I-140 EB2 can be denied if education is BCA(3Yrs) + PGDBM (Computers - 3yrs) ?

[UCSharma80]

Hi All,

My company has started the process of GC for me and for that I sent all my educational and experience documents to attorney.

After reviewing those document attorney revert with the following remarks:

As you know, we are proceeding with your PERM case with Company. I understand you want to apply for PERM under EB2 because your job requires at least BS+5 years of experience. EB2 requires MS+0 or BS+5 as the minimum requirement for the position based on a 1:1 degree equivalency.

You have an Post graduate Diploma in Business Management received on Feb 20, 2010 and a Bachelor in Computer Applications received in June 2003. We received the following information from the educational evaluator regarding the equivalencies of your degrees to U.S. degrees:

"The Bachelor of Computer Applications degree is only equivalent to three years of university-level credit in the United States. However, the Post Graduate Diploma in Business Management would be equivalent to a master’s degree in management in the United States. We cannot combine the degrees because they are in different fields. So, we would not be able to reach a bachelor’s degree equivalency, but the PGD in Business Management would be equivalent to a master’s degree but not supported by EDGE. "

For green card purposes, we cannot combine degrees to get US equivalency. The degree must be a 1:1 comparison. Therefore, we cannot proceed forward with BS+5 for your PERM job as you do not have a the equivalent of a BS degree in the U.S. However, your PGD is equivalent to an MS in the US so we can proceed with EB2 if MS in management and ? years of experience is also required for your PERM position. NOTE: if USCIS does not believe your PGD alone is equivalent to an MS degree in the US, your I-140 would be denied under EB2

As USCIS EDGE Doesn't support the PGDBM is there any way which i can use to prove to USCIS that my PGDBM is equivalent ?

Does anyone else had this case earlier and clear that with EB2 ?

What are the chances that I will be getting an RFE and case denial ?

My PGDBM is from IMT Ghaziabad, course duration 3yrs and specialization was in Systems which includes the computer science subjects.

I have in total more than 6+Years of experience after my bachelors.

I really appreciate your help in this case.

[UCSharma80]

Can any attorney from Murthy Law firm help on this ??

If required I can make an appointment also to discuss this further.

[schintala]

I agree with your attorney comments.