diploma plus degree EB2

[srini4]

I have 3yr polytechnic computer science diploma and BE computer science 3yr degree (direct entry to 2nd yr). With 10yr experience, I wanted to file EB2 but it was filed EB3 (140 approved) citing my education as 'Associate Degree'. Is this fair, is there a guideline from USCIS on this, are there other cases like this? Is there anyone with similar education filed EB2 recently? Can I re-file it under EB2, any risk involved?

[SameerH1Bworker]

USCIS do not consider any deploma. So, as you joined BE from 2nd year it will be just 3 years of B'lore. USCIS considers 4 years B'lore + 5 years of experience for EB2.

However, if your credential evaluation says you've equivalent BS degree of US then talk to your attorney & discuss.

[t75]

YOU cannot refile anything!!! YOU have no control over this situation.

The attorneys advising your employer must comply with the laws and the strict requirements for filings. If you don't like it, find a qualifying job once you have qualifying education.

[veni001]

This is what Murthy Attorney 14 said for a 3-yr degree from IND in response to same question by different person.

"In general, it is well settled case law that an Indian 3-year Bachelors degree will not be able to be used to equate to qualifications necessary for an EB2 Greencard position, no matter how many years of experience or Indian PGDs one has. However, there is a separate category for individuals with exceptional abilities who are working in a job that requires these abilities to qualify for an EB2 position even having a 3-year degree. These applications have higher standards that can be difficult to meet, however, if you think you may qualify, you should consult a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys."