EB3 vs EB2

[snadeeprameja]

Hi. I have 4 yrs bachelor's in engineering from India. I also have 2 yrs full time regular MBA from India. I have 3 yrs experience in India followed by 4 yrs experience in US. My employer says that I must have 5 yrs experience outside US after the Bachelor to qualify for EB2. Is this correct? I have a total of 7 yrs (3IN + 4US) experience all with same employer. Please guide.

[pontevecchio]

Experience with the same employer will not count. You can certainly try with another firm for a EB2 job.

[ateetshah]

Experience with the same employer will not count. You can certainly try with another firm for a EB2 job.

That is completely wrong assumption.

As long as your current job duties are 50% or more different from your previous job duties, experience with same employer can be used.

Also if your employer has different FEIN from current vs previous roles, experience can be used. Eg. XYZ NJ Inc vs XYZ NY Inc.

[pontevecchio]

It is so easy to jump the gun. The OP says his employer told him that his experience with the employer did not count. Using euphemisms or giving advise based on very little information is always dangerous. I would advise the OP to ignore my post and the post by the dude and discuss your future with a Lawyer.

[JoeF]

Hi. I have 4 yrs bachelor's in engineering from India. I also have 2 yrs full time regular MBA from India. I have 3 yrs experience in India followed by 4 yrs experience in US. My employer says that I must have 5 yrs experience outside US after the Bachelor to qualify for EB2. Is this correct? I have a total of 7 yrs (3IN + 4US) experience all with same employer. Please guide.

First, experience with the same employer doesn't count unless the GC job is at least 50% different from the current job.

And second, but way more important, the JOB has to require an advanced degree. It is obvious that the job doesn't require it (the employer says it is EB3.) No amount of experience, regardless of where, can change that.

[ateetshah]

First, experience with the same employer doesn't count unless the GC job is at least 50% different from the current job.

And second, but way more important, the JOB has to require an advanced degree. It is obvious that the job doesn't require it (the employer says it is EB3.) No amount of experience, regardless of where, can change that.

Your assumptions are broad and inaccurate. OP never says his employer Iis saying it's EB2 or EB3. He just wants to know facts.

And BS + 5 is not advanced degree.

[t75]

If the attorney has made the determination, it is based on the specifics of case and candidate.  Opinions from a forum as to whether it is possible for another filing category are worthless.

[Kal.911]

Same repeated question..

 

Please read the answers by immigration experts answering the same exact question again and again. 

 

Please refer to the answers provided for the same EXACT question for atleast 10 times on the first page itself of the "EB2/EB3 - Education & Experience" topic.

 

If you ask repeat questions, we all look not so progressive in understanding the immigration laws.