I140 and 3 year degree

[himanshukesar]

First of all thank you for reading into this. Here is my situation:

Completed 3 year B.Com from Delhi University from 2001-2004 II DV

Completed GNIIT from NIIT from 2001 - 2005

Started working from Aug 2003 till June 2007 in INDIA in IT

US Work Exp - June 2007 - present in IT

I suspect that once I reach to I140 filing I will get a denial or RFE based on 3 year degree to not Eqv. to US 4 year Bach degree.

What do you think in your opinion I should do? Process hasn't started yet not even PERM but I was searching online and saw this problem similar to my situation..

Please help.

[IneedAllGreen]

Your doubt is correct about I-140 denial. After reading your information looks it like you should file your PERM case in EB3 case. Here is the reason

1) You did not attended 4 years of Bachelor's degree from India so even though you prove from your education equivalent certificate there are 100 %(sorry but it has been happening around here) chances that USCIS(Nebraska or Texas Centers) will reject your I-140. This is because your degree is not a 4 years degree course (GNIIT or B.COm from India) or its equivalent.

2) USCIS has been really strict on guidelines to accepting degree requirement for EB2 cases. I am talking especially about combination of degree. In your case it looks like your attorney will advice the same. In your USCIS can argue that BCOM + GNIIT is a combined degree and last institute(i.e.NIIT) is not college/universtity to give/confer degree to a student. There are thousands cases has been rejected in I-140 petition and appeal process who has cases similar to your.

I am writting above information based on my experience and knowledge that I gained from own case. In your case you should go for EB3 case to save your time and energy instead of EB2 PERM case.

Good luck for your PERM and rest Green Card process filling..Just keep patience and keep your knowledge up to date on what is going on in immigration front.

Thanks

IneedAllGreen

[himanshukesar]

Dear "INeedAllGreen", I like your name :):)

I apologies for replying late. Actually I was not notified when you replied to my post and just logged in today.

Anyways thanks for your response. I think lawyer has started my PERM process under EB3 category but I do not know which sub category he is using.

- Also I am little concerned about 3 year degree issue so are there any specific words he needs to write in the job description and in PERM.

- My H1b sixth year is expiring in Sep 2013 and he has not even file my PERM yet, so based on your experience you think I have good amount of time to get to Step 2 before the H!b visa expires.

Again thanks for your time to looking in to this.