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  #1 (permalink)  
Old 11-30-2008, 08:25 PM
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Eagle is on a distinguished road
Default 3 year degree + MBA, EB2 I140 declined

Hi,

I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
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  #2 (permalink)  
Old 12-01-2008, 02:03 AM
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Quote:
Originally Posted by Eagle View Post
Hi,

I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.

Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?

Good luck!
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  #3 (permalink)  
Old 12-01-2008, 05:50 PM
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Default

Thanks Santa for your reply.

I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

Please advice if I need to do something different this time.

Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
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  #4 (permalink)  
Old 12-01-2008, 08:39 PM
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Quote:
Originally Posted by Eagle View Post
Thanks Santa for your reply.

I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

Please advice if I need to do something different this time.

Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html

Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

Good luck!
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  #5 (permalink)  
Old 12-01-2008, 08:53 PM
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Quote:
Originally Posted by santa123 View Post
Here is the link:
..
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
...
Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...
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  #6 (permalink)  
Old 12-01-2008, 10:21 PM
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Default

Santa,

Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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  #7 (permalink)  
Old 12-01-2008, 10:52 PM
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Default

Quote:
Originally Posted by Eagle View Post
Santa,

Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
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  #8 (permalink)  
Old 12-02-2008, 11:24 AM
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Default Just get it evaluated!

Quote:
Originally Posted by Eagle View Post
Santa,

Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

My suggestion to you is to get your Bachelors also evaluated. Whether it requires for job or not but you need to demonstrate at least 16 years of education. So, you need to get evaluated how each degree you possess equivalent to US qualifications.
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  #9 (permalink)  
Old 12-02-2008, 05:54 PM
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Default

Quote:
Originally Posted by Eagle View Post
Hi,

I have a three year bachelor degree + MBA from India with 9 years of experience. My labor
...
Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
This is not good. Either USCIS is doing a terrible job or you gotta change lawyer!
__________________
I am not a lawyer. Above information is only reflecting my knowledge visiting forums and talking to people and their experience.

RD: 6/7/07, ND: 6/19/07, FP: 7/21/07
485 LUDs: 7/23, 7/24 & 7/28
EAD Approved: 9/12
AP Approved : 9/24
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  #10 (permalink)  
Old 12-02-2008, 06:50 PM
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Default

I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.

If your attorney is planning that way, he may not have handled such cases before...

You cannot substitute degree with experience while applying for Perm/I140.

Quote:
Originally Posted by Eagle View Post

... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...
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  #11 (permalink)  
Old 12-03-2008, 12:52 PM
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Default Only single degree considered

Quote:
Originally Posted by whiteStallion View Post
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.

If your attorney is planning that way, he may not have handled such cases before...

You cannot substitute degree with experience while applying for Perm/I140.
WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved
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  #12 (permalink)  
Old 12-03-2008, 06:30 PM
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Default please submit a new education evaluation

Hi,

You need to submit a new education evaluation.

I had also received an RFE.

An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided

For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.

Thanks
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  #13 (permalink)  
Old 12-04-2008, 11:49 AM
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Default work experience

EB2 cannot combine education or work experience. It must show a single source degree.

Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "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"

This can be done for EB3 IF it was stated on the labor certificate.



Quote:
Originally Posted by Eagle View Post
Santa,

Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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  #14 (permalink)  
Old 12-04-2008, 11:59 AM
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Default Full credit to Sheila

Quote:
Originally Posted by Sheila Danzig View Post
Depending on the education requirement on the labor certificate and how the lawyer responds and how your evaluatoin is done, you could have an excellent chance. I am an evaluator and we have had most MTR's approved with a 3+2 or 3+3. There is a good deal of documentation on your side. I will be happy to examine your documents if you have not yet filed and do a no charge analysis. Anyone with an RFE or Denial based on education can go to www.cciFree.com/ and fill it out and send all of the documents.

Or feel free to email me.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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  #15 (permalink)  
Old 12-04-2008, 02:17 PM
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Default Eb2 / Eb3

was it EB2 or EB3?

Quote:
Originally Posted by easygoer View Post
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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