EB2/3 Question ?

S

sonali_b_23

Registered Users (C)
Hi

My employer filed my permanent LCA in Sept, 2004 under RIR. Advertisement was for Oracle DBA with Bachelors Degree and 5 years Experience.

Question here is, I am a B.Sc (3 year) graduate from India with 5 years 3months experience. In addition to this 5 years relevant field experience, I have another 6 years experience in a different field. As per my knowledge EB2/3 doesn't come anywhere in LCA. Once my labor is approved (don't know when), can my case be filed under EB-2 ? or does I fall under EB-3 ?

Appreciate if Guru's clarify my position.

Thanks.
 
It all depends on the evaluation of your degree with and without experience that equates to a US bachelors degree. So the wording in the ETA 750 section 15 is the key for EB2 or EB3 categorization.

HTH
 
I will check that.

Let us say if my ETA 750 section 15 says "Bachelors Degree in computer science or equivalent + 5 Years experience". With these wording, what category do you think I will be in.

Thanks
 
Then you have to get the evaluation which specifies that the degree you have is equivalent to a US bachelor degree. The problem is you have 15 years of schooling and in the US it is 16 years. Then it falls on the wording in ETA 750. I have seen some cases where they have specified that relevant experience can be used to get the extra year in school and and equate it to the bachelors in US. Also other point to note is if you have a 3 yr bachelors in language and 10 years of IT experience then it would be difficult to say that your degree will be equivalent to a Comp Sci or similar.
 
Ok - I looked at my ETA 750. It is Item # 14. Item # 15 is "Other Special Requirements".

Item 14# says:
Education: BS in computer science or equivalent in education or expereince or combination of the two.
Experience: 5 Yrs Oracle DBA for financial institution.

Evaluations Report dataed 1st Dec 1998, was enclosed to the LCA application and evaluation report says that it is equivalent to a Bachelors degree in computer science from an accredited college or university in united states.

What are your thoughts now ?

Thanks
 
sonali_b_23 said:
Ok - I looked at my ETA 750. It is Item # 14. Item # 15 is "Other Special Requirements".

Item 14# says:
Education: BS in computer science or equivalent in education or expereince or combination of the two.
Experience: 5 Yrs Oracle DBA for financial institution.

Evaluations Report dataed 1st Dec 1998, was enclosed to the LCA application and evaluation report says that it is equivalent to a Bachelors degree in computer science from an accredited college or university in united states.

What are your thoughts now ?

Thanks
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What is the recommendation of your lawyer? Is s/he suggesting EB2 or EB3?
 
In that case you should be EB3 as your experience is used to equate the degree and you may fall short wrt experience. BTW what's the lawyers take on this?
 
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