criteria for EB2 for a Masters holder when the position requires Bachelors/Masters

[nagi049]

Hi,

I completed my Masters in US and I am on H1B. My company is going to apply for GC . During the discussion with Attorney, he told that EB2 can not be applied but GC can be processed in EB3 category. He say's the reason as that "Job does not requires a Masters degree". In the job role it was mentioned as Bachelors/Masters . As Masters is not mandated for my role, my application can not be filed in EB2 category. 

In addition to this, he mentioned that if I had Bachelors + 5years of experience or Masters + 3 years of experience he could apply for EB2. I have around 4 years of experience (2.5 in India and then did my Masters , 1.5 in US) . When asked him that I had more than 3 years of over all industry experience (including India) he said he can not consider my India experience as my highest degree is Masters and I had only 1.5 years of experience after my Highest degree .

 

Questions:

1. If the position says Bachelors/Masters and I have Masters with me, dont I be eligible to apply my GC in EB2.

2. Is my Indian experience not accounted if my highest degree is Masters and I had indian work experience before Masters.

3. When he says that I am eligible for EB2 if I had 3 years of experience after Masters, how should we see this. Because , even after I touch the 3rd year of my experience the position still remains the same (with change in job roles and responsibilities) . Still the core issue remains the same, the POSITION DOES NOT MANDATE MASTERS.

4. My attorney also told about some points, I think he told that Bachelores+5 years is 7 points and Masters+3years is 7 points. Inorder to apply for EB2 , we need to have 7 points and thus I need to wait to get the 3 years of experience before he could apply for EB2.

 

Thanks!
Naga 

[JoeF]

If the position doesn't require a Master's, the case can only be in EB3, even if you had a PhD. The job requirements determine the category.

A Bachelor degree + 5 years of progressive experience in the field past the Bachelor would equal a Master's. It doesn't matter in which country you got the experience. But again, that would only matter if the job requires a Master's degree, since the job requirements determine the category.