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chi_shark
01-06-2009, 06:43 PM
hey guys,

so for eb2, do we need to have 5 years US experience or india exp is OK? i have eb2 approved 140 based on 5 years exp out of which about 3 is in US... can that be a problem now? can they go back to my 140 at the time of 485 adjudication and get me out of here? man i am scared...

a_yaja
01-06-2009, 07:18 PM
hey guys,

so for eb2, do we need to have 5 years US experience or india exp is OK? i have eb2 approved 140 based on 5 years exp out of which about 3 is in US... can that be a problem now? can they go back to my 140 at the time of 485 adjudication and get me out of here? man i am scared...

Five years progressive experience - means experience after your Bachelors degree. Does not have to be US experience.

As far as USCIS going back to I-140 and revoking it - yes they can - for any number of reasons like:
- fraud (fake degree, exp. letter, non-existent company, etc)
- discover errors in the adjudication process
- because they can

skd
01-06-2009, 07:22 PM
hey guys,

so for eb2, do we need to have 5 years US experience or india exp is OK? i have eb2 approved 140 based on 5 years exp out of which about 3 is in US... can that be a problem now? can they go back to my 140 at the time of 485 adjudication and get me out of here? man i am scared...

5 years BUT NOT counting the experience with current (GC Sponsering) employer

javadeveloper
01-06-2009, 09:01 PM
5 years BUT NOT counting the experience with current (GC Sponsering) employer

I have Bachelors Degree.If I have 4.5 years of exp before joining company A ,company A applied for Labor in Eb3(140 approved and applied for 485/EAD) , then I switched to company B on EAD and gained 0.5 years of exp,switched back to company A.Can company A apply for EB2 labor? Exp gained from company B is counted to make it 5 years exp?

snathan
01-06-2009, 10:05 PM
I have Bachelors Degree.If I have 4.5 years of exp before joining company A ,company A applied for Labor in Eb3(140 approved and applied for 485/EAD) , then I switched to company B on EAD and gained 0.5 years of exp,switched back to company A.Can company A apply for EB2 labor? Exp gained from company B is counted to make it 5 years exp?

:confused::rolleyes:

a_yaja
01-07-2009, 12:21 PM
I have Bachelors Degree.If I have 4.5 years of exp before joining company A ,company A applied for Labor in Eb3(140 approved and applied for 485/EAD) , then I switched to company B on EAD and gained 0.5 years of exp,switched back to company A.Can company A apply for EB2 labor? Exp gained from company B is counted to make it 5 years exp?

This is an interesting case. IMO - yes, Company A can file for new labor, etc - but has to be for a new position (new position implies different job duties, etc - cannot just be a different title with same job requirements). If you file for the same position, the chances of either the LC or I-140 getting rejected is very high. Why? Because DOL or USCIS can come back and say - "previously for the same position you said you need 4.5 years experience - why do you need 5 years experience now?" Just because a candidate has 5 years experience does not mean that the position qualifies for EB2. In your case it is extremely risky since your Labor is already approved. Worst case scenario, they could go back and revoke your existing LC as well which would automatically cancel your I-140 and I-485.

Talk to a lawyer for such cases.

Green.Tech
01-07-2009, 12:49 PM
5 years BUT NOT counting the experience with current (GC Sponsering) employer

...unless of course you can show that the experience with the same employer was progressive in nature and that you are in a different position than the EB-3 position and the new positions job responsibilities are different from the EB-3 position by 50% or more.