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QuestionV

GC Application and Promotion in Job

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Hello,

 

I am new to the green card process. My employer is likely to apply for a green card after I complete one year on H1B. Currently, I am eligible for EB3 category as the job does not require masters degree.

I have a masters degree from USA and 3 years of cumulative work experience (2 yrs in India + 1 year in USA). I have two questions which I consider important before I talk to my employer further about the GC application.

 

i) Does a two year MS degree from USA and 3 years of total experience make me eligible for GC in EB2 category even though the job doesn't require a MS degree?

 

ii) In 2015, I will get major promotion after getting PE license in engineering. Which will be a better time to apply for GC: 2014 as Staff Engineer II OR in 2015 as Project Engineer I?

The Project Engineer I leads to Project Engineer II in about three years. So, the Project Engineer title is likely to be there for 5-6 years before obtaining a managerial position.

If the employer applies for a green card in 2014 when I am a Staff Engineer II, the job description and position will change in 2015. Will that cause problems?

 

Thank you.

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The job MUST require a masters or bachelors plus 5 years of progressive experience no matter what your qualifications are.

 

Experience obtained at sponsoring employer does not count towards experience requirement.  Once your employer decides to pursue GC for you, speak with his attorney about your options.

 

Note. A PE does not require anything more than a BS and 4 years of experience as well as the exams.  Having a PE will not qualify you for EB2.

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i) Does a two year MS degree from USA and 3 years of total experience make me eligible for GC in EB2 category even though the job doesn't require a MS degree?

 

 

Simply put, no.  As has been stated innumerable times before, it is the job description and qualification requirements that determines the EB preference category, not the employee's education and experience.  If the job is in the EB3 preference category (e.g. does not require a Masters degree), then it will continue to be in the EB3 preference category regardless of the employee's degrees and experience.

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The job MUST require a masters or bachelors plus 5 years of progressive experience no matter what your qualifications are.

 

Experience obtained at sponsoring employer does not count towards experience requirement.  Once your employer decides to pursue GC for you, speak with his attorney about your options.

 

Note. A PE does not require anything more than a BS and 4 years of experience as well as the exams.  Having a PE will not qualify you for EB2.

Thanks. Can the experience gained at the sponsoring employer be counted if the GC filing is for a different position? AND Can the GC be filed under EB3 if the job requires bachelors plus 5 years of experience? Are 2 years of MS also counted towards experience? These may be very obvious queries, but like I said this is the first time I am exploring GC options.

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