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  • EB2 or EB3?

    Hi,

    I am about to start my GC process. My job title is System admin and my employer if filing for LC in EB3 category. My employer has stated that the position requires BS+2yrs which is why they are filing in to EB3. After my attorney told us that there's a huge backlog in EB3 per my request, my empployer is considering filing into EB2. They are willing to modify the job requirements and experience accordingly, like, BS+5/6yr OR MS+0/1yr. However I noticed that as per DOL and O*Net site, System admin position REQUIRES a BS+2-4yr exp (Job zone 4). Now my questions are:

    (1) Should I apply into EB2 or EB3 (with the above mentioned situation)?
    (2) To apply into EB2 should I update the Job title/job requirements a little (something like Senior System admin or analyst)?
    (3) If I do apply into EB2 what are the chances of LC approval?
    (4) If I do get LC approved, what are the chances of getting I-140/485 approval?

    I really appreciate your help.
    Thank you!

  • #2


    It seems to me that you are trying to beef something up . I mean how much real experience do you have? And, do you have a BS+5 yrs progressive experience or an MS? Or you will just make it up?
    Last edited by DMX17; 04-09-2008, 10:25 AM.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      OK, probably I was not clear enough. So here's my situation:

      (1) Completed BS in Electronics Engg--------2002
      (2) Worked as System admin for 1 year------2003
      (3) Completed MS in Engg-------------------2006
      (4) Worked as System admin for 1 year------2007

      So I have a MS+2yr experience. But my between my 2 yrs experience is not continuous 2 yrs since I did my MS in between. However at both of my previous jobs I worked as a System admin. Can that be called progressive?

      Now I am working at my current employer as a System admin again. So by qualifications I think I am eligible for EB2, provided job requirements say that a MS is reqd. Currently the job requirements are BS+2yr so I am filing under EB3. However, my employer could raise the job title (something like Senior System admin) and also update the job requirements a little to accomodate me into EB2.

      My questions is: Does DOL and USCIS consider a System admin (or for that matter SENIOR System admin) position to be in Job zone 5? What would be chances of an approval/denial of my case if I file under EB2 with the SENIOR system admin position?

      Comment


      • #4
        I don't know anything about the Job Zone and SVP of X and other things. I am not into software either so I am not in a position to comment on the chances of approval based on my expereince.

        If the job requirement say that an MS + 2 yrs experience is "normally" required, you may qualify. Remeber, experience gained while wroking for the same company may not be counted when meeting the job requirements. The experience could be either after BS or MS.
        Last edited by DMX17; 04-09-2008, 01:43 PM.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          Thank you!

          Yes- All my experience is with my previous employers. I am not counting my experience with my current employer.

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