Eb2 with 5 years US exp+BS (usa)+ 2 years Ind Exp? Plz help


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Currently on 1st h1b [1st year]

Experience: Jan 07- Jan 012 [5 years]: America

Graduated: BS: Comp Sc - Aug 08

India Exp: Aug 04 - Aug 06: [2 years]:

Employer: American Firm

Job requirement definitely requires 5 to 6+ years of work exp:

So, with 7 years work exp [incl 2 years india] and american BS degree, can you please advice me that does my case sounds like an Eb2 fit for starting GC?


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A common misperception is that the EB category is based on the employee beneficiary's education and experience credentials. In actuality, the EB category is based on the minimum requirements needed for the sponsored position by the sponsoring company.

I recommend that you contact a knowledgeable immigration attorney to obtain answers specific 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.

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  • 3 weeks later...

Your credentials arent clear and therefore cant give you a good advice. Have you been working in this american company for 5 years in the same posiiton? The most important thing is Job Requirment. If the job requirment says we need BS+ 3 years expreince then whether you have BS+7 yrs experience it doesnt matter you will still fall in EB3.

However if your company says we need BS+ 5 years experience then again im not sure where you stant becase I dont know your credentials. Please remember that your experience in current position ( posiiton filing GC for) in current company (company filing for your GC) doesnt count. For example you joined American company as Sr IT engineer and have been working for 5 years under that position and they are filing for labor clearance of Sr IT engineer then all the experience you have gained for last 5 years will not count and also the requirement BS+ 5 years experience will not make sense because when they hired you you didnt have 5 years experience. Its actually quite complicated. You need to give more detail.

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Thanks freshofftheboat for your valuable time and insights into my situation.

I have changed employer to a new employer now in 2012, so that means that all my previous ex-employers [2 employers: same guy 2 companies], 5 years will be counted. Apart from this, i have heard the following rumors, can you confirm if they are false or not?

1. Only the work experience after a person completes his Bachelors Degree is counted towards the GC requirement? If this is true, then since i graduated in 08 august, i will only have 3.5 years work experience :(

2. Any work experience shown outside the US (for example in my case: 2 years India) is a potential Red Alert from USCIS because of deep scrutiny and risks involved. True ? ====> then it's much better to not show any of the India experience?

3. Also, does it depend on the employer's reputation as well [whose filing for your GC in EB2] for the uscis to reject/accept your various stages of GC ? For example, a desi employer with a known track record of # of audits/scams is a surely fail, however an american staffing firm with employees in thousands and offices nationwide + on stock market should be a good choice ?

Do advise, thanks !

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Your job experience from India should def count if it is genuine and you have all the paper work in place.

Please remember that your attorney should be able to give you the answers, because a lot of decisions are made by him/her. He can easily determine if the job you did in India does indeed count towards your current job and hence your GC process. When I did my bachelors, I did 1 year internship in a company-and it got counted as experience in GC process.

Also, the company that applies for your GC also matters. IF they have had several rejections, RFE etc then yes they will be scrutinized more and you are taking a risk.

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  • 3 weeks later...


Please advice if I qualify to file on EB2.

1) Bachelors of Commerce from University of Mumbai, India.

2) Education Evaluation done (dated 01-June-2006) by Foundation for International Services, Inc which states that my Bachelors Degree is equivalent to US Bachelors Degree..

3) 3 years Advanced Diploma in Software Engineering from Aptech Computer Institute (leading Computer learning Institute from India)

4) Over 11 years of work experience as of date with supporting experience certificates available.

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Your work experience outside the US can count so far as it substantiates the requirements used in the job description (for the job that you're being sponsored for). Typically, your lawyer will list all the requirements for the job and ask you to get a letter from your previous employers confirming that you gained/used all the skills listed in the job description.

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I am new to process of filing my GC. I was reading through the post and read that intership before Bachelors can be counted towards GC Experience .

I had S/W Trainee Job since 5 months before my Bachelors ( BE), i.e in my last semester I was recruited by a company under Trainee and ehy used to pay me. I have the following questions:

Can I count this experience towards my GC?

I also read in other cases that one cannot use the experience before Bachelors. Is it true,?

Hi Freshofboat,

Can you explaing me how it was counted in your case??

Any help from experience memebers is helpful.



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  • 2 weeks later...


My lawyer said it is counted because it is directly related to the job that they filed for my Greencard. I was working as engineering intern for 1 year and I was getting paid. This was part of the college course work- and it was a fulltime job (40hr/week) ....currently i am working as an engineer as well.

I feel that a lot of things can be leveraged if presented in the right fashion by your immigration lawyer...so talk to him. These things change from case to case.

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  • 1 year later...

Hello dream16, 


Whats your processing status? did you file in EB2 catagory?  I am also similar to your case.

BCom 3 years degree with 15 years of IT experience.  My EB3 I-140 was approved and now recently moved to another company.

They are ready to start my GC process and I am requesting them to file under EB2.


Please suggest and help me.


Thank You.

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They are ready to start my GC process and I am requesting them to file under EB2.

I think you have read the attorney's reply in this thread.

It's the job requirements which decides the category, not your credentials. Ex : If a person has Ph.D and job requires only bachelor's degree then still it comes under EB3

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