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Perm Using Existing Job Recruitment Process
My company has filed me an EB3 certification way back in 2004 and was filed in EB3 though i have masters degree because of the position thing etc etc.
Over the period i got promoted and i requested for EB2 upgrade and they accepeted. In this process my attorney used an existing JOB RECRUITEMENT process and filed my perm.
My Concern is
--> in the perm filing where job description it is pretty straight forward and aligns with what i do.
--> The qualification says that Bachelors Plus 5 yrs experience.
--> In additional details it mentions some Programming languages (which i dont have experience) and a line which says " Any Other combination of education or experience is considered. "
No where in the qualification it mentions that it needs a masters. My attorney just applied with Alternate degree using my Masters and has selected the tab as Alternate Dregree. and has just simply put No previous experience.
I have been with the same company for the last 9 years and didnot have any prior experience except for 2 yrs.
I am just trying get some of your opinion that it is OK to use MASTERS though not mentioned in the QUALIFICATIONS.
As far as my company it is a Fortune 500 with No Layoff history in the past 10 yrs.
Just worried that something was not done right.
Your Input is greatly appreciated.
Don't want to alarm you but unless the JD clearly states that the company is prepared to accept a Master's degree as an alternate to Bachelors + 5 yrs, it doesn't make sense for your lawyer to apply with your Master's degree. Secondly, per DOL, Bachelors + 5yrs is equal to Masters + 3 yrs of exp. So if a JD states Bachelor's + 5 yrs, it's alternate must be Master's + 3 yrs. But to file in EB2 all you need is a Master's degree (0 years exp is fine) BUT your JD should state only Master's degree in that case. If it's states Bachelor's + 5 yrs exp then... you get my point? Better get a second opinion. I'm still a novice but I've talked to a couple lawyers till now and this has been consistent in their advice. You should think about your case and be careful coz lawyers have nothing to lose - literally. They will make money irrespective of whether you get a GC or not. But if you get into audit then you'll be the one paying dearly. Best of luck!
Prepping for the war to get a Green Card!
Fifth Win - PERM Filed - 11/14/2011
Fourth Win - Finalized JD & Sent for PWD
Third Win - Got employer to agree to file in EB2
Second Win - Eligible to file
First Win - Getting company to start process - 12/16/2010
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