GC Processing EB2/EB3

[aparna]

Query is regarding GC eligibility:

I’m on H1B working as a full time I.T. employee. My education is 10+3 yrs Diploma in medical Electronics+ 2 years Post Graduate Diploma in Business Administration from India. I have 11 yrs of work experience. Am I eligible for GC processing under EB2 or EB3 or none of these? Also, in such cases, how the 4 years bachelors degree equivalence is usually done? Is it by evaluating 3 yrs diploma itself against 4 yrs U.S. degree OR 3 yrs diploma+ 3 yrs experience=4yrs degree OR 3 yrs Diploma+ 2 yrs PGDBA ( although it is not in Technology; but Business Adm field)=4 yrs degree? For my H1 evaluation was done by equating 3 years diploma+ 3 yrs work experience= 4 years degree. Does it work here?

[Attorney_14]

Please be aware that the USCIS has different rules for education and experience equivalency for H1B cases as it does for Green Card cases. One cannot use the three years of experience to equal to one year of post-baccalaureate education for the Green Card cases. Also, note that the EB category for Green Card cases is based on the minimum requirements needed for the sponsored position by the employer rather than based on the beneficiary's education and experience.

If you have specific questions in regard to your case, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.