EB2 or EB3 - My Green Card Category

[maverick69]

Hello,

 

There might be similar posts but my case is a bit different as you read below.

 

I have a question regarding the category in which my green card might fall under - either EB2 or EB3.

 

Graduation Details:

Bachelor of Technology (B.Tech) in Electrical and Electrical Engineering from 2004- 2008.

4 year bachelors degree.

 

Work Experience:

Employer "A":

4 years and 9 months (which Includes experience in India and USA)

Aug 2008 - Apr 2012 in India

Apr 2012 - Jul 2013 in USA

 

Employer "B":

In an Analyst Role from Jul 2013 - Apr 2014 (8 months)

Promoted to a Sr.Analyst Role from Apr 2014 - Present

 

I am one month short of 5 years when I joined with Employer B. As the minimum qualifications for Analyst role was Bachelors+3 years at that time so I was eligible for that position. 

 

After I was promoted to a senior role, my concern is with the minimum qualifications. The Sr.Analyst role requires Bachelors+5 years of experience which I have at the time I have promoted to that role (Apr 2014). All these 7 years(both with employer A and B) I was working in the same field and technologies.

 

Now, my green card is being filed with Employer B and I want to know which category would that fall into. I am very confused with people saying they consider the experience that is prior to the employer B. But I have been in two different roles with employer B. in the last two years.

 

According to USCIS, they say Bachelors+5 years of progressive work experience in the field which I have.

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

 

Thanks in advance!

 

Please help!

 

[JoeF]

Unless the new position is at least 50% different from the original position, you can not use experience gained in the company for the GC.

[Attorney_15]

You first have to meet Department of Labor's rules to qualify for the job. From DOL's perspective if you can earn experience with the sponsoring employer, then the can train a US worker on the job. The way DOL rules allow a person to use on the job experience is if the employer is sponsoring the worker for a position that is at least 50% different than the job in which the qualifying experience is earned. The law has several different ways that this can be done. It would probably help to talk with your employer and a lawyer at the same time to see what avenues are available to pursue a Green Card with this company and using that experience.