EB2 versus EB3 with 90 months of experience

H

huligi2002

New Member
Hi,

I have a BS and an MBA from India and am working as a software engineer in US for 3 years. I am filing for my labor now.

I have total work experince of 90 months ( before and aftre my MBA)

1) My lawyer he can file me in EB3 and not in EB2.I fail to understand why. I have a masters or even if masters is not considered, then I have a BS plus 90 monthsof experince. Is there a technical catch . I worked aftre my engineering for 2.5 years then did my MBA and then started working again. The why shouid i not be filed in EB2 . What si this thing called BS+5 years of progressive experience ?


Some one please advise.

Regards,
 
hi huligi2002,
For EB-2 category, your postion should need a masters or 5+ yrs. progressive experience - and should be defined like this by ur employer.
So fact is that, employer's requirement + one's qualifications JOINTLY qualifies him/her for B2 or EB3.
cheers!!
Ranen
 
When I was applying for GC(I have BTech with 8 years IT experience.). That time, I requested my company to process GC in EB2 but, they said while applying for my H-1B job description was not mentioned such a way to meet the requirements for EB2 (??). Eventually they went with EB3. Later on I found that my LC was approved in 11 months (both Michigan State and Federal, I-140 in 5 weeks), for all EB2 folks most of them got enquiries on Salaries, which is not matching for EB2 category and industry standards.

By comparison, in my case there was no delay by going through EB3. Put your case strongly with your employer for EB2, later stages it might help (Now CP and AOS are current though)

Originally posted by huligi2002
Hi,

I have a BS and an MBA from India and am working as a software engineer in US for 3 years. I am filing for my labor now.

I have total work experince of 90 months ( before and aftre my MBA)

1) My lawyer he can file me in EB3 and not in EB2.I fail to understand why. I have a masters or even if masters is not considered, then I have a BS plus 90 monthsof experince. Is there a technical catch . I worked aftre my engineering for 2.5 years then did my MBA and then started working again. The why shouid i not be filed in EB2 . What si this thing called BS+5 years of progressive experience ?


Some one please advise.

Regards,
Click to expand...
 
EB2 requirements

For EB-21(Persons holding advanced degree)

1) Position MUST require higher degree.
2) Candidate MUST have higher degree.

3) Salary is not an issue, Prevailing wages for 'the position' would suffice.

4)The LC should indicate that the position is the one which requiring adavnced degree.

Software Engineers, DBA s, MIS Managers etc ... OK

System Analyst, Analyst Programmer ... NOT ALWAYS OK :p

Higher Degree is defined as follows

1) A Degree higher than a collegiate professional degree in US or its foreign equivalent (No experience necessary unless the position requires so)

2) A Bachellor Degree and 5 years of incremental work experience AFTER THE DEGREE in the same profession is considered as equivalent as a Masters Degree.

So If Masters + 3 = BAchellors + 8.
Just Masters = Bachelors + 5

The experience should not be attaine while working for the current employer(Petitioner)

If all the above requirements are met I can CHALLENGE YOU HAVE A CHANCE LEAGALLY FOR EB2

It does not make a diffrence EB2 or Eb3 right now. But you never know in the future when the priority clock TICKS BACK....

Good Luck !
 
EB2 versus EB3

After BS in India , I ahd 36 months of work experience in software

Then I did 2 year full time MBA in India . Aftre that I am working for 40 months in software.

What do you mean by BS+5 years of progressive experince to qualify for EB2 ? Does it mean working without a break even for education ? Please advise.

Regards,
 
tsendil,
I think,U r an EB2 candidate, provided ur positon needs the higher qualification !!!
cheers!!
Ranen
 
Good Luck

from the facts you have presented, I am 100% positive, as long as your employer can prove that the position requires a Higher Degree, You are qualified to be an EB2 candidate. No doubt about it as long as you have at least one subject in MS relating to your profession For eg. History in MS is not aqualification for a position of Chemical Engineering (Unless you can verily prove that chemistry begins with the history of ALCHEMY :D ) .

If you have Bachelors degree in your profession and 5 years after that (As it it appreas in your case) , you are qualified too.

It DOES NOT MATTER you did your Masters in between in HISTORY :D .

Incremental Qualification can be some thing like (Started as a programer then analyst, then software engineer in the SAME PROFESSION IT)
It does not matter if you begin as a SOFTWARE ENGINEER. But Questions can arise if you go in the other route. Software Eng --> then Analyst --> Programer :D :D

Tryto advertise for MS + 3 , if you have your degree evaluated to be equivalent to MS and it is some what related your profession(I don't think an MBA after BS will have any problem).

Good luck man
 
Hi All ,

Thanks for the reply. I have a 1.5 years experince where my title is Management Trainee. This is a full time employment in India with a pay where i worked as a sofware Engineer but under the title 'Management Trainee' . In CAmpus recruitment large companies give those titles and retain you for 2 years.

I have a letter from this company which says I was a full time employee working in the IT department of the compnay working on Unix, RDBMS Ingress and designed and developed software systems.

My lawyarer got my experince evaluated and is saying that I
do not have 5 years of progressively more responsible
employment experience as my title was management trainee.

Is INS so tough on titles. I have a letter form the compnay and the payslisps. It was a 48 hour/week job. I am not sure why i should let go of 1.5 years of experience just becuse of my title while i have a letter to state my job reponsilbilities.

Please advise.

Regards,
 
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