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Am I eligible for EB2? urgent, pls reply!

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  • Am I eligible for EB2? urgent, pls reply!

    Job: Network Support Engineer at a very reputed Telecommunications/networking firm

    Current visa status: H1-b (start 10/2011)

    Pay: 65k per yr

    Education:
    Masters degree in telecommunications from a highly reputed US institution

    Work Experience: <1 year of full time work experience

    Job requirement: My manager has mentioned that a masters degree is a pre-requesite for the job and he is willing to fully support me in my quest for permanent residency thru EB2.

    Everyone else in the group are veterans in the field and as old as my dad. Im sure they have more than 5yrs experience and a bachelors degree if not a Masters.

    What the attorney says:

    1. The DOL does not consider my job to fall under the Masters degree requirement and would put my qualifications as "excessive" for the job.

    2. In O* net my job falls under Computer Systems Analyst or Network/systems administrator and this does not require a masters degree.

    3. If we (my manager and I) still proceed to put the requirement as Masters degree for the job, we are doing at our own risk and it is likely that my petition maybe rejected (their exact words)

    4. They also sent a Perm business necessity data sheet - this has questions asking as to why my role in the company needs a masters degree as opposed to a bachelors degree. The question look hard to justify but I think its manageable.

    What should i do? I clearly dont want to apply under EB3, and i made this very very clear each time I spoke to the attorneys. My manager is extremely supportive and will do anything legally possible to help my cause.

    Please advice!
    Last edited by abirama86; 02-24-2012, 03:38 PM.

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