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Old 03-11-2013, 10:07 AM
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EB3
I140 Mailed Date
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Default H1B- Education/work-experience overlap

I was wondering if someone could help me figure out this situation:

We had to return back to India last year as our employer refused to answer an RFE on my wife's I 140. This year we are trying to get back to the USA on H1B.

My wife pursued her full-time MBA while she was a techie in an Indian IT company (overlap of work experience with Master's degree). When she went to the USA for the first time on H1B about 10 years back, her company suggested that she show only the work experience and not the MBA to avoid any confusion. So we showed only the work experience. So, when her green card process was initiated, we had to file under EB3 due to a 3-years Bachelor's degree.

To have a chance in the future to file her green card under EB2, I was wondering if it would be wise to include the 2 years of MBA in her education qualification. If yes, should we also include the work experience that overlaps (out of x years, there is an overlap of 2 years) even though she would qualify without those x years as she has accrued more than 5 years of US experience post MBA.

Everything is legit and verifiable as far as the facts of the case go. We are just trying to figure out if any red flags would be raised at USCIS if we
a) include the 2 year MBA for the H1B and REMOVE the work experience thus causing a discrepancy from our previous filings?
b) include the 2 year MBA for the H1B and KEEP the 5 years of experience with overlap?

I'd appreciate any help on this. Sorry about the double post (posted it in "Ask a Lawyer" section before but didn't hear back from any lawyer).
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  #2 (permalink)  
Old 03-11-2013, 04:47 PM
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Default

You did not mention why employer refused to answer RFE. Can you throw more lihght so that it helps more like this. I am guessing that if your EB2 only asks for masters degree why do you even need to claim experience?
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