Can I skip Part 4 (Education and Skills) in I-944 if I have approved I-140?

[sandeep.iiit]

I-944 instructions say skip part 4 if you have an approved I-140. I do. But I am currently filing adjustment of status under family based immigration (not work based). Am I still eligible to skip this part? My reason for why I would like to skip is that I won't have to go through getting educational equivalency assessment done for my foreign education.

PS: I also posted this in July 2020 thread, but didn't get a response. Hoping a separate thread might help.

[Enub4]

My guess is that, because you are sending a different application, you must comply with everything that is requested.

Edit: see the post below from newacct. My guess is wrong, please follow that advice.

[newacct]

My guess is that, because you are sending a different application, you must comply with everything that is requested.

But the thing is, if you follow the form questions truthfully, the logical result is that you do not complete the education and skills section. Part 4 #1 asks "Do you have an approved Form I-140 as an alien worker?" not "Are you applying based on an I-140?" So the truthful answer must be "Yes", and the form says if you answer Yes, you provide the receipt number and skip to Part 5. The only way you can complete the rest of Part 4 is if you answered "No", but that's not a truthful answer if you have an approved I-140.

[sandeep.iiit]

That's such a clear explanation. Thanks both for chiming in!

[sandeep.iiit]

I am bit confused now. I totally agree with newacct that the words indicate to skip part 4 in my case. But ********* immigration website says this:

If you’re applying for an employment green card and have an approved Form I-140, simply enter the receipt number from your I-140. Seeking an employment-based green card is a regular positive factor.

If you’re applying on any other grounds, you’ll need to provide a list of the high schools and colleges you’ve attended.

But I am not sure how much thought did they (*********) put when writing those sentences.

I also talked to USCIS online chat representative, and she said she doesn't have the form or the instructions. And that I must follow it to the best of my ability. Why are they working as chat representative then? I will try again, perhaps I just got a bad one. My previous experiences with chat representatives have been much better.

Also planning to talk to an immigration attorney.

[sandeep.iiit]

So I talked to an immigration attorney.
She said I should say "yes" to that question, and provide the receipt number, but then I should fill the rest of the questions anyways. Because it doesn't hurt. She said don't worry about getting equivalencies, just attach the foreign certificates (if they are in English).