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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3885
Experience:  Private practice in several areas, including immigration
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I have BSc., [Maths] – 3 years and MSc., [Computer Science]

Customer Question

HiI have BSc., [Maths] – 3 years and MSc., [Computer Science] – 2 years and 11 years exp in IT industry. Last week I got the RFE like below. I dont see any particular reason specified here. Can you please provide me some feedback on this RFE?——————————————————USCIS is unable to determine if the beneficiary has met the educational requirements. Submitadditional evidence which establishes that the beneficiary meets the educational requirements for thepositionas stated in the ETA 9089 as of the priority date of ***** ***** 5, 2015. This evidence must be inthe form of anofficial record from the institution showing the dates of attendance, area of study anddate of degree award.Please see the below information in my Labor certification4. Education: minimum level required – Bachelor4­B. Major field of study – Comp Sci, Info Sci, Math, Stats, Economics, Industrial Engnrng, Operations Research, or related8­A. If Yes, specify the alternate level of education required: Masters8­C. If applicable, indicate the number of years experience acceptable in question 8: 210­A. If Yes, number of months experience in alternate occupation required: 60
JA: Thanks. Can you give me any more details about your issue?
Customer: I 140 - eb2
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Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
JUST FORMATAPPLIED I 140 under EB2 Category. FULL TIME EMPLOYEEI have BSc., [Maths] – 3 years and MSc., [Computer Science] – 2 years and 11 years exp in IT industry. Last week I got the RFE like below. I dont see any particular reason specified here. Can you please provide me some feedback to resolve this RFE?——————————————————
USCIS is unable to determine if the beneficiary has met the educational requirements. Submit
additional evidence which establishes that the beneficiary meets the educational requirements for the
positionas stated in the ETA 9089 as of the priority date of August 5, 2015. This evidence must be in
the form of anofficial record from the institution showing the dates of attendance, area of study and
date of degree award.Please see the below information in my Labor certification4. Education: minimum level required – Bachelor
4­B. Major field of study – Comp Sci, Info Sci, Math, Stats, Economics, Industrial Engnrng, Operations Research, or related
8­A. If Yes, specify the alternate level of education required: Masters
8­C. If applicable, indicate the number of years experience acceptable in question 8: 2
10­A. If Yes, number of months experience in alternate occupation required: 60
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Did you receive your degrees in India?

Was your BS degree a 3 year program?

Did you use a professional credential evaluator to review your course transcripts and the schooo's admission= booklett with course discreptions?

Judith

Customer: replied 11 months ago.
both degrees was received from india. Yes my bachelor's degree 3 years program and my masters 2 years program from accredited university.. We used trustforte for evaluation.
Expert:  Judith Ludwic replied 11 months ago.

You are trying to combine degrees to be the of a US degree and the USIS regulations do not allow that.

You can combine a 3 year Bachelor degree with a advanced US degree such as a Master and meet the EB2 requirements but you cannot combine two foreign degrees to meet the equiv of an advanced US degree unless the underlying lower degree was 4 years.

Here are two very well written articles on the problems with 3 year Indan degrees

http://www.ilw.com/articles/2009,1117-mehta.shtm

http://wenr.wes.org/2008/09/wenr-september-2008-practical-information/

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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