EB2 category requirements

[willworkforgc]

Hi,
My current job profile requires - "A post-secondary degree in a related discipline with 7 to 10 years of relevant experience" and I have a Bachelors (4 yrs of engg) and Master's (MBA) degree with 12 years of relvant work experience prior to joining my current employer.

So I want to know if I would qualify for EB2 category?

Our current attorney's insist that this doesnt qualify me for EB2 since the job profile doesnt require a Master's degree. However, since it does require 7+ years of work exp, I thought that would suffice?

Please let me know ...

Im sorry I know this topic and question has been asked a lot of times but I still wanted to ask again and be certain it applied to me.

Thanks,

[willworkforgc]

just wanted to add that -

The post-secondary requirement can refer to a 3 year or 4 year university degree, or a 2 year or 3 year college degree.

thanks,

[kishore.salla]

If you have a four bachelors degree and Five Years of experience before joining GC sponsering employer.

You can qualify under EB2 with Bachelors + 5 Years Job requirement

[sac-r-ten]

Originally Posted by willworkforgc

Hi,
My current job profile requires - "A post-secondary degree in a related discipline with 7 to 10 years of relevant experience" and I have a Bachelors (4 yrs of engg) and Master's (MBA) degree with 12 years of relvant work experience prior to joining my current employer.

So I want to know if I would qualify for EB2 category?

Our current attorney's insist that this doesnt qualify me for EB2 since the job profile doesnt require a Master's degree. However, since it does require 7+ years of work exp, I thought that would suffice?

Please let me know ...

Im sorry I know this topic and question has been asked a lot of times but I still wanted to ask again and be certain it applied to me.

Thanks,

Does the job require a EB2 (4yrs degree + 5yrs progressive exp), if so then you can apply for Eb2. Its a different question if you qualify for it. you certainly do in your case, but the lawyer and the employer has to convince USCIS/DOL that the job requirement fulfill a EB2 category PERM filing.

hope this helps. good luck.

[willworkforgc]

So after going back and forth with both HR and the lawyer, it was agreed that I and the job will qualify for EB2. However, apparently when I joined my new company they filed for AC21 which stated that the job requirements for my previous company (where the original GC in EB3 category was filed) is similar to the job requirements for the current company.

Now in order to file a new GC in EB2 category, we'll need to prove that the these 2 job's are different and as a result we'll be contradicting what was said in AC21 and so it is not advisable to file a new GC.

Is there any link between the AC21 filed and a new GC application? Would this cause a RFE or even a rejection?

Thanks,