I-140 EB2 Denied (3 + 2 Master Education)

[prasdon]

Hi,

My I-140 got denied on Dec 15 2010 and My H1 is getting expired on Sep8 2011.

Reason for I-140 denied is due to 3(B.sc) + 2(M.sc) India Master Degree which is not Equal to US Master's Degree. I also have 7+ Yrs of Experience before i took up this job in which i have 2 yrs till date.

As my 6 yr Term H1 is getting Expired on Sep 8 2011 what are the chances & success rate for me if i file an APPEAL or MTR. Please mind my H1 Extension is getting Closer and i can file for extension only after March 8th 2011.

[pending485help]

It's sad to hear about deniel. I am in same boat applying labor in EB2 with BSC(3) and M.sc(2).

Can you please provide

1) How many year exp. you had before joining sponsoring company?

2) What is the minimum education mentioned in the ad?

I am still in dilama to apply or not.

[prasdon]

1. I have 7+ yrs Expirience prior joining the company.

2. Minimum Education is Master's.

[dbr369]

I was in same situation, but my lawyer evaluated my 2 years MSC degree equal to US bachelore degree, so applied under graduation + 5 years exp.

You had an option in labor application(Recheck).

that is qualification as Masters or Bachelores with 5 years exp. if both options are checked then you will be quelified for graduate + 5 years when they are not agrreing your MSC as masters.

Now Labor is taking just 1 month and I140 premium is taking just 1 week, so last chance is to try Bachelore with 5 years exp. refile labor and then I140

[infolak]

prasdon - have you filed your EB2 in this category

--------------------

3yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category

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thanks

[pending485help]

I am planning to apply with bachelors with 5 years of experience.

Did you get labor and 140 approval if you send bachelors equalent evaluation? Is your 140 approved in NSC or TSC?

[Maxine]

USCIS is becoming extremely strick with EB2 requirements. You have to have an MS or BS with 5 yrs. BS has to be from a single source and you cannot combine 3 +2 degrees. I also have a 3+2 degree and refiled in EB3 as thats what my attorney advised.

[prasdon]

Thanks all for your replies.

Dear dbr369,

I checked my PERM and these are the combinations i have.

PART H:

*******

8. Alternate Combination of Education: NO

8A. Alternate Level of Education : NA

9. Foreign Education Equivalent : YES

10. Experience an Alternate Occupation acceptable : YES

10A. If Yes, Number of months Experience in alternate occupation : 24

I have 7+ Yrs Progressive expirence prior joining Sponsoring Company.

[infolak]

prasdon, what is ur service center ?

[prasdon]

Nebraska

[txaos]

I am also in same situation.

recently, I got EB2 PERM approval with GC sponsoring company.

PART H:

*******

4. Bachelor's

6. Is experience Required : YES

6A. 60

8. Alternate Combination of Education: NO

8A. Alternate Level of Education : NA

9. Foreign Education Equivalent : YES

10. Experience an Alternate Occupation acceptable : YES

10A. If Yes, Number of months Experience in alternate occupation : 60

14. Applicants with suitable combination of education, training or experience will be acceptable.

I have 3(B.sc) + 2(M.sc) India and 9+ Yrs experience before joining sponsoring Company.

I am planning to file I-140 (premium processing) by next week.

Lawyer said that he will file I-140 with equivalent evaluation.

I am seeking some guidance or information and hope someone is in a similar position who can advise on my case.

Thanks

[pending485help]

to txaos:

Have you filed your I140 this week? NSC or TSC?

[txaos]

to pending485help:

My lawer is still working on the documentation.He will file in TSC.

[vidjay2001]

Originally posted by txaos:

to pending485help:

My lawer is still working on the documentation.He will file in TSC.

Hello txcos

Can you update yuor status. did you get through with I-140 under EB2?

I also have B.com and M.com but my EB2 denied recently.

Thanks

Vijay