Question of Major\Primary Field of Study

[bandhara]

I was reviewing my I129 application and found an issue with the “Major/Primary field of study”. I have “Bachelor of Engineering degree in Mechanical Engineering” but the petition mentions “Bachelor of Science in Computer Information Systems and Engineering” degree. When I spoke to my company's attorney they say they have mentioned this from my academic evaluation report which considers my Software experience. But the I129 instructin document says "Use the beneficiary's degree transcripts to determine the primary field of study. DO NOT consider the work experience to determine the beneficiary's major education level".

LCA says bachelor of engineering in any discipline + 3 years of software experience. I have more than 8 year of software experience prior to joining this company.

Is it going to be an issue? Do I need amendment? My H1 extension is already approved.

[JoeF]

This needs to be corrected. The company should hire an immigration lawyer.

[bandhara]

Thanks JoeF for your comment.

Company discussed the issue with the Company's immigration attorney and below is the response I have received.

"Essentially, in order to qualify for an H-1B individuals must possess the equivalent of a U.S. Bachelor’s degree – this can be based on education, or education and experience. Though the instructions indicate otherwise the entire point of listing the ‘educational equivalency’ is to show that the person qualifies based on the evaluation (i.e. the actual foreign degree on its own would not be accepted as a valid educational document for H-1B purposes). We haven’t received any reports of this creating problems at the consulate from our client."

Please guide.