3 years diploma + 3 years BE degree from India - Eb2

F

floridahunk1234

Registered Users (C)
Hello All,

I did my Bachelors in Engineering by following the diploma route - that is doing 3 years of diploma after my 10th standard and then getting direct admission to second year of my BE course.
I also have 8+ years of experience.

My company lawyer is now saying that filing my GC under EB2 is risky and will be better if we file under EB3 - just because I could do my BE in 3 years.
This does not make a 4 year degree a 3 year degree.

Please advise what to do.. He is pretty adamant about this saying that they have seen cases getting rejected due to this.

ALso i wanted to mention that my company falls under Vermont service center.

I have just 2 years left on my H1B. Please advise.. I am getting desperate..
What should be the course of my next action? Should I talk to another immigration lawyer.. and show that response to convince my company lawyer...


Please help.. Really appreciate it.

Thanks.
 
They might reject because they state specifically 4 year degree and then the 5 year experience for the EB2 field.

I would be very cautious with this, EB3 might be the way to go, to be absolutely sure, but what you can do is file EB3, get approved and get your I-140 approved then restart an EB2 at that point, and port your PD over once you have the I-140 done that way you would be in the queue immediately with your EB3 but if the EB2 worked out you could port the PD and still be where you would have been had you started on EB2.

It will mean filing 2 PERMS and 2 I-140s but i have seen people do it all the time.
 
Thanks a lot for your reply darren102. Can there be any issues with having two LC's and two I140's done? (same person two LC's..) Also note that I have only two years remaining on my H1.. So lets say EB3 LC takes 6 months and I140 takes another year, can I then file for a LC on EB2 again - with just 6 months remaining on my H1?
 
The attorney you have mentioned is correct - in slang we call this a "3+3" case - the position requires a Bachelor's degree plus 1 year of experience with the alternative of a 3 yr. Bachelor's degree and 3 years of experience. We have never (knock on wood) had a problem obtaining a case like this approved as long as it was prepared correctly.

Darren's suggestion is exactly what I would say too - do the EB3 case now and fight about the EB2 later but secure the priority date now.
 
floridahunk1234 said:
Hello All,

I did my Bachelors in Engineering by following the diploma route - that is doing 3 years of diploma after my 10th standard and then getting direct admission to second year of my BE course.
I also have 8+ years of experience.

My company lawyer is now saying that filing my GC under EB2 is risky and will be better if we file under EB3 - just because I could do my BE in 3 years.
This does not make a 4 year degree a 3 year degree.

Please advise what to do.. He is pretty adamant about this saying that they have seen cases getting rejected due to this.

ALso i wanted to mention that my company falls under Vermont service center.

I have just 2 years left on my H1B. Please advise.. I am getting desperate..
What should be the course of my next action? Should I talk to another immigration lawyer.. and show that response to convince my company lawyer...


Please help.. Really appreciate it.

Thanks.
Click to expand...

First, your degree is not a 3 year degree after high school. It is an 4 year degree with different pattern. If you have completed your terminal BE degree with 16 years of education (10+3+3), it is 100% U.S equivalent Bachelor degree. You can very well eligible for EB2, if job requires a BS degree and 5 years experience.

There will be a great chance for RFE in 140 stage, but it can be easily overcome by proper documents. Easy argument is, in U.S also, peoples spend 2 years in community college (like polytecknic) recives associate degree and spends 2 years in university to complete 4 year degree. Your pattern is also the same. Fy you explain properly in RFE, you will get thro in EB2.
 
perm_lc - have you received an approved case based on an EB2 Bachelor's plus 5 with a 3 yr. diploma & 3 yr. bach equating to a Bachelor's degree as you have indicated? That is shocking to me, as the USCIS normally never accepts a combination of degrees to equal a Bachelor's degree. Are you an employer or an employee?

To floridahunk - We do NOT file cases such as these, nor are they EVER advised by the skilled attorneys in our office. Although we did argue one and get it through, as we took it over from another firm from which is was denied and we appealed it and got it through with the USCIS.
 
Thanks for the replies. My lawyer got my education evaluation done from 2 more agencies and they all said that I have a US BS equivalent. So he's gone ahead with EB2.
Thanks for your replies...
 
diploma + degree

I also had 10 th standard + 4 year diploma + 3 year BE (was admitted directly to second year BE after diploma) and Total 17 years of education for bachelors degree.
I had 7 + years progressive exp.
My EB2 I-140 @ NSC was approved last year without any RFE.
 
You must log in or register to reply here.
Top