My education (as per the education equivalent evaluation):
3 years of bachelors degree from India (equivalent to US bachelor's degree in business administration & computer science) and
3 years of master degree from India (equivalent to US Master's degree in computer science).
My experience: total 8 years in IT (5 years in India & 3 years in US).
Will my case be considered under EB2 or EB3 category?
I'm a little uncomfortable with you stating that 3 year degrees in India are equal to 4 year US degrees.
You should pay an educational evaluation company to provide a report for you.
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2 lawyers agree
If USCIS accepts the evaluation and agrees that you possess the equivalent of an advanced degree, you should be considered under the EB-2 category provided that the job requires an advanced degree.
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It is possible.
Hire a lawyer to protect your legal rights.
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Most likely EB3, as your bachelor's is not a 4 year degree.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Samuel. If an qualified evaluator equates your foreign Master's degree to an advanced U.S. degree, you may qualify for EB-2. Having said that, the evaluation still has the same footing of a recommendation. USCIS ultimately decides whether the job is one which requires an advance degree and whether it comes under that category. Talk to an experienced immigration attorney after you have been offered a job requiring an advanced degree so he/ she gets the complete picture.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.