I have 4 yrs 11 months of previous employer exp. can i apply in EB2

I have 4 yrs 11 months of previous employer exp. can i apply in EB2.

I finished my BE in July 2010 and immeadiately after the final exam i joined a company.

In june 2015 i left this company. i was not aware of this 5 years previous employer factor while resigning.

Now i am in a dillema that if i have to go in EB2 or EB3. since i have 1 month gap which unfortunately i cannot show it.

any suggestions guys?

is 5 years mandatory? isn’t it like 5 yrs of progressive experince and 2 years mandatory required?

My employer is saying i can go ahead if my previous employer can give experience from June 2010 instead of July. I may get the experience letter but 1 month will be a overlap with my education certification, i am not sure after reading through all the blogs i am a bit scared now. because work experience during the degree is not considered as work experience.

do we need to submit all BE 8 sem marks cards for I140 stage? because in degree certificate it only mentions i have passed out in 2010. but in 8th sem marks card it is specifically mentioned that month and year of passing is July 2010

Please advice

I have heard from few attorneys who have mentioned that 5 year rule is non-negotiable and they strongly advise against filing in EB-2 otherwise. So EB-3 looks like the way to go for you.

Maybe file n EB-3 for now to lock-in the priority date. Later you can upgrade to EB-2 through same employer or a different one.

So the 1 month of work experience overlap with degree certificate Passed out date will not be considered as actual work experience right?

I don’t think so. You mentioned some feedback given by your employer. Did you get a chance to talk to your attorney? Employer usually respond from their “gut feeling” in such cases, but attorneys can respond what’s legally allowed.

No i havent spoken to Attorney yet. will try to contact them monday.

Ya employer is saying this would work but 5 years is mandatory. so they are asking me to get experience letter from June 2010.

but if USCIS checks closely for my month and year of passing will there be a red flag raised that i started working before my bachelors and that 1 month is not counted. then i guess 1140 will be a direct denial