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venky80
06-15-2008, 08:43 PM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks

meridiani.planum
06-16-2008, 12:10 AM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks

education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?

venky80
06-16-2008, 12:33 AM
Well they advise me to go for EB3 wouldn't EB3 have the same issue?
because my bachelors is also in mechanical engineering

razis123
06-16-2008, 11:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?

rockstart
06-16-2008, 01:46 PM
I dont think USCIS will again match your education with labor now at 485 stage in normal circumstances unless there is some fraud. 485 is more about your name check and fingerprint check along with if you were ever out of status. The only thing they can ask again is a new employment offer letter.

venky80
06-16-2008, 05:35 PM
Raziz,
Did you get any queries ever? I mean RFEs?

razis123
06-16-2008, 05:42 PM
nope..neither for LC or 140...
Raziz,
Did you get any queries ever? I mean RFEs?

venky80
06-16-2008, 07:44 PM
That is pretty cool, I hope other people who are in my scenario respond here, so that we can explore specific strategies, coz regardless of your masters in any degree you so learn sophisticated skills to handle specialized jobs.
I definitely believe my masters gave me those skills.

Maverick5
08-26-2008, 04:57 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.

Ramba
08-26-2008, 05:29 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.

It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.

Maverick5
08-26-2008, 06:20 PM
Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.

I am hoping that Engineering (Any) would cover for Mech Engg.

rangakutta
02-10-2009, 12:24 PM
Hi ,

I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

Please advise !!!!!!!!

Thanks

snathan
02-10-2009, 12:50 PM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

It will come only for I-140. You will get the approval in Perm.

snathan
02-10-2009, 12:52 PM
Hi ,

I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

Please advise !!!!!!!!

Thanks

No one is comfortable with Eb3...do you have Master or Bachelor in EE? Any it has to do with the job requirement and not with your or your degree.

rangakutta
02-10-2009, 12:56 PM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.

snathan
02-10-2009, 01:12 PM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.

Then your job requirement decides whether its EB2 or EB3.

rangakutta
02-10-2009, 01:16 PM
SO who will decide wether its EB2 or EB3 ,. wether my consulatnt company when he is gonna put an add in the job site or the USCIS ???

Thanks for all yur advise. Ia m very new in this

pappu
02-10-2009, 02:18 PM
Check the job requirement for your position. What is the qualification needed for your position?
That will answer you.