Education evaluation found wrong before filing PERM


Cool USA 2016

Recommended Posts

Hi,
I am in dilemma regarding my PERM application stage.
My background details:
My qualifications:
1) Masters in mechanical Design: "A" University in UK (Ranked: under 25 worldwide), Collage Studied: "B" Collage in India (Ranked Under 30 in India)
2) Diploma in Mechanical Engineering: "C" Collage in India. Not recognized by Indian Govt, but have affliation by many Indian Universities (like Karnataka University, Punjab university,Kerala University etc etc.). Collage certificate is recognized by many universities in Australia, Canada,Thailand, Malasia and 
Experience: 10+ years in Mechanical engineering
Current visa status: H1B (3.5 completed)

My GC process is in initial status and my employer told I will be in EB2 category based on my experience and qualifications.

Now I am currently in my initial PERM application status. My education evaluation,Prevailing Wage determination, and Job Advt steps completed. Now need tosign ETA 9098 form.
My attorney provided me ETA 9098 for employee signature. So when I went thru that form, I found that, the qualification required for that posted job advt is High school and institution address mentioned is my high school address.
This raised some doubts, so I asked my attorney which category (EB2/EB3) they are going file my case. He informed me that it will be EB3. The reason he told me that when education evaluation did, the agency informed that my master's University A is accredited where as collage B is not.
Also Diploma collage C is non accredited. Attorney raised concerns like completing MS without a Bachelor's degree. (Requirement for MS admission was Diploma+min 4 years of Industrial experience)
So based on those attorney decided to go ahead with EB3 and according to that he posted the job posting which require Highschool Diploma as minimum qualification.

So when I checked online, my MS collage name changed 5 months back and that became a university with new name. I doubt because of that the evaluation agency couldnt find during evaluation time.There are many of my batchmates with same experience who did the same diploma and same MS, considered under EB2 and their I140 approved (3 people approved and 4 people filed PERM)

My options are now,
1) Can I ask to attorney/employer to reevaluate the education? If they agree, I need to go again the process (Education evaluation+PWD determination+Job advt+cooling off period-----all together 7 months)?
2) OR I can go ahead with PERM filing with EB3 (so that my PD will be sooner) and later port EB3 to EB2 after I140 approval. I found porting EB3 to EB2 is difficult with same employer since job description and position need to change in good amount (So I can switch job after some years and do the porting with them)


Out of above options, please suggest me which will be beneficial for me.

Raj

Link to comment

Archived

This topic is now archived and is closed to further replies.