H1B with MS - Help for EB2/EB3

[jayantlal]

Hi,

I got my MS in May 2007, and after that in Sept 2007, I switched to company A. I am still employed with this company, and since my H1 expires in September 2010, I am going to apply for Greencard.

Now my company's lawyer as well as my manager states that the requirement should not state MS degree, even if I have one, because others in my position do not have MS. He wants to apply using EB 2 considering BS + 5 years experience.

I did BS in May 2003, so my experience from Aug 2003 (start of OPT) to Sept 2007 is less than 5 years.

What should I do?

Thanks for your help in advance!!!
JD

[txh1b]

If the job does not require a MS or BS + 5, you have no choice. What you have is immaterial. What the job requires matters.