Eb2/eb3 ?

B

bijumr

New Member
If the nature of the job's min. requirement is Masters or Master equivalent is Bachelors with 5 years progressive experience. And the Job profile is for EB2 for the Labor. Can a person with 3 year Bachelors degree in Computer Science from India with 10 years of progressive experience qualify for EB2 category.

Thank you and looking forward for your valuable opinion on this.
 
bijumr said:
If the nature of the job's min. requirement is Masters or Master equivalent is Bachelors with 5 years progressive experience. And the Job profile is for EB2 for the Labor. Can a person with 3 year Bachelors degree in Computer Science from India with 10 years of progressive experience qualify for EB2 category.

Thank you and looking forward for your valuable opinion on this.
Click to expand...

Check it out. Your company would have done your Degree's evaluation at the time of filing your H1. If it has been evaluated at par with American Bachelor Degree then you can very well fine in EB-2.
 
Thank you. But they are saying Indian 3 year degree does not even qualify for Bachelor's in US.
 
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I have Bs( 3yrs)+ 1 years software diploma and I was evaluated as equivalent to BS in USA during H1 process. However my LC was filed in EB3 and it got approved.

Later my I-140 was filed in EB2 ( by my lawyer) and it got rejected on the grounds I do not have USA equal BS.

Its safe to file in EB3 looking at the fact that it takes so much of time get the decision and you don't want to get a negative one after waiting for months.
 
Eb2/eb3

I have a Bachelors degree (4 years) and I completed my course work for Masters in US. I have not received my degree yet. I got a job before I could graduate and I am on H1 now with 1 yr experience. I wish to file through EB2 after completing my Masters(getting degree). As per my company attorney, I should have had the Masters degree before joining this company to file through EB2 and hence EB3 is the only way now. Is this true?? Any help/suggestions are greatly appreciated.

Regards,
SDK0077
 
question about PERM & EB2

Hi,
I have a Master's Degree from USA and two and half years experience here in USA.I worked in INDIA for one and half years.Now Will I be eligible to file under EB2 category.My company lawyer told me that I cant use the current experience.so can I make use of 1 and years experience (for the work in INDIA) and 6 months experience from my OPT and still be eligible for EB2.Your Expertise knowledge is higly appreciated....and also who ever is sailing in the same ship can get in touch with me....thanks in advance friends....
Dallas Buddy
 
Can any body let me know what is the differance in EB2 and EB3.
Like I ve heard that only difference in EB2 and EB3 is , We can file 140, 485 at a time in EB2 and in EB3 we have to clear the 140 and then only we can file the 485, Is that the only differance in EB2 and EB3 or any more disadvantages? Please respond me.

Thanks in Advance.
 
Hi Guys,

I am in the same boat as you are.

I have a 3 year Diploma and a 3 year Bachelors from India, in addition I have 1 year Software Diploma. My evaluation for H1 came as equivalent to US Bachelors. I have more than 6 years of experience in IT.

My GC has been filed in EB3 from NJ in Feb'04. Since it is going to bite dust in BEC, I am thinking about PERM. Since my present company does not want to invest more money into PERM and also conversion cases might take longer, I am thinking of moving to a new company and file my GC under PERM regulation.

Now my questions is:

Will I qualify for EB2 based on BS + 5 years of experience?
If yes, will it be advisable to go for PERM in EB2 and give up my PD in EB3?

Gurus please advice.

Thanks
 
Gurus, please help me on this...
1. Just wanted to know if I’m eligible for EB2. Presently I’m working as a Senior Technical Manager and I have 9 yeas of experience. I have 4 Years engineering degree from India. One lawyer told me I’m eligible for EB2 because of my job title and other one said no as i do not have masters. I'm confused on what to do.

2. If GC is filed for future employment then do I need to join that employer at the time of 140 approval or when he files 485 for me? Assuming he is filing 140/485 concurrently.
 
mvermani said:
Gurus, please help me on this...
1. Just wanted to know if I’m eligible for EB2. Presently I’m working as a Senior Technical Manager and I have 9 yeas of experience. I have 4 Years engineering degree from India. One lawyer told me I’m eligible for EB2 because of my job title and other one said no as i do not have masters. I'm confused on what to do.

2. If GC is filed for future employment then do I need to join that employer at the time of 140 approval or when he files 485 for me? Assuming he is filing 140/485 concurrently.
Click to expand...

This may provide answer for you and "talktome"

Question 1. I am a computer professional with a Master's degree. I would like to know what my chances are of getting the green card through EB2? TOP

Answer bye Sheela Murthy:

There are three factors that govern whether a case can be EB2.

The first is the employee's qualifications.

The second factor is the employer's minimum requirements for the job. The employer not only has to indicate that a Masters degree or equivalent is required for the job, but other people in similar positions with that company must also have the Masters Degree. Generally, a B.S. plus five years prior experience with another employer could qualify for EB2, if described correctly under the current INS and DOL interpretations for EB2 classification.

And the third and last factor is the maximum allowable education requirement for the job, according to the U.S. Department of Labor. The Labor Department classifies all the jobs and puts a rating on them which indicates the maximum educational requirement and experience requirement. So even if the person has a Masters Degree and the company is willing to state that a Masters Degree is required for the job, the Department of Labor can refuse the classification as not being the norm and therefore consider the degree requirement to be unduly restrictive to U.S. workers.
 
Eb2/eb3

I want to use my Masters degree + 2 years Industry experience as a consideration to file under
EB2. I got my Masters degree after joining the current company but I have 2 years experience before joining
this company. Can I still use the above criterion
to file under EB2 with the current company.EB
 
sdk0077 said:
I want to use my Masters degree + 2 years Industry experience as a consideration to file under
EB2. I got my Masters degree after joining the current company but I have 2 years experience before joining
this company. Can I still use the above criterion
to file under EB2 with the current company.EB
Click to expand...


It is possible to file EB-2 with just Masters Degree without any experience if (i.e. BIF IF) the position (Job Titile) requires mimimum education as Master's Degree.

If you are an IT professional and your Job title will be Programmer, Software Enginnner, Systems Analyst ( or any such title for that matter ) then even if you have a Ph.D. you may not be able to apply for EB-2. Because as per DOL PERM regulattion all these IT related titles require only Bachelor level Degree an hence will qualify for only EB-3. The manager level positions will be able to apply in EB-2.

Good Luck. as per DOL.
 
sdk0077 said:
I want to use my Masters degree + 2 years Industry experience as a consideration to file under
EB2. I got my Masters degree after joining the current company but I have 2 years experience before joining
this company. Can I still use the above criterion
to file under EB2 with the current company.EB
Click to expand...


It is possible to file EB-2 with just Masters Degree without any experience if (i.e. BIF IF) the position (Job Titile) requires mimimum education as Master's Degree.

If you are an IT professional and your Job title will be Programmer, Software Enginnner, Systems Analyst ( or any such title for that matter ) then even if you have a Ph.D. you may not be able to apply for EB-2. Because as per DOL PERM regulattion all these IT related titles require only Bachelor level Degree an hence will qualify for only EB-3. The manager level positions will be able to apply in EB-2.

Good Luck.
 
Principal Engineer

Hello Friends,
I have gotten an offer from a telecommunication company as Principal Engineer. And the job requirement is BS + 5 years of experience. The job description is mostly architecting embedded communication software(more technical) than managing people. Am i eligible for EB2? I looked at O*NET prevailing wage and SOC code in http://online.onetcenter.org/link/summary/11-9041.00. It matches salary offer but comes under Engineering manager. Again, job is more technical than managing people. Thanks for your help.
 
I got my Masters degree after joining the current company. Does that stop my company from applying through EB2. (For ex. in the case of experience, only the experience prior to joining the current company is counted). My current company is the one trying to process GC for me.
 
clockwork said:
Hello Friends,
I have gotten an offer from a telecommunication company as Principal Engineer. And the job requirement is BS + 5 years of experience. The job description is mostly architecting embedded communication software(more technical) than managing people. Am i eligible for EB2? I looked at O*NET prevailing wage and SOC code in http://online.onetcenter.org/link/summary/11-9041.00. It matches salary offer but comes under Engineering manager. Again, job is more technical than managing people. Thanks for your help.
Click to expand...

I know Prinicipal Engineer is a senior level position but if it is not a managerial role then it will be very difficult to apply under EB-2 straightaway. You could apply in EB-2 by presenting it as a business necessity but your case will go in to an audit with much longer precessing time than usual 45-60 days promise of DOL

Good Luck.
 
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