Eligibility for EB2 / EB3

[ramanpreetji]

Hi There

My Question is - Am I eligible for EB2 or not? below is my case

 

I am on H1B and working with an Indian IT company from past 8 years, I was transferred to USA 1.5 years back. 

 

I am now planning to leave my company and transfer my H1B to some other company and they will apply for my Green card in few months. 

 

I have total 12+ years of Experience and all of that is in my domain i am here working on. My Education is 12 + 3 Years of Full Time Bachelors from Delhi University  total 15 years regular education. 

 

Company that is hiring me is saying They can apply my GC in EB2, but I have a doubt about my education not being 16 years. how ever they are saying if I fulfill 5 years of professional experience in domain that I am currently in, I can. 

 

so am I eligible for EB2 or I have to go for EB3? 

 

Answer on this by the law experts would be really helping in accepting the offer of other company. 

 

Regards

[rahul412]

I think you should be eligible for EB2 taking your work exp into account. But is that GC job eligible for EB2?

[ramanpreetji]

How Can I check that - if that job is a GC Job eligible for EB2. 

[rahul412]

How Can I check that - if that job is a GC Job eligible for EB2. 

Does that GC job has any req or not?? Job requirements decide the category.

[itsmeusa]

You can't. Only when your application reach I-140 stage, USCIS will decide if you are eligible for that job and also USCIS will approve whether your application be so considered as EB2 or EB3. 

[storagearchitect]

Hi,

   I joined *************** in fall 2011 and graduated in dec 2012 and the university got accredited on 1dec 2012 and it means my masters degree is accredited.Prior to 1dec 2012 the university was in candidacy state(Pre-accredition).So do i qualify for EB2 greencard filing.please see the attached documents for a confirmation from Western Association of schools and colleges(WASC) which has pushed back the accredition from 02 apr 2013 to 1 dec 2012...

[itsmeusa]

You are qualified to file under EB2, but you need to check with lawyer / employer if the job really requires EB2 qualified person like you.