I have done Bachelor in Commerce (3 years degree) with 3 years Computer Science degree (GNIIT) from private institute NIIT from India.
My total IT work experience is 14 years and currently working with employer A from last 10+ years. Joined company A in India, was deputed to US earlier on L1B visa for 5 years (2007-2012) and now am deputed again on H1B fresh visa.
I am planning to switch to different consultant B soon.
Please advise whether my case would fall under EB2 or EB3?
EB3. You need to file PERM as soon as possible if you want to stay is USA as your running out of 6 years.
Actually, The category doesn’t depend on the experience you have. It depends on the job requirement. A petition for EB2 can only be filed when the job requires an advanced degree. This can fulfilled by either having a Masters degree (4+2) or Bachelors plus 5 years of progressive post-baccalaureate work experience in the related field.
Now if the job requires only Bachelors degree then petition can only be filed for EB3 category even if you have advanced degree.
Since you only have 3 years of bachelors degree you are not eligible for EB2 even if the job requirements says Advanced degree or Bachelors plus 5 years of progressive work experience. You do not have a foreign equivalent of a U.S. Bachelor’s degree (4yrs).