PERM in EB2 with 3 year BSc Degree

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oneofu

Registered Users (C)
Hi All,
Thank you in advance for your help.
I am in H-1B since Dec 1997 (extending each year now). I have filed LC through my current employer on April 2003 in RIR/EB3 for DBA. My LC is currently in Dallas BPC. I am planning to file another LC using PERM in EB2 category. I am a BSc graduate from India. I have also done PGDCA from a private institute. I have more than 9 years of experience in IT with more than 6 years as DBA excluding current employer. My employer is some what ready to file another LC in parallel to current one. Is it possible to file a new labor certification using PERM/EB2 in my case? Specifically I like to know anyone file in EB2 with three years degree from India and whether it got approved. I like to have some information to make them understand

Thank you
oneofu
 
More info on PERM/EB2 from attorney

I just leaned from employer that they discussed with the attorney and attorney advice them that it is risk to file the labor in PERM (in parallel). Also attorney mentioned if my PERM application get rejected, both my labor application get rejected and then I will not be able to extend my H1 based on old labor. Is it true? Can you please give me some evidence for filing PERM in parallel with existing labor and did not have any affect on H1 extending with pending labor certification? I need to provide some proof to provide to my employer. Also my attorney scared my employer about auditing in case of rejection

Thank you
oneofu
 
oneofu said:
I just leaned from employer that they discussed with the attorney and attorney advice them that it is risk to file the labor in PERM (in parallel). Also attorney mentioned if my PERM application get rejected, both my labor application get rejected and then I will not be able to extend my H1 based on old labor. Is it true? Can you please give me some evidence for filing PERM in parallel with existing labor and did not have any affect on H1 extending with pending labor certification? I need to provide some proof to provide to my employer. Also my attorney scared my employer about auditing in case of rejection

Thank you
oneofu
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if your first LC is for DBA, you can go for PERM for entirely new job description say "Sr System Manager/Admin" with higher salary.
If your employer agrees to that you can go for new PERM without distrubing the old LC.
 
Thank you very much. Can you please reply about my question regarding filing in EB2 with three year degree.
 
oneofu said:
Thank you very much. Can you please reply about my question regarding filing in EB2 with three year degree.
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Yes, progressive exp count. but you have to get your edcational evaluation done with all your training certificates, experience etc for the purpose of immigration.
Do it your self, keep the copy with you and hand over the original to your company attorney. www.wes.org
 
Hello GreatGuru,
Can you please explain me progressive exp count? Is filing in EB2 with 3 year degree cause any problem in I-140 stage?
Thank you
 
oneofu said:
Hello GreatGuru,
Can you please explain me progressive exp count? Is filing in EB2 with 3 year degree cause any problem in I-140 stage?
Thank you
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What is 3yr degree major, if it Botony or Zoology then real problem
 
Hello GreatGuru,
I have OCP (Oracle Certified Professional) in Oracle 7, 8, 8i and 9i. Is this help in any way? Is this certification count in the educational evaluation.
Thank you very much for your hep.
Thank you
Oneofu
 
GREAT GURU

can u pls let me know if holding a Bsc. physics [3 year degree] with an MCA [ Master of computer applications , 3 year degree ] cause a red flag for EB2 filling during the 140/485 stages. I also have 7 years of progressive experience in software before I filed for GC.

The job profile will be software engineer with masters in computers + 0years of experience. location is san jose,ca.

thnx
 
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oneofu said:
Hello GreatGuru,
I have OCP (Oracle Certified Professional) in Oracle 7, 8, 8i and 9i. Is this help in any way? Is this certification count in the educational evaluation.
Thank you very much for your hep.
Thank you
Oneofu
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If you have BA Bcom - non technical degree it will help for the immigration purpose.
 
ooo_gc said:
GREAT GURU

can u pls let me know if holding a Bsc. physics [3 year degree] with an MCA [ Master of computer applications , 3 year degree ] cause a red flag for EB2 filling during the 140/485 stages. I also have 7 years of progressive experience in software before I filed for GC.

The job profile will be software engineer with masters in computers + 0years of experience. location is san jose,ca.

Definitely not. Bur your job description must meet this requirements
thnx
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Hi GreatGuru,
Could you please advise me..I have 3 years of bachelors degree in computer science b.sc. computer science and 2 years of masters degree in computer science m.sc. computer science from india. I have educational evaluation which says my degrees are equivalent to masters degree in computer science in USA. I have seven years of experience in which 5 years after my masters degree. My question is can I apply through EB2, if the primary job requirement says mimimum education masters or equivalent & experience required 3 years.

Could you please let me know whether i can apply in EB2 category. Thank you so much.
 
venky23 said:
Hi GreatGuru,
Could you please advise me..I have 3 years of bachelors degree in computer science b.sc. computer science and 2 years of masters degree in computer science m.sc. computer science from india. I have educational evaluation which says my degrees are equivalent to masters degree in computer science in USA. I have seven years of experience in which 5 years after my masters degree. My question is can I apply through EB2, if the primary job requirement says mimimum education masters or equivalent & experience required 3 years.

Could you please let me know whether i can apply in EB2 category. Thank you so much.
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Yes, you will absolutely qualify EB2, if the job offers requires your qualification
 
great guru said:
Yes, you will absolutely qualify EB2, if the job offers requires your qualification
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INCORRECT!!!!

If the person does not have a 4 year Bachelor's degree, there is NO AMOUNT of experience that will qualify them for an EB-2. I have seen the denials!

If the person is attempting to use a combination of degrees, the outcome is less certain and an approval is possible. However, it is not true to say that the person "will absolutely qualify EB2, if the job offers requires your qualification." Even if the person is simply using a 4 year bachelor's degree and 5 years of experience to get to the EB-2 qualification, USCIS frequently challenges the "progressive" nature of the experience and even then I would never advise someone that they "absolutely qualify EB2, if the job offers requires your qualification." Very little in life is absolute.

Great Guru,

You have been posting on this board for nearly as long as I have (I've been posting for nearly 7 years). People look for your answers to be accurate. Please be sure that you are providing CORRECT advice. If you do not know the answer, or if you do not have the time to provide a complete answer, you should either not answer or you should so state. Giving absolute answers to questions where the answer is not 100% clear, makes people very happy, until the denial or an insurmountable RFE comes in the mail.
 
Jim Mills said:
INCORRECT!!!!

If the person does not have a 4 year Bachelor's degree, there is NO AMOUNT of experience that will qualify them for an EB-2. I have seen the denials!

If the person is attempting to use a combination of degrees, the outcome is less certain and an approval is possible. However, it is not true to say that the person "will absolutely qualify EB2, if the job offers requires your qualification." Even if the person is simply using a 4 year bachelor's degree and 5 years of experience to get to the EB-2 qualification, USCIS frequently challenges the "progressive" nature of the experience and even then I would never advise someone that they "absolutely qualify EB2, if the job offers requires your qualification." Very little in life is absolute.

Great Guru,

You have been posting on this board for nearly as long as I have (I've been posting for nearly 7 years). People look for your answers to be accurate. Please be sure that you are providing CORRECT advice. If you do not know the answer, or if you do not have the time to provide a complete answer, you should either not answer or you should so state. Giving absolute answers to questions where the answer is not 100% clear, makes people very happy, until the denial or an insurmountable RFE comes in the mail.

Thanks Jim Mills

I gave recommendation based on my practical experiece like you. I also work for attorney office as consultant, we got approval similar cases. Whether over look or his luck, case got approved. Your cases may be bad luck or not presented properly. I do know all the rules how the INS evaluate each and every application for this purpose. Two three years ago certain possible things now not be possible though no rule change but INS perspective changed, the thing is how one presenting his/her case to INS.
Bottom line all the attotneys are not always correct. I have seen so many lamenting about their attornies in this forum for thieir mis guidence .
Still I will recommend him to go for EB2 if INS denies let him change to EB3 nothing wrong trying ones fortune at the time of EB3 huge backlog.
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Just to clarify, I do not work for an attorney's office, I am attorney. I graduated from Rutgers School of Law in 1997.
 
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