Requirements to qualify for EB2 !

[GCard_Dream]

Would someone please help me find answers to the following questions. My I-140 is pending under EB3 and I would like to file another labor under EB2.

1) Does the 5 year experience required for EB2, if you only have BS, have to be after you received your BS degree? In other words, if I did any internships while still pursuing BS degree, can that experience be counted towards the 5 year experience requirement or the work experience has to be strictly after receiving the BS degree.

2) Since my PERM is approved and I-140 pending under EB3, can my employer re-file another PERM under EB2 if I qualify for EB2.

I would appreciate any help on this. Thanks.

 

[luckyPBPCer]

Would someone please help me find answers to the following questions. My I-140 is pending under EB3 and I would like to file another labor under EB2.

1) Does the 5 year experience required for EB2 if you only have BS have to be after you received your BS degree? In other words, if I did any internships while still pursuing BS degree, can that experience be counted towards the 5 year experience requirement or the work experience has to be strictly after receiving the BS degree.

2) Since my PERM is approved and I-140 pending under EB3, can my employer re-file another PERM under EB2 if I qualify for EB2.

I would appreciate any help on this. Thanks.

Hello there,
I also have questions on this. If you happen to hear anything could you please let me know? Thanks.

 

[scatcat]

experience before joining the employer

I think to be on safe side your experience has to be after BS degree. However if Lawyer can really put your case in a good fashion you can get away with it. So experience always counts before joining your employer who is filing for GC.

One employer -> one employee -> one PERM atleast that is what this forum is seeing. However there was one person who has gotten an approval before for EB-2 with the same employer after having an EB-3 approval.

Would someone please help me find answers to the following questions. My I-140 is pending under EB3 and I would like to file another labor under EB2.

1) Does the 5 year experience required for EB2 if you only have BS have to be after you received your BS degree? In other words, if I did any internships while still pursuing BS degree, can that experience be counted towards the 5 year experience requirement or the work experience has to be strictly after receiving the BS degree.

2) Since my PERM is approved and I-140 pending under EB3, can my employer re-file another PERM under EB2 if I qualify for EB2.

I would appreciate any help on this. Thanks.

 

[GCard_Dream]

I think to be on safe side your experience has to be after BS degree. However if Lawyer can really put your case in a good fashion you can get away with it. So experience always counts before joining your employer who is filing for GC.

You raise a very good point about how an experience can be presented by the lawyer to the USCIS prior to joining the company. I guess the question now is whether the USCIS has specifically mentioned anywhere that the experience has to be post-degree and any experience gained prior to receiving the degree won't count. Here is what it says on the state department web site about EB2:

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

Notice it only says 5 years experience in the profession and doesn't explicitly mention post-degree. Any thoughts.

 

[great guru]

Progrssive experience start only after you have approved professional education./degree obtained.

(e.g) Civil Engineer Profession start once you acquire a BS Civil Engineering Degree.

Family Practice doctor, progressive exp start once he got his MD professional degree. (Some cases after degree state license also required to practise in some profession)

You raise a very good point about how an experience can be presented by the lawyer to the USCIS prior to joining the company. I guess the question now is whether the USCIS has specifically mentioned anywhere that the experience has to be post-degree and any experience gained prior to receiving the degree won't count. Here is what it says on the state department web site about EB2:

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

Notice it only says 5 years experience in the profession and doesn't explicitly mention post-degree. Any thoughts.