Can I apply for LC under EB2

[crystalcat]

I joined my current company on Oct 2003 and I got my MS on Dec 2003 (I was still in school when I got the offer). Now I am going to apply for LC, I know EB2 require MS+0, the problem is I got my MS 2 months later after I accepted the offer. Can someone help,thanks!

 

[gcco]

I joined my current company on Oct 2003 and I got my MS on Dec 2003 (I was still in school when I got the offer). Now I am going to apply for LC, I know EB2 require MS+0, the problem is I got my MS 2 months later after I accepted the offer. Can someone help,thanks!

Shouldn't be a problem.. GC is for future employment... you can go ahead and apply in EB2..

gcco

 

[newbies]

Shouldn't be a problem.. GC is for future employment... you can go ahead and apply in EB2..

gcco

No you can't. All education and experience after joining your current employer does not count.

 

[gc_2006]

Not quite true. If your current position is more than 50% different you can use the experience previously gained with the same employer. It might be more difficult to prove it but it is possible. Most probably you have different responsibilities after getting the MS degree and would qualify for the 50% distinction.

No you can't. All education and experience after joining your current employer does not count.

 

[newbies]

Not quite true. If your current position is more than 50% different you can use the experience previously gained with the same employer. It might be more difficult to prove it but it is possible. Most probably you have different responsibilities after getting the MS degree and would qualify for the 50% distinction.

You means about hard to prove So I don't think you should risk something like that.

 

[vramamu]

same problem here

I joined my employer after before I got my MS degree [although technically I completed all my requirements and was on EAD] and since I thot I am gonna run out of H-1 [this was before the 20000 quota came into effect] also filed for h-1 with the 4 year bachelors degree from India.

I am planning to file for PERM, would my condition be a cause for problems??

fyi:The jobs does require a MS degree, had a direct match to the area of my masters research.

 

[newbies]

I read murthy's website on EB2 and it says that an advanced degree must be required for the job for a Labor to filed in EB2 AND that BS +5yrs exp is considered equivalent - so it may be possible to use that to fulfill the advanced degree requirement with that qualification. I believe the EB2 is dependent on what the job requires and not the qualification of the employee - example employee may have MS + 5 years exp but job the job does not require a MS degree - then labor in EB2 cannot be filed. Is that true?

Also lets say job requires BS and 2+ to 5 yrs exp needed - then can labor be filed EB2? OR does the job have to require a MS? What if job requires BS and 5 years exp?

I guess I am trying to find out how a case can be filed as EB2 when filing under PERM. Anyone have any confident answers?? Any supporting documents? Please post. Thanks!

Yes, LC is for the job requirement. But beneficial of the LC must have proved that he/she at least meet the requirement. This is needed when you apply for I140.

Remember the rule that all exp. and education gain after joining the job can not be used unless you change to a different position after getting those exp./education. The new position must be different from the previous one. It is very hard to go through this case since you need to prove that you was hired for possition A with skill set X and now you move to the new possition B with skill set Y (Y is much different from X).

 

[despL2]

will qualify for PERM- EB2?

hi,
I have a question and somebody with experience / knowledge on the same case please answer.
I have my MCA (15+3) from india and 4+ year experience and 2.3 years for my current employer. Can my employer apply LC for me on EB2? will I get any advantage of this 2+ year experience. Also I never been H1 and I was working in L2. But I am working on a job with skilled expertise on embedded side. Please answer me.
How long will it take to get LC under PERM?
Thanks,
SM.

 

[newbies]

newbies, thanks for your answer, but it still did not answer my question. I realize that one must neet the requiremets of the job and that on the job experince with the same company cannot be used. However that is not my question. What I want to know is :
What must the job require for it to fall into the EB2 category? Does it have to require an advanced degree or can it require a BS + exp? If so howmany years of exp?


I read murthy's website on EB2 and it says that an advanced degree must be required for the job for a Labor to filed in EB2 AND that BS +5yrs exp is considered equivalent - so it may be possible to use that to fulfill the advanced degree requirement with that qualification. I believe the EB2 is dependent on what the job requires and not the qualification of the employee - example employee may have MS + 5 years exp but job the job does not require a MS degree - then labor in EB2 cannot be filed. Is that true?

Also lets say job requires BS and 2+ to 5 yrs exp needed - then can labor be filed EB2? OR does the job have to require a MS? What if job requires BS and 5 years exp?

I guess I am trying to find out how a case can be filed as EB2 when filing under PERM. Anyone have any confident answers?? Any supporting documents? Please post. Thanks!
Edit/Delete Message

Job required min: MS+0 or BS+5 = EB2.