Dear Sir/Madam(s)

My employer has already filed for labor certification for me. I don't have master degree
(or five years of experience) so not eligible for EB-2. I will be having five years of
experience after 8 months. During I-140 file (I will have 5 years exp.) can I get EB-2? Or
my employer has to start labor all over again.

PS:- Can I use EB-2 anyway? because during the joining of my current employer I did not
have 5 years exp.

Thanks -Guru

No. You can't use the time with the sponsoring employer to qualify for EB2. The
qualifications you had when you started working for the employer counts.

-Joe

GuruDev wrote:
>
> Dear Sir/Madam(s)
>
> My employer has already filed for labor certification for me. I don't have master degree
> (or five years of experience) so not eligible for EB-2. I will be having five years of
> experience after 8 months. During I-140 file (I will have 5 years exp.) can I get EB-2?
> Or my employer has to start labor all over again.
>
> PS:- Can I use EB-2 anyway? because during the joining of my current employer I did not
> have 5 years exp.
>
> Thanks -Guru

If you are not from China,India, MEXICO and PHILIPPINES the fact that you do not qualify
for EB2 does not make a difference. This is because all the visa's for all countries other
than those two countries are current.

http://travel.state.gov/visa_bulletin.html

In article <[email protected]>,

> Dear Sir/Madam(s)
>
> My employer has already filed for labor certification for me. I don't
have
> master degree (or five years of experience) so not eligible for EB-2.
I will
> be having five years of experience after 8 months. During I-140 file
(I will
> have 5 years exp.) can I get EB-2? Or my employer has to start labor
all
> over again.
>
> PS:- Can I use EB-2 anyway? because during the joining of my current employer I did not
> have 5 years exp.
>
> Thanks -Guru

This is not correct either. Whether you can use EB-2 or EB-3 depends on the requirement
of the POSITION, not the applicant's qualification. And it must be requirement of
position at the time of hiring. A Ph.D. will be in an EB-3 category if the position only
requires a B.S.

--Mike

In article <[email protected]>, [email protected] wrote:
> No. You can't use the time with the sponsoring employer to qualify for
EB2.
> The qualifications you had when you started working for the employer
counts.
>
> -Joe
>
> GuruDev wrote:
> >
> > Dear Sir/Madam(s)
> >
> > My employer has already filed for labor certification for me. I
don't have
> > master degree (or five years of experience) so not eligible for
EB-2. I will
> > be having five years of experience after 8 months. During I-140 file
(I will
> > have 5 years exp.) can I get EB-2? Or my employer has to start labor
all
> > over again.
> >
> > PS:- Can I use EB-2 anyway? because during the joining of my current employer I did
> > not have 5 years exp.
> >
> > Thanks -Guru

I am from India and getting EB-2 is importent for me (as EB-3 waiting time is more tahn 3
years). So after completing 5 years can I rejoin the same employer (immidiately after
resigning) So I will be eligible for EB-2. Is it allowed?

-Gurudev

> If you are not from China,India, MEXICO and PHILIPPINES the fact that you do not qualify
> for EB2 does not make a difference. This is because all the visa's for all countries
> other than those two countries are current.
>
> http://travel.state.gov/visa_bulletin.html
>
>
>
> In article <[email protected]>,

> > Dear Sir/Madam(s)
> >
> > My employer has already filed for labor certification for me. I don't
> have
> > master degree (or five years of experience) so not eligible for EB-2.
> I will
> > be having five years of experience after 8 months. During I-140 file
> (I will
> > have 5 years exp.) can I get EB-2? Or my employer has to start labor
> all
> > over again.
> >
> > PS:- Can I use EB-2 anyway? because during the joining of my current employer I did
> > not have 5 years exp.
> >
> > Thanks -Guru
> >
> >

GuruDev wrote:

> I am from India and getting EB-2 is importent for me (as EB-3 waiting time is more tahn
> 3 years). So after completing 5 years can I rejoin the same employer (immidiately after
> resigning) So I will be eligible for EB-2. Is it allowed?

There is a slight chance that you could do this. You would not have to resign, just change
positions. I would say it will not be possible without a very smart, experienced attorney.
The employer would have to offer you a new position with duties which are different enough
from the previous position.

> > If you are not from China,India, MEXICO and PHILIPPINES the fact that you do not
> > qualify for EB2 does not make a difference. This is because all the visa's for all
> > countries other than those two countries are current.
> >
> > http://travel.state.gov/visa_bulletin.html

> >

> > > My employer has already filed for labor certification for me. I don't have master
> > > degree (or five years of experience) so not eligible for EB-2. I will be having five
> > > years of experience after 8 months. During I-140 file (I will have 5 years exp.) can
> > > I get EB-2? Or my employer has to start labor all over again.

The employer will have to start the labor certification all over again. The requirements
on the ETA 750 must be expressed as "master's degree . . . or bachelor's degree plus 5
years of progressively responsible experience. . . "

And of course, you must have possessed the requirements prior to taking the position for
which labor certification is sought.

> > > PS:- Can I use EB-2 anyway? because during the joining of my current employer I did
> > > not have 5 years exp.