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I need advice on how to go with my I140 filing under Eb2

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  • I need advice on how to go with my I140 filing under Eb2

    My Company has applied for Labor under EB2 and my educational qualification was been omitted by mistake by my attorney. I have 2 Degrees; One is 3 years (BSc) & BL (3 years). Only Bsc was been entered and BL was ignored by mistake.

    The Labor got approved with 3 years (BSc) under EB2.

    Can this can be corrected at I140 stage with a detailed explanation? I am wondering if this is been done at I140, can CIS deny the I140 stating that "there is change in the material facts from originally filed".

    Can any one suggest on how to correct this.

  • #2
    You cannot change it at the I-140 stage. If you have a 3 year Bachelor Degree, you CANNOT be EB2. This has been specifically held by USCIS.

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    • #3
      My Company has applied for Labor under EB2 and my educational qualification was been omitted by mistake by my attorney. I have 2 Degrees; One is 3 years (BSc) & BL (3 years). Only Bsc was been entered and BL was ignored by mistake.

      The Labor got approved with 3 years (BSc) under EB2.

      Can this can be corrected at I140 stage with a detailed explanation? I am wondering if this is been done at I140, can CIS deny the I140 stating that "there is change in the material facts from originally filed".

      Can any one suggest on how to correct this.
      I will make a guess, you studied in India. Well, this is a very sticky topic between the legal community and the Nebraska Service Center. The latter holds that three years of education falls short of a baccalaureate degree according to applicable statutes.

      Another thing, I doubt if the exclusion of your "second degree" is a material fact at all to your PERM application and I-140 petition. Maybe it was your counsel's intent, if it didn't relate to the job offer.

      Also to qualify under EB-2, the alien doesn't need to have another BS degree, but a master's degree, or if none, five years of progressively responsible experience in line with the BS degree attainment, to compensate for the master's degree requirement.

      There's nothing to correct. I hope your attorney knows what s/he is doing.

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      • #4
        Rough Neighbor:

        Thanks for the reply. You are perfectly correct so far as my degrees part. I graduated from India.

        "Another thing, I doubt if the exclusion of your "second degree" is a material fact at all to your PERM application and I-140 petition. Maybe it was your counsel's intent, if it didn't relate to the job offer"

        This may be true as my attorney used my old H1 B evaluation (6 yrs back) which contains only my 3 yrs degree and 3 yrs progressive experience and been equated to 4 yrs US degree (3: 1 formulae).

        How ever I want to provide the following information so that it would help you to guide me as necessary.


        The requirements (Education & Experience) under the approved EB2 labor are
        US 4 years degree in CIS/Business or Foreign Equivalent and 5 years progressive experience.

        I am planning to meet the above requirements as follows:

        Education: I got evaluated both my degrees by US top evaluation educational agency and they finally arrived to a conclusion that both my combined degrees are equivalent to US 4 yrs Bachelors degree with major in Business. (In India the basic requirement for a BL is 3 years degree). I also got admission into a Masters degree in US this year.

        Experience: I have gained more than 6 yrs progressive experience in US.

        Now that I want to file for I140, only question I am having in my mind can CIS say that "as my BL degree was not included in the Labor, there is a change in the material facts from originally filed"?

        I would appreciate for any help on this.

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