EB3 to EB2 - Experience and Education Clarification needed

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Dear Attorney,

I have EB3 and I-140 approved with Priority Date of Dec 2006. I have got my EAD in 2007 and started using my EAD from August 2011 onwards.


In 2012, I have worked on 1099 sometime during 2012 (with few months gap of not working) and also worked on W2 some months of 2012.


In 2013, I have worked on W2 for few months, and did not worked for 2 to 3 months and worked on 1099 for some months.


In 2014, I have worked on 1099 for 2 months, then after that, I have opened a Company (LLC) in my Wife’s name and I have become an Employee in that company and running a paystub for just one employee.


In 2015, I continue working in my Wife’s company as an Employee.


I have a 3 years Bachelor’s Degree (B.Com) and 2 years Master Degree (M.Com) from India. I got my                           Education Evaluation done (from Evaluation Service Inc., Member of NACES) for the purpose applying for a CPA, but I did not pursue with CPA. As per the Education Evaluation I have the ‘Academic equivalent of a Bachelor’s Degree in Business Administration and One Year of Graduate Study in Business Administration, a regionally accredited Institution in the United States’.


When I filed my EB3 Labor, it was filed only on the basis of 3 years of my Bachelor’s degree and did not show my 2 years Master Degree.


Now, if I decide to join a company who can sponsor my GC under EB2, what are the risks I might face based on my above situation?


  • I may not get an Experience letter for the W2 companies I have worked in 2012 for few months I have worked.

  • Since I believe I meet the Education criteria (US Equivalent Bachelor Degree) as I have 3 years bachelors + 2 years masters and it is already evaluated from an national approved agency, will there be an issue?

  • I have 3 years India & Singapore Experience on the similar job I have applied for EB3 GC.

  • I have 10 years of US experience on the similar job for EB3 GC I have applied.

  • In that 10 years of experience I have in US, the Experience letters from 2005 (June) through 2011 only, and after that I worked on EAD as a contractor, so, I may not able to get the experience letter.

  • I can get the experience letter from 2014 onwards from my Wife’s company I am working as an W2 Employee.

  • Since I may not get the experience letter from 2012 to 2014, do you see any issue?


  • I have filled my Income Tax every year, would that be helpful?


  • If I decide to continue with my EB3 status and when my Priority Date become current, am I going to get an RFC for whatever the above reason?



Any valuable input will be very much appreciated


Thank you,


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