EB2 or EB3 Urgent help BCS(CM) + PGDCA+ MCA

[sksharma_3]

Hi All,

My employer is ready to file Green card for me and they are ready to file it in EB2 category. I just wanted to know if I will see any issue later on because of my 3 years BSC Degree? My attorney is saying my education is equal to Masters degree in computer application in USA so there should not be any issue but still I am worried.

My Educations details:

BCS ( Bhysics, chemistry, Maths) – 3 Years

PGDCA - 1 year

MCA - 3 Years

All degrees are from accredited universities in India and full time.

I have 8 years of experience ( first 5 years in India then 3 years in US) in IT field before my current employer.

Job description which my employer has shared with me for GC is:

Role - Lead Software Engineer.

Require Master’s or foreign equivalent in Computer Science, Engineering (any) or related.

My Academic evaluation is saying my Education is equal to in US is - MASTER'S DEGREE IN COMPUTER SCIENCE

I am worried if I will face any issue later on because of the education I have and job requirement says for EB2.

Need urgent help please suggest?

[sksharma_3]

Need urgent help. Anyone please suggest?

[shandan]

Not sure what you are looking for as advise, you have what you have. The evaluation says you have a US Masters Equivalent.

If the job description/requirement/business needs qualify the job for an EB2 with an Advanced Degree, then you have the qualification to meet it.

Now, if you are worried that USCIS will not agree with the evaluation of your qualifications, then not sure what can you do in such a scenario. Do you plan to do a Masters in US to ease your concern ?

[sksharma_3]

Hi shandan thanks for the response,

I am not planning to do Masters from US :)

I have two concerns:

1. Lot of people on the internet are complaining that USCIS has denied their case when they are having 3 years BCS (PCM) + MCA. Even their Academic evaluation says equal to Master’s in USA.
   

Reason for Deny: Master degree is based on 3 year bachelor degree instead of 4 years US bachelor degree. – Any comments on that?

1. I am eligible for Both of criteria of EB2 ie: Masters and Bachelor + 5 years of experience. But my job requirement says
   

Job posted : Require Master’s or foreign equivalent in Computer Science, Engineering (any) or related.

My job requirement has not saying anywhere that they will accept Bachelor+5 years’ experience in case candidate don’t have Masters.

In case my employer modify the job requirement like - -- Master’s or foreign equivalent in Computer Science, Engineering (any) or related or Bachelor or US equivalent + 5 years of experience.

In this case my company can still apply EB2 on the basis of my Masters Degree. But let us suppose if USCIS do not accept my Masters later on during 140 or later stage and going to Deny my case. Then we can also ask USCIS to consider my Bachelor + 5 yr experience for same EB2 case and don’t deny.

Do u think my current job requirement is correct or can be modified to save me for both the criteria of EB2 if required later on?

I have limited experience in GC process, so please suggest.

[shandan]

First things first, if you are not considering a US Masters then your worrying is not going to do anything, so go ahead and apply. If there is an RFE then your reply to it.

Second, you cannot have a job description requireing Master and Bachelors both, coz if the job can be satisfied by a Bachelors it then qualifies for EB3 only.

See I am of the opinion, that don't stress yourself about something you are not going to do anything about.

So your situation is what it is, you apply and hope it works.

Get a proper consulation with a good immigration attorney, take the job requirements to them and let them suggest you the course going forward.

[sanath_UK]

Hi All,

My employer is ready to file Green card for me and they are ready to file it in EB2 category. I just wanted to know if I will see any issue later on because of my 3 years BSC Degree? My attorney is saying my education is equal to Masters degree in computer application in USA so there should not be any issue but still I am worried.

My Academic evaluation is saying my Education is equal to in US is - MASTER'S DEGREE IN COMPUTER SCIENCE

Your attorney is wrong..A Bsc with PGDCA or MCA is never equivalent to

MASTER'S DEGREE IN COMPUTER SCIENCE(US standard).May be your attonrey wants to first file and get the filing fees and then extra fees for RFEs etc..

[sksharma_3]

In case later on due to some xyz reason USCIS will not accept my degree equal to US masters and reject my EB2 case at I-140 orI-485 stage, then can I use below options?

1. Can I convert my case from EB2 to EB3 instead of USCIS to reject it that time?
   
2. In case we will file new case in EB3 that time then what will be my Priority date?
   

[shandan]

• Can I convert my case from EB2 to EB3 instead of USCIS to reject it that time?
  
  • It a complicated answer and actually depends on what stage you are talking about to switch categories, if you have a I-485 filed and you need to change categories from EB2 to EB3 then you need to start with a EB3 PERM and then I-140 and once approved then apply for interfile to switch categories, but that has probably never the case someone down grading the category by interfile. Otherwise in most cases you need to start afresh.
    

  [*]In case we will file new case in EB3 that time then what will be my Priority date?

  • The New PD (if the there was no prior approved I-140) will be based on the New EB3 PERM.
    

[catx]

The USCIS does not consider it a valid process to apply for a higher qualification employment based (EB) category (e.g EB-2) and then if not approved / denied move the application + petition to a lower qualification category (e.g. EB-3). ('I will try this and if it doesn't work, then I will try for the other' does not work.) Your immigration filings need to be specifically for the EB category for which genuinely qualify, and can demonstrate with supporting documentation.