Am i not for Eligible under EB2 Category?


dheerajnamburi

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EB2 qualification is by the job employer is offering you in future. If that job requires a Masters Degree or BS+5 yrs ***progressive experience.

You surely have a masters degree but are you sure you are doing a job that required a minimum MBA degree?

***Experience gained at working with employer who is filing GC is not considered unless you got promoted or was significant change in salary and duties while employed with the employer

So if your employer is ready to pay you EB2 wages and the future job requires MINIMUM masters or BS+5 you qualify.

Eg. Even though you have Masters and your are employed on a position for which even a BS(4 yr degree)+4yrs experience person will qualify .. your employer cannot file your GC in EB2 . If he does .. there is 80-90% chance he will get audited during the labor(PERM) and that audit process may take more than a yr for a labor to get cleared or denied.

The EB3 route mostly employers take as candidates are mostly over qualified and have greater degree of success in getting I-140 approved.

Even though you may not be getting sponsored for EB2 right now, go for EB3 , If you get your I-140 approved then you can change employers and also get infinite H1B extensions till EB3 priority dates become current for you. Best part is once you have I-140 approved you will have your priority date locked and later down the line if you find a employer who is ready to do EB2 , you can change employers and port the priority date.

E.g. Lets say you Eb3 i-140 gets approved in May 2012, so that will be your priority date. Lets say you find another employer in Jan 2013 who can do Eb2 for you .. you can again get GC process restarted but retain ur priority date of May 2012. While if you dont file EB3 right now and start EB2 directly in Jan 2013 .. you will get I-140 approved in say May 2013 so you will eventually end up losing 1 full year on your priority date.

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