Eb2, can experience while in college help?

A

arssa2020

Registered Users (C)
Hello all,
I am a software engineer in California (citizen of Syria), i finished my Bachelors in computer engineering in May 2004 (US university), while in college i was working full time (40 hrs/week) for almost 3.5 years (2 employers , EmpA, EmpB), after college i have 1.5 years experience with Employer (EmpC) and then 1.4 years with my current (EmpD) so:

Attended college from 1999-2004
worked 05/1998- 07/2001 EmpA --while in college (overseas, title system analyst)
transferred to US University in 08/2001
worked 11/2003- 5/2004 EmpB --while in college (title: webmaster)
Graduated May 2004

worked 06/2004-10/2005 Emp C (title: software engineer)
worked 10/2005 - prent EmpD (title: software engineer, to be promoted to senior software engineer soon)

My current (EmpD) want to file for Eb2 (Senior software engineer, BS+5 yrs)granting that i have BS+5 yrs, but his attorney said i will not qualify for EB2 since it has to be +5 years experience after the bachelor's degree (and my experience while in-college and before the degree can't help), is that the case? i couldn't find such info about the experience needing to be after the bachelor's?

if that's the case it doesn't make sense because in the IT industry you are self-taught and u can actively work while your are in college

Regards
arssa2020
 
we were told the same thing. Experience after the degree counts. Experience during the degree - does not count. Do not use sense and immigration in the same sentence :) 2/3 of the procedures, requirements etc do not make any sense.
 
Hey Unsure
thanks for your reply, were u told that by your attorney or UCIS officials?
i wonder if its just a misunderstanding on my attorney's part, the language seems vague, what is actually "progressive experience"?

here is the definition from
http://travel.state.gov/visa/immigrants/types/types_1323.html#second

"
Employment Second Preference (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
"
 
Attorney. She said actually that it is so hard to convince the immigrations that experience during studies is indeed a full time experience (we were RA's, so it is a little bit different for us. F1 visas do not allow you to legally work more than 20 hours a week anyway, what visa did you have? ) that they will rather not start at all.

Progressive means that you are assigned increasingly complex duties by your supervisor. Your employment letters should have that sentence in them ...

Also, we had the issue with the degrees. My husband holds MS from Europe, then he has 4 years experience, then an MS from US, then he started working for his current emplyoer. Well, they will use the European MS for the labor, as it is before the work experience. They insist that you cannot claim experience on MS level when you dont have the degree. Which gets us in the whole educational certification process, but that is another issue.

After reading this board and the immigration requirements for months I believe that this whole certification process is extremely subjective. The officers just want to reject you, not certify you. The less opportunities you give them, the better for you.
 
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Hey unsure
my 3 yrs experience back in college was back home (no visa required :) ), i have 6 months us experience while i was in college working as intern/volunteer (i wasn't paid ;) i was on F1 visa)
should i bother asking another attorney?
Regards
 
I would consult another attorney (just for the peace of mind). EB2 for world is current, EB3 is stuck at 2002. It makes a difference. Or another way, make your attorney write in the labor: "work experience may be pre or post degree". I am not sure that will help, but it is an alternative
 
the experience has to been after school. actually my attorney went that way to request a letter from school that such such day I completed my degree requirement and such such day i started working for the company. :D
 
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