EB2 vs EB3

A

asuthan

Registered Users (C)
Hey,

I graduated with a double bachelor’s degree in Computer Engineering and Computer Science in 2001 from Georgia Tech (Atlanta, GA). I started working for an Atlanta based Software Company in Feb 2002 (H1 B visa) and so will be completing 5 yrs with my current employer in Feb 2007. I started as a Software Engineer and was promoted last year (after being with the company for 3 yrs) to a Senior Software Engineer. Most other employees with a similar title either hold a Master's degree or have several years of work experience (7+ years).

Based on the above I had the following questions:

1.
Would this qualify me to apply for my GC under the EB2 category OR
Do I need to wait until Feb 2007 to file my application under EB2?

2.
If I need to wait until Feb 2007 for EB2 - would it be better to file my application right way under EB3 for an earlier priority date OR should I wait to file it under EB2?

Thank you,

Abhishek.
 
Well, I have a question first: did you work for someone else after your Bachelor's degree, and prior to your current employer?

It seems from the information that you provided that when you started with the current employer you had only BS and 0 months experience. If that's the case, that is how you should apply, because what matters is what were your qualifications when you started work for the petitioning employer. I do see you got promoted, however you got promoted when you had BS+3 yrs experience, which if shown will not qualify you for EB2. If not shown, let's say you state you will start the Senior job upon GC approval, then you can do BS+5 progressive for EB2. For this option, you not only have to wait till you have 5 yrs, but you will have to prove that the Senior position is substantially different from the one you did because you are already employed by the employer and you are claiming experience with this employer.

I honestly believe your best options are:
Option 1, find a new employer for a senior job, that way you will use Bs+5 and file for EB2
Option 2, apply with current employer for EB3, and do only BS+0 experience because when you joined the employer you had no experience if that is the answer to my first question.
 
Hey braniand,

Firstly, thank you for your response and feedback.

In response to your question – I did start working for my current employer with BS + 0 months experience.

Even if I do apply as EB3 is there anyway I can leverage the experience I’ve gained over the past 4 ½ years with my current employer to make my application stronger. Something to the effect that after being promoted to a Senior Engineer the company is interested in securing my GC as they would like to offer me a significantly different position with more responsibility. Would this allow me to apply for EB3 with BS + 3 years experience?

Thank You,

- Abhishek.
 
Definitely you can do that. However, most likely it will come to an audit because you will be using experience with the current employer, which means you have to prove that the new position is 50% different than the new one or business necessity. Neither one is easy to do, and it will mean additional time and efforts on your part.
 
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