I-140 Issue due to field of study

[bathina80@gmail.com]

Hello, 

 

I have a bachelors degree(4 yrs of study) in pharmacy which is equivalent to US bachelors of science in pharmacy and have 6 years of IT experience. My employer filed a PERM in EB3 (Professional) category with the following job description and used education equivalent certificate based on my 6 yrs of work experience to show I have bachelors degree equivalent in Computer Science to qualify for this PERM. My PERM got approved and I-140 was filed two months ago.

 

Lately, my employer notified me that he suspect my I-140 may run into issues with USCIS as the PERM application did not mention pharmacy degree, as one of the acceptable disciplines for PERM position.

 

PERM job Requirements:

 

Must have Bachelor’s Degree in Computer Science, Engineering or related

 

(Such as Mechanical Engineering, Electronics Engineering, or Information

 

Technology) (will accept foreign equivalent or educational equivalency

 

Prepared by qualified evaluation service or in accordance with 8 CFR

 

§214.2(h)(4)(iii)(D)).

 

1) Education: minimum level required: Bachelors.

 

2) Is training required in the job opportunity? – No

 

3) Is experience in the job offered required for the job? – No

 

4) Is there an alternate field of study that is acceptable?- No

 

5) Is there an alternate combination of education and experience that is acceptable? – No

 

6) Is a foreign educational equivalent acceptable?- Yes

 

My queries:

1) If I receive, I-140 denial based on field of study then, what are my options to re-file I-140 or appeal ?

 

2) Can i request my employer to re-file my I-140 in EB3-Skilled worker category using the same PERM ?.

 

3) If my employer decides to file new PERM, Can my employer mention bachelors in pharmacy as required field of study for software engineer position on my PERM.? Does USCIS accept it?.

 

Please advice.

[jairichi]

First if you hold a H1B then that petition itself has been approved in error if your educational qualifications does not match your H1B profession.

1. Nothing can be done. Read the top statement

2. Refer 1.

3. Refer 1.

[bathina80@gmail.com]

First if you hold a H1B then that petition itself has been approved in error if your educational qualifications does not match your H1B profession.

1. Nothing can be done. Read the top statement

2. Refer 1.

3. Refer 1.

My H1b got approved based on my Master degree in Computer science. But my PERM does not need Masters.

[pontevecchio]

In order to make sure your bases are covered please discuss your situation with a Good Immigration Lawyer.

[jairichi]

My H1b got approved based on my Master degree in Computer science. But my PERM does not need Masters.

Give all relevant details when you post a query. Your H1B is fine. Talk to a good attorney about your I-140.

[dkumar]

still i have one que. How and why did you do Master in computer science after bachelor in Pharmacy?