EB2/EB3 eligibility


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Hi Sir/Madam,

 

Currently, I am in USA under H1B visa since December 2014 and before that I was in USA for 3 years in L1B visa from Feb 2012 till Nov 2014. My company is saying that I am not eligible for EB2 as the experience gained in USA is not considered . I have 6.5 years of experience in my current company( 2 years in India and 4.5 years in USA ) and 2 years from my first job.

 

Educational qualification: BE and MBA full time from India

Total experience: 8.5 years over all,out of which 4.5 years in USA.

 

I am seeing in USCIS site mentioning that the eligibility is adance degree and 5 years of progressive exp.Am I not eligible for EB2?

 

Regards,

 

Subramani G

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Hi Rahul,

 

Thanks for your reply. Could you please elaborate on the job description part and how it is going to help me with Eb2 filing.

 

Regards,

 

Subramani G

EB GC category depends on the GC job description, if that job is under EB2 then it will filed under EB2. It doesn't matter what degree or how many degrees applicant holds. You may have Ph.D but your GC job should fall under EB2 in order to file your GC under EB2.

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  • 2 months later...

Hello Sir/Madam,

Background:

  1. Currently on H1B (First H1B issues in Oct 2013)
  2. Masters Degree from the US (MBA) but working as a programmer now
  3. 2 years 9 months Full-time experience in india
  4. 2 years 2 month Full-time experience in the US
  5. 1 month for a small IT firm (got paid only for 2 weeks but worked for 4 weeks) - Only have the W2 from the company to prove employment
  6. 8 months of internship (full time internship) in the US

Current Job Description Requirements: Bachelors degree + 3 plus years of work experience

My Questions:

1. I have 4 years and 11 months of full time experience (2 weeks short of 5 years if I do not consider my 1 month working for a small firm in the US as they might not be willing to provide the required documentation). Given my job description only requires a Bachelors degree with 3+ years experience. Will I still qualify for EB2?

2. Can we show the 8 months of full time internship as work experience to qualify for the Bachelors + EB2 criteria ?

3. Is the I140 processing time for EB2 and EB3 different ? (Asking this as I would have to switch to a new firm if they cannot file under EB2)

Regards,

Aditya

 

  

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