EB2 eligibility clarification

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Hi All,

I have been given an undertanding that years of experience within the same company is not considered against EB2 GC eligibility. Is it the same case with overseas experience too (within the same company)?

I'm currently in UK, and pursuing a position in US within my company. I'm eligible for L1. And hence, was wondering if my experience outside of US can be considered against EB2 or not. From the job description point of view, it requires Bachelors in Computer Science and 7years of experience - I hope this makes the job eligible or EB2 GC processing.

Please advise!



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Experience with a company abroad can generally be used to satisfy an experience requirement on a Labor Certification by a related company. The determining factor is whether the two companies have the same FEIN. If the FEIN of the U.S. company is not also the FEIN for the foreign company - as is usually going to be the case - the foreign company experience can then be used to me the experience requirement. For legal advice specific to one's own situation, one should consult with an attorney.

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I have a similar question that I am seeking help on. I am currently on H1 and filing for my PERM. I hold a 4-years Bachelor of Engineering and 2-years Masters in Business Administration from India and have 4 years of work experience. The PERM position requirement was to have a Master's degree. But the law firm refuses to post that as a requirement citing that my Master's from India will qualify as a Bachelor's in US and my I-140 will get rejected in doing so. Ultimately pushing to file it in EB3 category. As part of my H1-B petition papers, I have a "Academic Evaluation report" citing that my education qualification is equivalent to a US Master's degree - but the current law firm is citing that it is equivalent to Bachelor's only. How should I move forward?

1. Fight with my H1 academic evaluation report and push the law firm to file my case on EB2?

2. Or agree with them to file on EB3 category and then port it to EB2? Is that possible?

Thanks for your responses..

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The law firm is in the best position to advise your employer. Why do you think your employer would take your advice over their professional immigration expert? If you don't like the situation, get a new job or go home.

If you are in a technical engineering job, your MBA is useless. If you are in an MBA job, it is unlikely PERM can go forward due to the large number of unemployed business school graduates.

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