Eb3 or Eb2 - M.C.A - clarification

K

KrishnaMohan

New Member
Hi ,

My employer has filed LABOR in March 2005 just before closing old RIR process.
Recently my labor got approved, but my lawyer is saying that my case cannot be filed in EB2 but he can file in EB3
because i have B.Sc(math,phys,chem) - 3 Yrs degree + M.C.A(Master of Computer Applications - 3 Years

1) My bachelor degree is 3 yrs so USICS is not considering this in to EB2 , even though i have M.C.A degree.. is this true ?

2) I have one or two months gap in my total experience
so by March 2005 i will be having some two months less - will they consider exact 5 yrs will this be a problem ?

My Details

Education :- 10 yrs (school) + 2 yrs (Intermediate) + 3 yrs (B.sc) + 3 yrs (M.C.A)
Completed M.C.A degree - April 2000

Details in Labor Approved & ETA 750B

14:- Section
------------

State in detail the Minimum Education, training, experience for a worker to perform
satisfactorily the job duties described in the Item 13

Specified :- ENGINEERING, MATHEMATICS OR RELATED FIELD

Education (No Of Yrs) Grade school - , High school - , college
Specified :- 8 4 4

College Degree Required (specify)
Specified :- PLEASE SEE ITME #15*

Major Field of Study
Specified :- COMPUTER SCIENCE

Training :- No Yrs No Mos
Specified :- 0 0

Experience :- Job Offered Related Occupation
Yrs Mon Yrs Mo
Specified :- 5 0 5 0


15:- Section
------------

Other Special Requirements

Specified :- BACHELOR OR EQUIVALENT DEGREE AND/OR EXPERIENCE


ETA 750B
--------

They have specified my M.C.A + B.Sc Degree + all experience 5 yrs

I am new to this form please advise if any one has any suggestion
 
Last edited by a moderator:
B.Sc 3 yrs + MCA 3yrs Is Equivalent to MS of US
B.Sc 3yrs + One yr of MCA is Equivalent to Bachelors of US
 
Logically you are eligible because you attainded your MCA in 2000. But I think it also depends upon whether your employer can file under EB2 category or not. Has they filed under EB2 category for any one else, I am not sure about this you need to check with your lawyer. In my case EB2 filing requirement at the the time of filing was this

Masters or Equivalent** req'd in Computers, Engineering, Math or related field of study + 1 yr of related exp. (**Eqv.: Bachelors or Eqv. + 5 yrs of progressive related work exp

Good Luck
 
KrishnaMohan,

I am not quite clear. You said that your labor was approved, for the one filed in March 2005. Which category does that labor belong to EB2 or EB3 ?

These questions should have arised while applying for LC itself. Your Labor is approved. So I dont see your concern.

If you are voicing out this for filing for 140, then thats a different route all together. If your labor was applied with EB3, then for you to transition to EB2, you would have to reapply LC.

If you want to proceed with 140, now that your labor is approved, then you could move right on, and use the same paperwork + education evaluation, and that should do it.

What exactly is your situation or need. Please be clear.

Thanks.
 
Hi,

Thanks for your replies

My lawyer is saying when he filed the case it was EB2 only , now the rules have changed as i have 3 yrs bachelor degree so USICS is not considering as EB2 and it can be considered for EB3 only.

All my worries is i have the M.C.A degree + experience required and i am thinking due to some mistakes made by lawyer / employer... instead of EB2 it went to EJB3, and all this time i was thinking as EB2.

When it will be decided whether it is EB2 or EB3 is it before applying the labor or before applying the I140 ..?

AS per my lawyer / employer it says that due to my 3 yrs bachelor degree i am not eligible for EB2 , i am not sure how far this is true ...?

Then in that case any M.C.A degree holder is not eligible for EB2.... i dont think so what is your comments on this
 
EB category

nervewreck said:
KrishnaMohan,

These questions should have arised while applying for LC itself. Your Labor is approved. So I dont see your concern.

Apparantly, (as I am finding out in my case) USCIS can deny I-140 based on incorrect EB category even though LC was approved under the same category. Makes sense to me because with LC they are just certifying that your type of labor is required. Whereas at the I-140 level and higher (I-485 etc), they (USCIS) will be granting you "immigrant" status.
This is my naive understanding of the system. But it is true that USCIS can deny I-140 for eg. EB2 even though LC was approved.
Click to expand...
 
I have same dilemma

KrishnaMohan said:
Hi,

Thanks for your replies

My lawyer is saying when he filed the case it was EB2 only , now the rules have changed as i have 3 yrs bachelor degree so USICS is not considering as EB2 and it can be considered for EB3 only.

All my worries is i have the M.C.A degree + experience required and i am thinking due to some mistakes made by lawyer / employer... instead of EB2 it went to EJB3, and all this time i was thinking as EB2.

When it will be decided whether it is EB2 or EB3 is it before applying the labor or before applying the I140 ..?

AS per my lawyer / employer it says that due to my 3 yrs bachelor degree i am not eligible for EB2 , i am not sure how far this is true ...?

Then in that case any M.C.A degree holder is not eligible for EB2.... i dont think so what is your comments on this
Click to expand...

I have the same problem as you. My lawyer also said that the rule has changed. Thats why my case is now consider as EB3.
 
KrishnaMohan said:
Hi,

Thanks for your replies

My lawyer is saying when he filed the case it was EB2 only , now the rules have changed as i have 3 yrs bachelor degree so USICS is not considering as EB2 and it can be considered for EB3 only.

All my worries is i have the M.C.A degree + experience required and i am thinking due to some mistakes made by lawyer / employer... instead of EB2 it went to EJB3, and all this time i was thinking as EB2.

When it will be decided whether it is EB2 or EB3 is it before applying the labor or before applying the I140 ..?

AS per my lawyer / employer it says that due to my 3 yrs bachelor degree i am not eligible for EB2 , i am not sure how far this is true ...?

Then in that case any M.C.A degree holder is not eligible for EB2.... i dont think so what is your comments on this
Click to expand...

You are eligible for EB2 catagory. check the below link where NSC Director
clarified education issues in I140 stage. show this to your lawyer.
http://www.greencardapply.com/news/news06/news06_0829.htm
 
Krishna Mohan:
EB2 or EB3 is decided at the time of applying Labor. 140 has nothing to do with it. 140 just adds on as a next step, to the existing qualifications outlined in LC.

Now, EB3 and EB2 are decided based on what is mentioned as the required Qualification when your JOB posting was done. That requirement is matched with what qualification you have and the category is decided based on how accurately you match.

In your case, Your attorney should have provided an evaluation at the time of applying for Labor, saying your MCA + Experience attribute to a MS equivalent in US terms. Also, your original job posting should require Masters...and in that way, it would qualify for EB2.

If your attorney did not do that, at the point of applying for LC, then YES it would be termed as an EB3, which seemed to have happened here.

This is clearly a case of attorney goof-up at the time of applying labor. They should have, more clearly, documented your case.

In anycase, right now your LC is EB3 and is approved. There is not much that can be done, once the LC is approved. Usually, ammendments can be made with a pending application, but once approved, unfortunately you are stuck with it.

Surely keep the forum informed on how things will pane out at your end.


Good Luck.
 
BSc + MCA is EB3 with your experience.


Also your salary should be matching to the prevailing wages for EB2 (obviously would be higher than EB3 prevailng wage in most cases). EB3 is safer if you are not sure of being in EB2 .
 
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