Experience in Indian and US with the same employer

[ravi15481]

I am trying to see if I am eligible for EB2. my employer has currently set me in EB3.

 

I have bachelors degree (Bsc computer science)

Worked for 1 year in Company 1 in India

Worked for 1.5 yrs in Company 2 in India

Worked for close to 3 yrs in Company 3 in India

 

Then I moved to US with the same Company 3 in US and I have been with this company for last 8 yrs in US. So I have been with company 3 for 11 yrs including US and India.

 

I had started my career with this company 3 as developer and I have scaled up to Program manager designation. I officially moved into project/program management 3 yrs back. My first H1B was filed as sr. analyst.

 

So below are my questions

- In general, is 16yrs of education mandatory for EB2 or can we have Bachelors + 5yrs of progressive experience post bachelors degree?

- If it is possible to use 5 yrs of experience then can I consider my first 5 yrs of experience in India which includes 2.5 yrs of experience with the same employer

- Can I use all my experience with the current employer which is not as a manager?

- If all the above is possible then can I file a parallel case in EB2. just to be on the safer side.

 

Appreciate your help in getting some clarity. I keep getting different answers so I am posting this for the first time in Murthy.com. 

[Jyothis]

You should be able to use the time in India as experience. However, EB2 eligibility is based on the job requirement. Masters / Bachelors +5 is a general guideline. If I remember right, BSc (3 year degree) is not exactly equal to bachelors in US. If that is the case, your case may not stand for EB2.

 

Setup some time with attorneys and get that clarified.

[t75]

Why are you getting different answers?  Your employer's attorney should be the one you are listening to.

[ateetshah]

I am trying to see if I am eligible for EB2. my employer has currently set me in EB3.

I have bachelors degree (Bsc computer science)

Worked for 1 year in Company 1 in India

Worked for 1.5 yrs in Company 2 in India

Worked for close to 3 yrs in Company 3 in India

Then I moved to US with the same Company 3 in US and I have been with this company for last 8 yrs in US. So I have been with company 3 for 11 yrs including US and India.

I had started my career with this company 3 as developer and I have scaled up to Program manager designation. I officially moved into project/program management 3 yrs back. My first H1B was filed as sr. analyst.

So below are my questions

- In general, is 16yrs of education mandatory for EB2 or can we have Bachelors + 5yrs of progressive experience post bachelors degree?

- If it is possible to use 5 yrs of experience then can I consider my first 5 yrs of experience in India which includes 2.5 yrs of experience with the same employer

- Can I use all my experience with the current employer which is not as a manager?

- If all the above is possible then can I file a parallel case in EB2. just to be on the safer side.

Appreciate your help in getting some clarity. I keep getting different answers so I am posting this for the first time in Murthy.com.

You can use experience from Indian branch because employer FEIN is different.

But problem is your 3yr Bachelor Degree. Remember PERM EB2 or EB3 is a combination of your education and experience. One cannot substitute another like H1B to an extent.

[Kal.911]

If the advise you wanna get from this forum is critical for your decision making, then please consult a more prestigious attorney firm than your company's attorney firm.

 

Example: Please take your case details to Murthy attorney firm.

 

If this is a game-changer for your life, then Why you wanna listen to us (who are just browsing the internet and typing a line or two without any legal education/qualifications)