URGENT!! help needed related to EB2 application

[whatissleep]

Hi, 

 

I am currently working as a Staff I Software engineer working in a semiconductor company. My company had filed for my PERM under the Staff II position with the requirements of MS + 0 years or BS + 6 years of experience around Mar 2015. In Dec 2015, I was informed that DOL has rejected the application stating that requirements MS + 0 years cannot be equivalent to BS + 6 years.

 

 

My Background : I did my Bachelors in Electronics and Telecommn from India and completed my Masters in Electrical Engineering from Los Angeles around May 2014. At the time of filing, I had 14 months of experience ( 8 months experience in India plus 6 months experience through Internships). I have been with the company for 1 year 8 months so currently I have 32 months of experience in total .

 

My Questions:

 

1. According to USCIS, anyone holding a advance degree qualify for EB2. What are the minimum requirements for EB2 according to the DOL? 

 

2. Now, my company is saying that it can file the application under EB3 as my current experience of 2 years with the company cannot be counted. Does the current company experience be counted while filing for the EB2 application? Is there any other way to file my application to file under EB2?

 

Any help will be highly appreciated. 

 

Thanks

[pontevecchio]

At the time of PERM filing did you have Masters plus one year experience before joining this company? If not you are out of luck.

[whatissleep]

Hi pontevecchio,

                                I did have MS + 1 year of experience before joining the company.

 

Thanks