EB2 Clarification

[ssbreddy]

Hi,

My company have placed an add for the requirement which states it requires the following regarding education + experience,

"Master's Degree In Computer Science, Business, Computer Information Systems Or Related Field Plus Two Years Of Experience In The Job Offered Or As A Software Engineer, Programmer Analyst Or A Related Role. "

"The Company Will Also Accept A Bachelor's Degree In Computer Science, Business, Computer Information Systems Or Related Field Plus Five Years Of Experience In The Job Offered Or As A Software Engineer, Programmer Analyst Or A Related Role."

I am a Bcom + MCA regular passed out in 2001. I have more than 8+ years of experience and 2 years being with the same company.

My attorney stated that they want to apply in EB2 but I am not sure what they are considering here I mean the masters + 2 years or the bachelor + 5 years.

I want to some guidance what is the best to file PERM under,
1. Masters + 2 years
2. Bachelors + 5 years.

OR both these requirement would be mentioned during PERM filing?

Is it necessary to mention this experience requirement during PERM filing or I 140?

Do I need to show all 5 years experience in the same technology or is it fine having 5 years experience in IT with different technology?

Please sugest what is best in the above case.

[txh1b]

Based on what I have seen in many forums, you will have a HUGE problem getting your I140 approved with a 3 year degree for EB2. Even EB3 is tough these days.

I would suggest you to venture out into the forums and read many experiences about the I140 denials and cover all your bases.

[ssbreddy]

Hi txh1b,

Thanks for the input. I understand that and I was concerned about it. That is the reason I asked for some guideline in this forum.

I had emailed my company attorney regarding this situation and he stated that they are applying PERM in EB2 with masters as the job requirment and considering my MCA as equivalent to US masters.

I even asked him if he can consider my MCA as US bachelors + 5 years experience in EB2 but he is taking the risk, which I dont want as the requirement states masters + 2 or bachelors + 5 years. I want to consider the later to be on the safer side.

The attorney replied as:
"It is very unlikely that the three-year Indian bachelor's degree will be raised at the I-140 stage as we are making the master's degree the primary requirement (but there is no guarantee)"

He says no guarantee but still he wants to apply PERM in EB2. This MCA + experience proof would come in I140 stage am I correct? or how the PERM was filed?

Any body have any thaughts.

[maxi]

Hi txh1b,

Thanks for the input. I understand that and I was concerned about it. That is the reason I asked for some guideline in this forum.

I had emailed my company attorney regarding this situation and he stated that they are applying PERM in EB2 with masters as the job requirment and considering my MCA as equivalent to US masters.

I even asked him if he can consider my MCA as US bachelors + 5 years experience in EB2 but he is taking the risk, which I dont want as the requirement states masters + 2 or bachelors + 5 years. I want to consider the later to be on the safer side.

The attorney replied as:
"It is very unlikely that the three-year Indian bachelor's degree will be raised at the I-140 stage as we are making the master's degree the primary requirement (but there is no guarantee)"

He says no guarantee but still he wants to apply PERM in EB2. This MCA + experience proof would come in I140 stage am I correct? or how the PERM was filed?

Any body have any thaughts.

Hi - I am in a similar situation. When i did my edu. eval. i got a masters equivalent for my 3 year BCom plus 2 yr MBA, so my attorney applied under Eb2. but while we were getting ready to apply for I 140, we wanted to get a second opinion on the edu. eval and most were not willing to give a master equivalent. So now we are refiling PERM in Eb3 under skilled worker category, as my lawyer and many of the edu. eval agencies felt htat I 140 would be denied.
Hope that helps.

[txh1b]

For your own good, please take the time to build the foundation right than fail during the I140 stage. I seriously doubt your attorney's optimism but I don't want to sound too pessimistic here.

I want to be realistic than raise unnecessary hopes for an Eb2 approval. To be on the safe side, go with EB3, reserve your spot in the line. Once the I140 is approved, go with another labor if your job requires a EB2 and try to get the PD on the new EB2 case.

Good luck.

[ssbreddy]

Hi Thanks for the suggestion.

The lawyesr is filing the case in EB2, depending upon the above mentioned case what are the best words to be used in ETA 9089 so that there are minimal issues during I140 stage.