Eligibility for EB2

[macman]

Hello All -- I finished my bachelors in Information Technology in India in 2005 and came here to the USA for my masters (computer science) in 2006. Ever since graduating in 2009 I have been working for the same company (Its been 5+ years). I was recruited for full time but was hired initially as an intern on CPT since they wanted me in ASAP before my graduation date. I then went straight to H1B after about 3 months bypassing the OPT. I did graduate soon after that. They in my company are filing my green card now and they aren't sure if I am eligible for EB2 since I did not have a completed masters degree when I joined my company initially as an intern.

Could somebody please help me out in figuring out if I am still eligible to file the green card in EB2 status ? Thanks in advance.

PS: I did switch teams twice in my company and was promoted once.

[raghvi]

Hello All -- I finished my bachelors in Information Technology in India in 2005 and came here to the USA for my masters (computer science) in 2006. Ever since graduating in 2009 I have been working for the same company (Its been 5+ years). I was recruited for full time but was hired initially as an intern on CPT since they wanted me in ASAP before my graduation date. I then went straight to H1B after about 3 months bypassing the OPT. I did graduate soon after that. They in my company are filing my green card now and they aren't sure if I am eligible for EB2 since I did not have a completed masters degree when I joined my company initially as an intern.

Could somebody please help me out in figuring out if I am still eligible to file the green card in EB2 status ? Thanks in advance.

PS: I did switch teams twice in my company and was promoted once.

I believe yes, but its generally not the employee only, what USCIS and DOL first see is if the nature of the job itself qualifies for EB2 or not. So even if one is eligible for EB2 classification, if they are not going to do a job which needs EB-2 qualified employee , then EB-2 is not possible.

This is my opinion not legal advice.