Hi there,
I have a bachelors degree in Economics and Bio w/specialization in Neurosicence, received in 2004 from a University in the US (4yrs). I also have been working for the Neurology Department since 2001. In total I have 7 years of experience but I only have 3 years of post-baccalaureate experience... My attorney assured me that I would still qualify as EB2 even though my experience overlaps with my education.
Now the advertisement does NOT specify that I have 5 yrs of post baccalaureate experience. It simply says 5 years of experience in related field.
We have filed for Labor Cert recently hoping that this would be under EB2 and that I would qualify for EB2. After reading some of the messages here, 1. it doesn't seem like I would qualify for EB2 and 2. it also doesn't seem like the job will necessarily be categorized under EB2.
When I was reading the I-140 application, I saw a paragraph after the general requirements for EB2 category that one may also prove eligibility for EB2 category by providing some evidence such as proof of degree, 10 years of full time experience, awards, membership to societies, letters from peers or institutions etc. I happen to be a member of a couple societies specific to Neuroscience, have multiple publications in Neurology journals and of course a degree relevant to Neuroscience. Would these things by any chance qualify me as EB2?
Also, more generally, who decides whether the job is EB2 and whether the person is qualified for EB2? If for some reason my job gets categorized as EB3, do I still have a chance of getting I140 approved as EB3 or is it immediately denied since I was ATTEMPTING to be categorized as EB2 but fall under EB3? Please help....