First job - is it a problem?

[mya20080]

My situation:

 

I did both my undergrad and my post-grad in Computer Science. I am currently a Software Engineer III at my company, on H1B since 2010. My position is unique in the sense that I do software development as well as build engineering and some other administration.

 

My company decided to apply for my GC. However, the lawyer says this is a problem since - apparently at some point - my company decided that the minimum requirements for my position (SWE-3) was a Bachelor's + 3 years of experience and I am overqualified. I got to SWE-2 because I had my masters degree, and SWE-3 because of my work and masters + 4 years of experience. All the other SWE-3 people have way more experience than I do.

 

We considered creating a position for me, since my particular position requires more than just software development, but the lawyer says this would be an issue since it would be a newly created position. Also, according to the lawyer, my additional skills (build engineering/administration stuff I learnt on the job) does not count since I learnt it on my own, not in school.

 

Note: this is my first job.

 

Questions:

 

- Is it an issue that this is my first job right out of school?

- Is it an issue that the position I hold requires less experience/education than I have?

- Does stuff I've learnt on my own not count?

- Is creating a new position for me an issue/out of the question?

 

Thank you for your help. I understand some of this might be repetitive, so any links would also be helpful!