I have 4 year engineering degree from India and 6 years of experience in related field . My company B is filing GC in EB 2 for me . I worked for company A before . The company A and company B are sister concern . . . . . will my experience with company A be not considered since it is sister concern ? will there be any problem in future . . . . Please advice . . . . . . I was told the experience gathered in same company will not be considered . . . we need to have prior 5 year experience to be sponsored for GC . . . . . Appreciate your help
can anyone please answer the question?
yes, it could be a problem. The India degrees are always a problem since a bachelor's degree in India e.g. bachelor of commerce is only 3 years and in the US its 4 and USCIS position is that unless a bachelor is 4 years its not a bachelor's degree. The master's degree in India is not going to qualify you for a master's (US) Standard degree and will combined with the BA only be considered a US equivalent of a BA. The issue of prior work experience can be used if in a different field or job description where at least its 50% different compared to the prospective position going to be filed by company B. The companies if they have different federal tax identification numbers may work and be considered as not being the same entity and therefore the experience may work as prior progressive work experience. Hire competent immigration counsel. Good luck.
Technical degrees from India that are of four year duration including your Engineering degree are recognized by USCIS and EDGE ( data base used by USCIS to verify degree equivalencies) to be equal to a U.S Bachelors degree as long as they are from a an accredited institution. As long as company A has a different federal ID number from Company B it will not be considered the same company and your experience from company a will be recognized .You should be fine but please consult with a competent attorney that practices Employment based Immigration law.
As stated your 4 year engineering degree should be equivalent to a U.S. bachelors and whether the experience at your previous company will be considered depends on what the relationship actually is between the two companies. If the sister companies are truly separate entities then experience earned at the previous company will count. Consult an attorney to be sure.
I agree with my colleague Mr. Calehr. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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