B.Sc and MBS from TU, will my I-140 get approve

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Folks, I saw that couple of Indians I-140 are rejected because they had three years of Bachelor and 2 years of Masters degree. USCIS does not consider a combination of two as the four year equivalent for EB3 (professional category) category. I also have three years B.Sc and two years MBS from TU, will my I-140 get approved? It's in EB3 and degree requirement is four years or equivalent. My I-140 is pending for 4 months and yesterday my employer (desi consultancy) asked the attorney to upgrade it to premium. Anyone in the same boat now or in the past? I am very afraid.

pronepali · Feb 14, 2017 10:33 AM · 17,249 views

8 Replies

It depends how your PERM was constructed but under EB3 skilled workers a degree requirement may not be necessary. It all depends on the job requirement for your job posted. If the perm has job requirement of Bachelors degree, I have seen some forum posting with the same issue. A good lawyer should have made you aware of these situations.

fdpower · Feb 14, 2017 10:56 AM

Did you earn degree from US after coming here? Also, was it EB2 or EB3 category? I'm in the same boat.

sunile · Feb 14, 2017 4:26 PM

Make sure you have your educational cert evaluated properly by agency acceptable to uscis. They have to evaluate it in such a way that while they combine 3 yrs degree and 2 yrs masters , it's atleast equivalent to 4 yrs bachelor degree of US. If you have 3 yrs bachelor and 2 yrs masters in same major, it's doable. One of my co-worker from india was in similar situation in 2012. He eventually got it approved after couple of Rfe.

meraj · Feb 15, 2017 8:49 AM

After three years of bachelors in Nepal, I earned two years masters from Europe and another two years masters from a very reputed big state university in USA. And mine is EB2. Many of my friends with similar situation like mine have got their GCs without any hassle and I never gave any concern to this issue until I ran into this thread.

sunile · Feb 15, 2017 9:56 AM

@sunile , Like I said it I think it all depends upon how your PERM was constructed. If the requirement for you for eg was a bachelors degree + 5 years exp (EB2) , You could run into trouble since the 3 year degree is not equivalent to a 4 year bachelors degree required. However you having a masters , could make you qualify if the perm had the masters degree as an alternate requirement.

fdpower · Feb 15, 2017 11:46 AM

Thank you @ fdpower.

sunile · Feb 15, 2017 3:47 PM

Hi everyone... Thank you very much for such important information... My situation : I have 3 years Bachelors degree, Bachelor of Science from Tribhuvan University, Nepal graduated in 2006, Associate of Arts graduated in 2011 from Houston community college, Houston , TX and Masters of Business Administration, MBA Finance Graduated in 2014 from New Mexico Highlands University , NM. So if my employers wants to file my GC on the employment basis category on what category they can file my GC? So, I have 17 years of academic degree in total after my high school , and it should be overall 16 years of academic degree required to be considered to be a Masters degree holder after high school according to US education system, even though i have 17 years of academic degree, i don't have 16 years of academic degree which is 4 years bachelors's degree, so i am bit confused about the situation for EB2 category. Any information regarding the situation would be highly appreciated. Thank you very much in advance Jai Nepal

Unite4Nepal · Feb 20, 2017 10:56 PM

My case got approved today. Thank you, everyone, for your help. Now finger crossed for I-485.

pronepali · Feb 22, 2017 3:35 PM

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