GC eligibility and EB3 to EB2 porting question

[gcapplicant]

Hi All,

I Hopefully some body can clarify my questions as I am in very confusing state.

 

Excuse me for long reading.

 

Here is my back ground.

 

I have done bachelor of computer applications Degree from Osmania University, Hyd, India.

BCA was 6 semester/3 year degree.

After that I did post graduate diploma in computer applications and management information systems from the same University. 

Post graduate diploma was 2 semester/ 1 year.

 

 

After that I have 10 years of experience in IT excluding my experience at current employer.

 

I am currently On H1B visa.

 

I am trying to file for GC.

My employers attorneys are saying that I need to file for EB3 because of my education  is only 3 year degree not 4 year degree.

 

Question 1)

As I did my post graduate diploma from a university not from any private institution, Should it not be considered as 16 years of education?

 

Question 2)

If I go ahead to file for EB3 and then do masters here in USA, will there be any problems when porting to EB2 because I am getting my master while working at the current employer who is fileing for GC.

 

Question 3)

If we go ahead and file for EB2 and if it gets rejected because of the education, will I be able keep the priority date and file for EB3?

 

Question 4?

If we go ahead and file for EB2 do MS in the meanwhile. If the EB2 gets rejected or RFE, Can I appeal using the MS certificate which I will get in the meanwhile.

 

 

Thanks for responses and patience in reading the long story.

 

looking forward to your valuable suggestions.

 

 

[JoeF]

There is no such thing as "16 years education" for an H1. Stuff from before college is irrelevant.

If you don't have a 4-year undergrad degree, you won't qualify for EB2, even if you have some post-graduate education.

[permaudit]

There is no such thing as "16 years education" for an H1. Stuff from before college is irrelevant.

If you don't have a 4-year undergrad degree, you won't qualify for EB2, even if you have some post-graduate education.

But, wouldn't the Job experience and the Job being offered matter for an EB2 classification?