EB2 eligibility with current employer

[adigold369]

Hi ,

I started my work in August 08 in US for a company 'X'. I had prior experience in India for about a year and a half. So technically my experience is 3 years 9 months

Now in 2011 I changed my company to 'Y'. This company has employees already working and the requirement while processing for their GC under EB2 is MS with 3 years experience. Can the requirement be changed from employee to employee.

Recently I got to know that the attorney for this employer does not consider experience prior to MS ,so now my experience comes down to 2 years 5 months with MS. My question is am I eligible for EB2 if my manager changes the requirement to MS with 2 +years of Progressive work experience. If not is there any way I can force my employer to consider my prior experience.

Thanks in Advance.

[karanmokati]

No, the requirement cannot change from employee to employee. EB qualification is based on the job and the employee and one cannot "force" an employer to change the EB category. What you may do is file under EB3 and get into the line. Once you qualify for an EB2 position, reapply under EB2. In this case, atleast you can retain your priority date.