EB2 with Bachelors degree and 6 yrs of experience

[gcwaiter_74]

I have Bachelor's degree with 6 years of experience. My lawyer applied for 140 under EB2 category. Will this be a problem? Will there be any chance of RFE? Is it possible to change from EB2 to EB3? If INS determines the case is not approvable under EB2, will they automatically process under EB3 or is any amendment required? Please advise

Thanks,

 

[cvgupta]

as i understand, if you have Bachelors degree + 5yrs experience, you can apply via EB2.

look at: http://www.murthy.com/eb2.html

hope this helps.

 

[nkm-oct23]

Originally posted by gcwaiter_74
I have Bachelor's degree with 6 years of experience. My lawyer applied for 140 under EB2 category. Will this be a problem? Will there be any chance of RFE? Is it possible to change from EB2 to EB3? If INS determines the case is not approvable under EB2, will they automatically process under EB3 or is any amendment required? Please advise

Thanks,

What determines EB category is NOT what your qualifications are but what is the minimum requirement for the job. If the job requires BS and 3 years experience and you have BS and 10 years exprience or have an MS degree, you can apply only under EB3. You have to meet the minimum requirements for the job.

For EB2 the job requirement should be either MS degree or higher OR BS degree with 5 or more years of progressive experience (menaing experience gained after graduating). Moreover these requirements have to be clearly stated in the Labor Certification application.