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

[joyman]

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.

[KMcTram]

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.

[Rough Neighbor]

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.

[joyman]

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.