View Full Version : Perm Using Existing Job Recruitment Process

08-16-2011, 07:24 PM
My company has filed me an EB3 certification way back in 2004 and was filed in EB3 though i have masters degree because of the position thing etc etc.

Over the period i got promoted and i requested for EB2 upgrade and they accepeted. In this process my attorney used an existing JOB RECRUITEMENT process and filed my perm.

My Concern is
--> in the perm filing where job description it is pretty straight forward and aligns with what i do.

--> The qualification says that Bachelors Plus 5 yrs experience.
--> In additional details it mentions some Programming languages (which i dont have experience) and a line which says " Any Other combination of education or experience is considered. "

No where in the qualification it mentions that it needs a masters. My attorney just applied with Alternate degree using my Masters and has selected the tab as Alternate Dregree. and has just simply put No previous experience.
I have been with the same company for the last 9 years and didnot have any prior experience except for 2 yrs.

I am just trying get some of your opinion that it is OK to use MASTERS though not mentioned in the QUALIFICATIONS.

As far as my company it is a Fortune 500 with No Layoff history in the past 10 yrs.

Just worried that something was not done right.

Your Input is greatly appreciated.

08-23-2011, 01:54 AM
Don't want to alarm you but unless the JD clearly states that the company is prepared to accept a Master's degree as an alternate to Bachelors + 5 yrs, it doesn't make sense for your lawyer to apply with your Master's degree. Secondly, per DOL, Bachelors + 5yrs is equal to Masters + 3 yrs of exp. So if a JD states Bachelor's + 5 yrs, it's alternate must be Master's + 3 yrs. But to file in EB2 all you need is a Master's degree (0 years exp is fine) BUT your JD should state only Master's degree in that case. If it's states Bachelor's + 5 yrs exp then... you get my point? Better get a second opinion. I'm still a novice but I've talked to a couple lawyers till now and this has been consistent in their advice. You should think about your case and be careful coz lawyers have nothing to lose - literally. They will make money irrespective of whether you get a GC or not. But if you get into audit then you'll be the one paying dearly. Best of luck!