EB2 and I485 interfile possible ?

H

hoochie

Registered Users (C)
I have an EB3 labor substitution with PD Aug 2003.

I just completed my masters this month - My company is supporting filing EB2 and I485 interfiling. The company's financials are solid.

1. Considering the Original EB3 is subsitute labor is interfile possible ?

2. I have a 3+2 years education with 17 years exp 12 of them in the US. Is it possible to file EB2 since I just completed my Masters ?

Chiefs please pitch in.

Hoochie
 
1. If you did the labor substitution and filed I-140 for it before the ban took effect in 2007, then yes you can interfile if you get the new I-140 approved.

2. Generally, experience and education acquired while with the same employer is disregarded. So to have a strong case for EB2, you should qualify based on the education and experience you had before joining this employer. There are exceptions and loopholes that can be used to apply education and/or experience with the same employer, but those are tricky. And you need to be changing to a new position in the company; if your existing job didn't require EB2 qualifications before, you can't get the same job approved for EB2 now. Remember, EB2 not only requires the individual to have a Masters degree (or Bachelors + 5 years), it also requires the job to have that as a required qualification.
 
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Thanks jackolantern,

As for Point 2 - I just completed my masters hence the experience + 3 + 2 years of education not sure how that works. As for my current job and pay - I would say I am more than comfortable. Let me check with the company lawyers and see what they say.

Thanks, Hoochie
 
You completed your Masters after already being hired into the company. So you generally cannot use it to qualify for EB2 with the same employer.
 
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