Filing GC in EB2/EB3 category

[vallab02]

Hi,

I have below questions on filing GC in EB2/EB3.

Any help is much appreciated.

My Education background
1. Masters in I.T - 2 Years
2. Bachelors in Mechanical – 3 Years
3. Diploma in Mechanical Engineering - 3 Years

Work Experience
1. Data Base Administrator from May 1999 to till date

My Questions.

Filing under EB2 Category:

1. If I want to file in EB2 category my attorney is saying I should have 6 years of education from my Master + Degree (which I don’t have, 2+3); as GC filing doesnot go below/consider Under Grad education (Diploma in my case)
2. If I want to use my Master’s and work experience to file under EB2; My attorney is saying even then my degree will be under scrutiny for 4 Yrs degree which I don’t have.

Filing under EB3 Category.
1. If I file my GC under EB3 and once PERM process is completed/approved can I elevate/push my filing to EB2 while filing I-140? If so what are the prerequisites for that like 9+Yrs of experience even with 3 Yrs Degree?
2. What are the know issues to file I-140 under EB2 using EB3 approved PERM.

Thanks in Advance

Vallab

[indian1]

take your time

I knw eb3 is slow and no one wana file in eb3 but now a days they r not approving 3 + 2 education cases in Eb2. If you have 5 year valid experiance prior to current employer then go in Eb2 with experiance. Please consult your attorney abt this option.
Bottom line is filling in Eb2 using india 2 year master with 3 year bachelor is big gamble now a days.

[vallab02]

Filing GC in EB2/EB3 category

Thank you for your time/reply.

I consulted my attorney and he is suggesting even if I file under EB2 with 5yrs experience (I have all genuine experience) USCIS will question/challenge on bachelor (where USCIS need 4 yrs bachelor ) so my company has to counter challenge that again and it might further delay or denied.

[txh1b]

Attorney is right. There have been too many denials for 3 year degrees off late during the I140 stage. In the past, many have gotten GCs.

[vallab02]

Filing GC in EB2/EB3 category

Thank You txh1b for your time/response.