1-140 Premium Processing, recd: NOID for Equivalency of US Bachelor

[GSP101]

Hello

Please advise me on following situation.

I-140 filed in July-2012, under EB3 - Skilled Worker. I have Indian B.Com + Chartered Accountant degree. Applied for Premium Processing and received NOTICE OF INTENT TO DENY for following reason.

Quote

The degree that the beneficiary (me) holds is only a three year degree. The USCIS does not consider a foreign three year degree to be equivalent of four year bachelor's degree. USCIS also does not except certificates or diplomas in place of a four year bachelor's degree. Furthermore, USCIS can not take the academic credential evaluation submitted by the beneficiary from "xxxxxx" Evaluation Services as proof of a U.S equivalent bachelor's degree.

Unquote

AACRAO EDGE Database confirms Indian C.A. Membership Certificate itself is equivalent of a four year US Bachelors. We submitted CA Final Exams Certificates and an evaluation that included a reference to EDGE Database shows "Associate Membership of Chartered Accountant of India" is equivalent to four year US bachelors. However, USCIS is not placing weight on this evaluation. What can be the reason ?

Further, is it a problem if labor certification (ETA-9089) shows experience required for the position is 6 months and EB3 - Skilled worker category requires at least 2 years of experience. This means the job position certified has lesser experience requirement than 2 years exp.

Please advise what should we do on reply to the NOID. We have 20 days to reply.

[GSP101]

Experts and Attorneys, can some one comment and advise ?

[avi_in_Us]

From where you get the initial evaluation done?