Legal Question in Immigration Law in Tennessee

I have a 3 yrs bachelors degree and 3 yrs Masters in Computer Science degree from on open university in Delhi , India. I have around 12 yrs of IT experience in India and 1.5 yrs in US. My company filed my green card in EB3 category . My Perm recently got approved. Is it possible for me to switch to EB2 ? If yes, then what is the right stage to move ?


Asked on 1/24/15, 7:42 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

No. First, a labor certification application must be approved in the EB2 category. Second, USCIS will only approve EB2 I-140's where the foreign worker has a 4 yr University Degree and a Master's Degree or 5 yrs progressive experience. They do not allow work/study equivalencies for EB2 case, only for EB3 cases.

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Answered on 1/26/15, 9:05 am


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