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Immigration Issues/EB2 eligibility--PERM

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Question
If job requirement is EB2 eligible and I have 3 year bachelor degree followed by 2 year work experience. Then I got US 4 years bachelor degree then 3 years of work experience.

1. Will I be eligible for EB2 ( bachelor + 5 yrs experience )if I join new employer ?

2. Can i use experience that I got while working full time during F1 OPT period?

3. I had also work part time while in F1 as computer tutor. Is that experience valid to qualify for EB2.

4. Is it possible to be eligible for EB2 based on education , if I get master's degree after joining the company ?

Thank  you for your time and help.

Answer
Hi,

I recommend filing PERM (also known as labor certification) under EB3. The USCIS does not allow combining degrees, and your highest degree completed is a four-year U.S. bachelor's degree. In addition, the employment experience should be counted starting from you when complete the U.S. degree.

Your OPT is considered post-completion of degree training and I do not recommend it being considered as employment experience for determining whether you qualify in EB2.

If you complete master's degree while employed by the sponsoring employer, then the master's degree will not be helpful in being sponsored in EB2 category by the same employer. However, if you complete your master''s degree and you are sponsored by a new employer, then the PERM application can be filed in EB2.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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