EB3 to EB2 risks

[Chocolate]

Valuable input

These two must be independently satisfied.
1. The applicant should have the min. qualification and experience that is mentioned in labor form ETA 750 - item 14 and 15. The applicant can have more experience, but not less. This is irrespective of the category you are filing in. If the labor only says BS+5, then applicant should have min BS with 5 years of experience and having just MS+0 would not satisfy though according to USCIS, MS may be equivalent to BS+5
Yes i have the minimum experience in item 14 and 15.the labor specified BS+5 yrs +4 months experience .So my experience (1 yr during BS+4 yrs+months experience after BS was listed.But the most confusing thing is i am worried 1 yr experience is during my BS and for that reason my 140 shudnt swing back to EB3.

2. In order to qualify for EB2, the labor must require minimum of either Masters or B.S. with 5 years of post bachelor experience. Some times, in order reduce the number of qualified applicants to filter, some labors ask for more than min. experience or qualification. But the key is minimum MS+0 or BS+5.
I do have 5 years post bachelor experience but the one experience listed in labor is during my BS final year.

I am only worried about that one year. Even otherwise i do have more that 5 years post bachelor experience.Will that help.Any inputs.

 

[GCInThisLife]

Your labor says BS + 5.5 years exp and not MS + something. So the fact that you are having a Masters is not relevant for either labor approval or 140 approval. Having said this, you have BS + 5.5 years of work experience of which 1 year is during BS i.e., BS + 4.5 years of 'post' BS experience. So, you might have some trouble in getting your application qualified for EB2.

However, let us say, your labor requires MS in CS +1 and you have 1 year exp before MSCS and none after MS. You would still qualify for EB2 as min. requirement for EB2 is MS+0 (or BS + 5 years post BS). Also, since you have desired degree (with major) and experience, you satisfy first condition too i.e., to meet the labor requirements. However if your labor specifically says MSCS + 1 year exp 'post' MS, then you may have a problem though you meet the min requirement for EB2 since you do not satisfy the first condition.

If you read the memo that is posted on thread I mentioned in my previous post, this will be clear.

 

[Chocolate]

Additional info

Your labor says BS + 5.5 years exp and not MS + something. So the fact that you are having a Masters is not relevant for either labor approval or 140 approval. Having said this, you have BS + 5.5 years of work experience of which 1 year is during BS i.e., BS + 4.5 years of 'post' BS experience. So, you might have some trouble in getting your application qualified for EB2.

However, let us say, your labor requires MS in CS +1 and you have 1 year exp before MSCS and none after MS. You would still qualify for EB2 as min. requirement for EB2 is MS+0 (or BS + 5 years post BS). Also, since you have desired degree (with major) and experience, you satisfy first condition too i.e., to meet the labor requirements. However if your labor specifically says MSCS + 1 year exp 'post' MS, then you may have a problem though you meet the min requirement for EB2 since you do not satisfy the first condition.

If you read the memo that is posted on thread I mentioned in my previous post, this will be clear.

Thanks for the input.Also i would like to mention that i was hired for my job here in a major fortune 500 company after i finished my MS and i am sure the pre requisite is a masters for that job. Will it make a difference?I am just finding ways to make it to Eb2 so that i can file next 2 stages concurrently and get my ead/ap.Any ideas how can work around this situation to make it qualify to be EB2 case. i have heard a employer sepcifications when filing 140 will do the trick. Any inputs.

 

[GCInThisLife]

Check with a good lawyer. If you can some how show the work/project/thesis etc you did during master can be counted as 1 year or at least 0.5 years experience. May be a letter from the company and/or school etc that they will accept it as equivalent exp (though it up to USCIS to get convinced). The bottom line is, if you can convince USCIS with sufficient documentation that you meet the labor req. (which you do) and simultaneously meet min requirements for EB2 you would be fine.

Not sure how, but I saw some postings that some filed in EB2 with a provision to convert to EB3 if USCIS cannot approve as EB2.

Because of retrogression, it makes hell lot of difference which category we qualify, so there is nothing wrong in trying.

good luck!

Thanks for the input.Also i would like to mention that i was hired for my job here in a major fortune 500 company after i finished my MS and i am sure the pre requisite is a masters for that job. Will it make a difference?I am just finding ways to make it to Eb2 so that i can file next 2 stages concurrently and get my ead/ap.Any inputs.

 

[Chocolate]

helpful input

Check with the lawyer. If you can some how show the work/project/thesis etc you did during master can be counted as 1 year or at least 0.5 years experience. May be a letter from the company and/or school etc. Basically if you can convince USCIS with sufficient documentation that you meet the labor req. (which you do) and simultaneously meet min requirements for EB2 you would be fine. good luck!

Not sure how, but I saw some postings that some filed in EB2 with a provision to convert to EB3 if USCIS cannot approve as EB2.

Thanks for the input.I have worked for 1 1/2 yrs while doing my masters.and worked for 4 yrs in a fortune 500 company here.So i can meet the requirement.
I am only concerned about the experience shown in the labor application. will submitting documents with all my work experience till i joined the present company and an employer offer letter which establishes that i satisfy Eb2 condition in LCA form hoping will do the trick.
Moreover i dont even know what alternate requirement my employer specified in LCA.The only way would be to file in PERM if that is the case.thanks for the input.

 

[vampillo]

EB3 to EB2,

Hi all,

Facts:
Filed Labor - Nov 2002, Cleared Labor - Oct 2005
Filed I-140 EB3 - Oct 2005 - Cleared I-140 - Nov 2006
I-485 - Not able to file due PD stuck on May 2001
Bachelor's degree, 1 year Post-degree , 4+ years country origin experience, 6+ years USA experience.

Seen the circumstances of EB3, I approached my companie's attorney with the intention of opening a parallel case through PERM and EB2, she stated that I could apply under EB2 as long as the 5+ years of experience is not with the petitioning company. This is not the case for me since I've been working for the same company since I came to USA (6+ years).

This is the first time I've heard this statement and would like to see how accurate and well fundamented is. Any insight would be really appreciated.

Thanks in Advance.

 

[mysticbeach]

I hope its's true

I think what ever your lawyer said may be true. Even I got the same response from my lawyer.

If you want to apply under EB2, you have to have 5+ years exp(If you do not have MS) prior to joining your current company (pititioner).