed 140.
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