EMPLOYER WILLING TO DO EB3 INSTEAD OF EB2 :(


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Hello all,

I am new to this forum

I did my master's in US and completed in 2010 dec

I have a question about EB2 eligibility, as I read previous posts about the elibility and all..mine was a different issue..my employer itself is not willing to file under EB2.. I am not askng him to apply right now..may be after 2-3 years wrkng under him....but he told me that..even after 3 years also they are gng to file under EB3 itself..

what should i suggest them..to file under EB2?

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For EB2, the job has to require an advanced degree. You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

And the employer can not arbitrarily say that the job is in EB2. For example, if people in similar jobs in the company don't have an advanced degree, then the case would be EB3. Otherwise, the employer would basically claiming that all the other people without an advanced degree are unqualified to do the job...

If you get promoted to a job that is significantly (i.e., >50%) different from the current job, and that requires an advanced degree, then the employer could file an EB2 case for you.

The other option would be to find another job in another company that requires an advanced degree.

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The job offer dictates that, not your wish.

if they are not willing, then join other employer...is that difficult?

thanx for the replyy bro

the job description says tht it needs bachelors degree only..but wht if i promoted to a higher position with in a year or soo..in which the job descripton for tht position requires a advacned degree..then I can ask them to file under EB2 right?

it's not difficult to change..but..i like the wrk Environment here :)

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For EB2, the job has to require an advanced degree. You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

And the employer can not arbitrarily say that the job is in EB2. For example, if people in similar jobs in the company don't have an advanced degree, then the case would be EB3. Otherwise, the employer would basically claiming that all the other people without an advanced degree are unqualified to do the job...

If you get promoted to a job that is significantly (i.e., >50%) different from the current job, and that requires an advanced degree, then the employer could file an EB2 case for you.

The other option would be to find another job in another company that requires an advanced degree.

thanks joeF....

what is > 50% mean..is it related to pay or position?

and wht if I promoted to job postion which is >50% but still..some employees in the company with my position still doesn't have an advanced degree (i.e. we both are in the same position, but he doesn't have a master's degree?)

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