Need Help on Green Card processing

[harshai]

Hi All,
I am in the process of filing a PERM application. But there is a small issue.

I have a Bachelors Degree in Business Management (3yrs) and a Masters in Computer Science (3yrs). I had 6+ yrs of experience in the filed of computer science, before working for my current employer. And as for the requirements for my current job goes, it requires a Masters with 4-5 years of experience. With all this, I believe that my case can be filed under EB2 category. But my lawyer thinks different.

According to my Lawyer, I do not qualify for EB2 category as my Bachelor's degree is not of 4 yrs. Also, my Bachelors and Masters cannot be combined as it is not deemed to be a continuation of the Bachelor's program but a new field of study. Hence it can only be filed under EB3 category.

I am not convinced with this, as there is no such clause mentioned on the USCIS or on DOL requirements. All it states is a Masters or a baccalaureate degree plus 5 years progressive work experience.
But, mine could be a case specific law or something that's not documented anywhere.

Hence, I would really appreciate if someone who has been in the same situation or is aware of such a case, to advise or confirm on what is the right way to proceed.

Thanks,
Harsha

[txh1b]

You should be glad you have a lawyer that knows what s/he is talking about. Look at the I140 denials and reasons for them on the internet and you will understand why.