Starting Green card with new company--EB category help

[gc_process]

Hello,

My educational and experience background is

Bachelor's degree (2011)

Master's degree (May 2014)

Exp: May 2011-March 2012 (One company--Full Time)

        April 2012-Present (current company (full-time))

 

I just wanted to clarify the EB2/EB3 job category based on education/experience requirement. 

 

Even though new to the forum, I have read about EB2/EB3 job category and job description dictating which category the employee falls under, I have some specific questions about the job requirements below.

 

Job Tile: Sr. Manager (at different company)

Bachelor's Plus five years of experience or Master's degree with 3 years of experience. 

 

I do have work experience of 3 years gained after Bachelor's degree, but none after Master's. Can I use my experience gained after Bachelor's degree to qualify for EB2 category or Do I still fall under EB3?

 

Thank you all for your input!!

[gc_process]

Hello, any suggestions?

 

Both degrees are from accredited US institution. 

[gc_process]

No one really?? At least someone would have been in my shoes. Any suggestions???

[JoeF]

Bachelor+5 or MS+3 would be EB3. EB2 would be "Bachelor+5 or MS", or additional time added to both, like "Bachelor+8 or MS+3."

In other words, for immigration purposes, an MS is equal to bachelor + 5 years, not to bachelor + 2 years.

[pontevecchio]

Bachelors plus five or Masters as minimum requirements will mean you qualify for the referenced job. The requirement of Masters plus three is odd if Bachelors plus 5 is acceptable.

[gc_process]

Bachelor+5 or MS+3 would be EB3. EB2 would be "Bachelor+5 or MS", or additional time added to both, like "Bachelor+8 or MS+3."

In other words, for immigration purposes, an MS is equal to bachelor + 5 years, not to bachelor + 2 years.

Ah I see. So based on USCIS EB2/EB3 category and above job exp./edu. requirement, I will need 3 years of experience gained after getting MS degree!

 

Does the above rule apply to HR as well?

[chakrakr]

Bachelors plus five or Masters as minimum requirements will mean you qualify for the referenced job. The requirement of Masters plus three is odd if Bachelors plus 5 is acceptable.

 

There indeed is nothing set in stone which says BS+5 or MS+3 will make it EB3 .   The extract from Adjudicators field manual  is in http://www.uscis.gov...-0-0-31107.html    ...   It is rather complex and need advice of an Attorney.   However, since OP has masters , it will probably  work.    See the details in http://forum.murthy.com/index.php?/topic/61613-is-ms-2-years-of-experience-is-equivalent-to-bachelors-5-years-of-post-bachelors-progressive-experience/page-1

[chakrakr]

Bachelor+5 or MS+3 would be EB3.

 

Read Adjudicators field manual (http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-31107.html)  

[gc_process]

Chakrakr, enjoyed reading the forum posts regarding EB2/EB3 and the link you provided. It seems as though the job advertisement must be carefully written and the best bet is to contact the attorney. 

 

TY:)

[t75]

You are not qualified for the job you now have according to the job description.  How big is this company?

[chakrakr]

You are not qualified for the job you now have according to the job description.  How big is this company?

OP said "Job Tile: Sr. Manager (at different company)"

[gc_process]

You are not qualified for the job you now have according to the job description.  How big is this company?

On what basis you are claiming that I am not qualified for the job? Are you from the HR or are you the Hiring Manager? The company is Fortune 50

[JoeF]

On what basis you are claiming that I am not qualified for the job? Are you from the HR or are you the Hiring Manager? The company is Fortune 50

The job requirements are, as posted by YOU:

"Bachelor's Plus five years of experience or Master's degree with 3 years of experience."

You got your bachelor in 2011 and your Masters in 2014. That means neither of these requirements are fulfilled. Ergo, you don't have the qualifications needed for the job, as per the job requirements posted by YOU.

[gc_process]

The job requirements are, as posted by YOU:

"Bachelor's Plus five years of experience or Master's degree with 3 years of experience."

You got your bachelor in 2011 and your Masters in 2014. That means neither of these requirements are fulfilled. Ergo, you don't have the qualifications needed for the job, as per the job requirements posted by YOU.

Are you referring your criteria based on the the rule that you posted on "Posted 22 May 2014 - 03:30 PM" or are you suggesting that it's a HR policy of a company that makes me ineligible for the job? 

 

If USCIS rule, then Chakrakr has answered my question and if it's a HR policy then the wording does not state that the 3 years of experience gained should be after Master's degree. It says "Master's degree with 3 years of experience". 

 

TY for all your suggestions. Case closed :)

[JoeF]

 

Are you referring your criteria based on the the rule that you posted on "Posted 22 May 2014 - 03:30 PM" or are you suggesting that it's a HR policy of a company that makes me ineligible for the job? 

 

If USCIS rule, then Chakrakr has answered my question and if it's a HR policy then the wording does not state that the 3 years of experience gained should be after Master's degree. It says "Master's degree with 3 years of experience". 

 

TY for all your suggestions. Case closed :)

 

I am referring to YOUR original post.

Or have you forgotten what YOU wrote?

You would know better than us what the HR policy at your employer is.

And Masters with 3 years experience generally means AFTER the Masters, even if it isn't spelled out.

[gc_process]

Well I posted the question, so I know what I was asking for and for USCIS purpose, Chakrakr's post already answered my question and the links provided were really helpful. 

 

But, going back to your post about "Masters with 3 years experience generally means AFTER the Masters, even if it isn't spelled out."-- I will definitely consult with a lawyer regarding this. 

 

Again, TY for suggestion. 

[t75]

The job requirements are, as posted by YOU:

"Bachelor's Plus five years of experience or Master's degree with 3 years of experience."

You got your bachelor in 2011 and your Masters in 2014. That means neither of these requirements are fulfilled. Ergo, you don't have the qualifications needed for the job, as per the job requirements posted by YOU.

 

Thanks for reminding him so I do not have to.

[JoeF]

Well I posted the question, so I know what I was asking for and for USCIS purpose, Chakrakr's post already answered my question and the links provided were really helpful. 

 

But, going back to your post about "Masters with 3 years experience generally means AFTER the Masters, even if it isn't spelled out."-- I will definitely consult with a lawyer regarding this. 

 

Again, TY for suggestion. 

 

If you want real adivce, consult with a good immigration lawyer. And you will find that what I say is capturing the essence of what you'll hear from a lawyer (I may not formulate it as nicely, that's not what I'm here for, but I express the essence.)

[stonecold_1981]

And Masters with 3 years experience generally means AFTER the Masters, even if it isn't spelled out.

 

JoeF - this is not entirely true.

 

Most often when a job description states "Masters and x years of work experience", the applicant needs to have x years of full time experience (after Bachelors). When the description states "x years of progressive experience" that is when a break for study (i.e. Masters) will nullify the initial experience. In fact, most employers I have seen will explicitly state "Masters + x years of post-MBA/Masters experience". If not spelled out in these ways, it is assumed that the applicant only needs the required degree and the required number of years of post-Bachelors work experience.

[JoeF]

JoeF - this is not entirely true.

 

Most often when a job description states "Masters and x years of work experience", the applicant needs to have x years of full time experience (after Bachelors). When the description states "x years of progressive experience" that is when a break for study (i.e. Masters) will nullify the initial experience. In fact, most employers I have seen will explicitly state "Masters + x years of post-MBA/Masters experience". If not spelled out in these ways, it is assumed that the applicant only needs the required degree and the required number of years of post-Bachelors work experience.

 

Hmm, I have interviewed lots of people over the years. "x years of work experience" means after the degree.

This "post-MBA" stuff is pretty much only used for job postings for foreigners, to make things really clear.

[ottawa_rocks]

To cut the BS going on in this forum: if you will manipulate your job ad, you will be caught by DOL, thanks to guys like you, we have 70% cases on AUDIT these days...!