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Can my husband get his greencard filed in EB2 Category?

Discussion in 'Immigration Matters' started by Yahooo, Aug 9, 2013.

  1. Yahooo

    Yahooo Silver IL'ite

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    My husband has a Bachelor's Engineering degree(4years) from India. He worked in India for 1 year from mid 2004-mid 2005 and then moved to the US on a project. He worked in that project for 6 months and then went back to India for a month and then again came back to the US in 2006 January and since then he is here. He has been working for the same company from 2004 to 2012 January. Meanwhile that company filed his GC in June 2010, since they filed it in EB3 category, my husband changed his job and now he is in a different company. This company is going to file his GC, not sure if they are going to do it in EB2 or EB3. His PD will be June 2010.

    1. He is an engineering graduate(4 years) from India.
    2. He has an experience of 9 years(7 years in the previous company and 2 years in the present company)
    3. He is a Team Lead for around 15 QA members.
    4 He earns around 120K/year.

    Are these enough for the attorney to file his GC in EB2 category or does he need to do anything more? While recruiting him in the new company they never asked for a bachelor's or master's degree. They just asked for an experience of 8 years in QA. Can the same Job Description be given while filing GC or do they need to mention the need for a Bachelor's degree graduate with 9 years experience(one of my friend said that if they dont mention the need for qualification and just ask for experience alone automatically the attorney will file his GC in EB3 Category). Is this true?
     
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  2. hgulla

    hgulla Silver IL'ite

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    Basically the job description should state bachelor's plus 5 years at a minimum.
    If it had no degree requirements whatsoever then they can only do eb3.

    So he needs to be in a position which requires bachelor's plus 5 or masters plus 1 at a minimum.

    But he is qualified for eb2.
     
  3. Yahooo

    Yahooo Silver IL'ite

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    Thank you so much gulla.
     

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