EB2 without BA + 5y

D

dknov

Registered Users (C)
Hi,

My current job description requires Bachelor Desgree and at least 5 years of experience. I had officially graduated from my BA studies (Computer Science) in 2005 cause I was taking it slow working full time for many years.

So far the Green Card process had been smooth for me, however I am now becoming insanely worried reading posts about I-140s being rejected! My case was filed with NSC under EB2 category, however I clearly do not have the 5 years post-baccalaureate experience demanded by EB2 category.

I was not a manager, but positions I held in 5 years experience I had shown are technically senior.

I was wondering, is it all lost for me and am I looking for a definite denial from USCIS? Are they giving any consideration to job descriptions and seniority or are they "blindly" rejecting cases which do not have BA + 5y?

Thanks,
David
 
your five years start after you receive the BA hence you are 2 and a half years short based off 2005 grad. Also the experience cannot be from the company sponsering you hence you might get lucky, but i would be prepared for I-140 denial
 
The Bachelors plus 5 year requirements have to be met at the time of filing of the labor petition. You need to be worried and have a second petition filed under EB3, port the priority date of your EB2 labor.

you should be prepared for denial of your I140 from the information you presented.
 
That would be difficult ... your lawyer should have filed an EB3 petition ...

Yes start a backup plan with a new LC and I-140 under EB3 categorization.
 
Thanks a lot guys!

Will running EB3 and EB2 categories concurrently impact each other? I mean if I start EB3 (LC + I 140) and then EB2 gets approved, can we just drop EB3 even if the filings had already been done for it? When I say "drop" I mean notify USCIS in some form to withdraw that EB3 without impact to approved EB2?

Thanks!
 
Yes concurrent applications (upto I-140 stage) are allowed, please make sure that the job requirement in the LC petition differs. If the EB2 I-140 gets approved, then you can drop the EB3 GC trail.
 
How different should they be? My job description is pretty long with a lot of technology requirements (I am a Network Architect). It also says that BA and 5 years are required. "AND", not "POST".... If I were to go for EB3, I guess "POST" is not needed and all you need is BA, right? In my understanding EB3 is a logical continuation of H1B for BA degrees, so all you need to claim is that you have BA and you are highly qualified.....

Is there special consideration for EB3 of how much experience and whether it is post, pre or during the studies?
 
Ensure the labor is prepared by a good attorney if the BA is a 3 year overseas degree as lot of people get rejects for the I140 with such background as USCIS has not been accepting 3 year degree to be equal to 4 year US degree these days.

The H1b requirements are not as stringent as the I140 as for a H1b, every year of formal education can be overcome with 3 year experience and it doesn't work that way for I140.
 
When you say to start LC, does that mean to start the whole damn thing from scratch, including prevailing wage and job advertisement?

Also, if the job does not change, do I need to basically have the company re-write job description in the way that is it dramatically different from the current one to be able to kind of present it as a "new" job?
 
When you say to start LC, does that mean to start the whole damn thing from scratch, including prevailing wage and job advertisement?

----->YES

Also, if the job does not change, do I need to basically have the company re-write job description in the way that is it dramatically different from the current one to be able to kind of present it as a "new" job?

-----> Yes because the same job cannot have two different requirements like BS + 2 years and BS+5 years experience needs. In short, something should be different.
 
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