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EB2 Consideration
Hi,
My company is applying for my green card.
Prior to joining my current company i had a 3 year-BSc Degree in computers and a 5+ years of experience in IT.
For my H1, my experience was considered to equate me to a US bachelors degree.
Now the company lawyers state that they cannot consider my prior experience since it was used to equate me for the US-bachelors. Due to this my labor certification would be filed under EB3 category and NOT EB2 category (with 5 years of experience). In the 9089 form is being drafted saying that my current job does not require prior experience . Which is confusing since i was considered for my current job position based on both my educational and especially 5 years of experience. I guess the legal department would have complained at time of my hire.
Is this true?...Is this a legal requirement by the UCIS that my experience cannot be re-considered ?
Please advice.
My company is applying for my green card.
Prior to joining my current company i had a 3 year-BSc Degree in computers and a 5+ years of experience in IT.
For my H1, my experience was considered to equate me to a US bachelors degree.
Now the company lawyers state that they cannot consider my prior experience since it was used to equate me for the US-bachelors. Due to this my labor certification would be filed under EB3 category and NOT EB2 category (with 5 years of experience). In the 9089 form is being drafted saying that my current job does not require prior experience . Which is confusing since i was considered for my current job position based on both my educational and especially 5 years of experience. I guess the legal department would have complained at time of my hire.
Is this true?...Is this a legal requirement by the UCIS that my experience cannot be re-considered ?
Please advice.
