Eb3 or Eb2 - M.C.A Degree - clarification

[KrishnaMohan]

Hi ,

My employer has filed LABOR in March 2005 just before closing old RIR process.
Recently my labor got approved, but my lawyer is saying that my case cannot be filed in EB2 but he can file in EB3
because i have B.Sc(math,phys,chem) - 3 Yrs degree + M.C.A(Master of Computer Applications - 3 Years

1) My bachelor degree is 3 yrs so USICS is not considering this in to EB2 , even though i have M.C.A degree.. is this true ?

2) I have one or two months gap in my total experience
so by March 2005 i will be having some two months less - will they consider exact 5 yrs will this be a problem ?

My Details

Education :- 10 yrs (school) + 2 yrs (Intermediate) + 3 yrs (B.sc) + 3 yrs (M.C.A)
Completed M.C.A degree - April 2000

Details in Labor Approved & ETA 750B

14:- Section
------------

State in detail the Minimum Education, training, experience for a worker to perform
satisfactorily the job duties described in the Item 13

Specified :- ENGINEERING, MATHEMATICS OR RELATED FIELD

Education (No Of Yrs) Grade school - , High school - , college
Specified :- 8 4 4

College Degree Required (specify)
Specified :- PLEASE SEE ITME #15*

Major Field of Study
Specified :- COMPUTER SCIENCE

Training :- No Yrs No Mos
Specified :- 0 0

Experience :- Job Offered Related Occupation
Yrs Mon Yrs Mo
Specified :- 5 0 5 0


15:- Section
------------

Other Special Requirements

Specified :- BACHELOR OR EQUIVALENT DEGREE AND/OR EXPERIENCE


ETA 750B
--------

They have specified my M.C.A + B.Sc Degree + all experience 5 yrs

I am new to this form please advise if any one has any suggestion

[gopigullapalli]

You can apply as EB2. Even i did the same thing.

[immihelp]

Yes, you can apply for EB2.

[infoseeker]

Qualification for EB2

I am planning to file my case under EB2, but not sure wether I qualify for EB2 or not. I have B.Sc (2 years) + MCS (2 years) = 16 years education. I also have 6 years of programming experience. Do I comfortably qualify for EB2?

My case has already been filed in EB3 and have got 140 approved, but due to painful retrogression in EB3, I am planning to switch to EB2.

Also, if I am able to file under EB2, can I still keep my EB3 priority date?

I will really appreciate your response in this regard.

Thanks.

[lakeview]

EB2 or EB3 determined by job

Whether you apply under EB2 or EB3 does NOT depend on your personal qualification/degrees. It is determined by your job requirement. If your job only requires BS/BA degrees, you can only file under EB3. If your job requires MS/MA degrees, you may file under EB2.