EB3 to EB2 Eligibility - URGENT

[super25]

I am looking to apply GC under EB2 as i think I am now eligible for it by getting a masters degree (MBA) here and also having 9 years of expereince. My current employer was willing to file GC application but our company attorney told them that i am not eligible because my 3yrs indian degree + 1 year indian diploma would not count as american bachelors and also because my current job description does not require a masters degree.

I am not sure how much of these 2 statements is valid may be attorneys on this forum can give the correct answer for me. Let me know the options i have in this situation. Thanks so much

[Joe.F]

The job requirements determine if EB2 is possible. You could have a PhD, if the job only requires a bachelor degree, it would still be in EB3.

Further, there have been lots of denials with 3-year bachelor degrees.

So, the lawyer is right.

[t75]

Find a EB2 qualifying job

[super25]

But i have Bachelors + 7 yrs of exp excluding my current employer, does that qualify me for EB2?

[cowboys26]

Originally posted by super25:

But i have Bachelors + 7 yrs of exp excluding my current employer, does that qualify me for EB2?

A 3 year bachelors degree seems to be a problem generally (although there are exceptions..)..get in touch with a lawyer and evaluate your case..

[t75]

The job determines category and you must meet the qualifications for the job.

PLEASE READ THE FORUM FOR A BETTER UNDERSTANDING OF THE ISSUES AS THIS HAS BEEN DISCUSSED REPEATEDLY. (Yes I was YELLING.)