EB2 eligibility

[irarum]

I have 3 yrs work experience in India and 3 yrs in US. All IT field. Have a bachelors degree and masters (both in engineering technical and not comp/IT). I've been working with same employer 'X' since 3+ yrs.

Employer not ready to file EB2 since my masters is not in Comp or IT field. Instead they ask me to switch compay or asking to file for a new H1 for a higher position (title) and use current experience towards bachelors + 5 yrs (I had to do lot of convincing to get there) and they will consider adjusting their requirement.

I am not sure if that will help even if they adjust requirement (I am not very confident they will). They are favorable so far. But this sounds unreal. I know it is the "requirement" and not my credentials that decide catagory.

But not sure filing for new H1 and hoping to get approved for EB2 is risky?

[JoeF]

If the requirement for your current job is a bachelor, then it would not be possible to get EB2 for that job. For EB2 from the same employer, a job that differs significantly (i.e., >50%) from the current job would be required. Now, it would not be necessary to apply for a new H1 for that job. An H1 amendment would be good enough. Also, the GC is technically for a job in the future, i.e., when the GC is approved. But of course, if an employer claims to have an immediate opening, the question an examiner could have is why did the employer not fill the job immediately with a qualified candidate (like you), but waited for several years?

[Attorney_14]

It seems that you and your employer may be confused. The employment-based Green Card application is technically for a future position, so even if you are not currently employed in the higher level (i.e., higher requirement) position, they can still file an EB2 application for your so long as they actually have an EB2 position in which they have need for, and you qualify for such position.

However, if the company wants to employ you now in a different position in H1B, then that is something you both need to decide on for your H1B that is a separate issue from whether or not an EB2 Green Card case can be filed. For further clarification, and if your employer or you have specific questions in regard to your case, I recommend that you contact 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.

[ch2rl]

Hello Sir,

If the Job desc. like this can I apply in EB2 cat.

Education and Experience:

Bachelor's Degree, or equivalent experience, in Computer Science, MIS or similar area of study with a Master's Degree preferred

Minimum of seven years previous SQL Database administration experience

I have applied for my GC with Company A in EB3 and got Approved 140. Now I am going to Join to company B with the above job desc.

I am from India and completed 10+2+3+2 and 8 Years of experience.

Appreciate for your help.

Charlie.