EB2 Green Card

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

  1. EB2

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Regarding Form G-884 (Returns of original documents)

Detailed question:

I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card documents from USCIS without knowing my employer?

Answer:

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

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Green card through a future job

Detailed question:

I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

FAQ Transcript:

There are only two things.

1. “I” the employee has the good faith intention in taking that job. You may never have to join that job but you should have the good faith intention to take up that job when the green card comes through. You may never have to do it but you should have the intention.

2. The employer must have the same good faith intention of hiring you sometime in the future. What is that time within a commercially reasonable period after you get your green card or any time before that?

 Let’s say you get your green card approval today the future employer should hire you within 3,4 5 months. That is the commercial reasonable period. 

So applying for a green card through a future job - can it be done and the answer is "yes" it is allowed. The employer should have ability to pay wages and that is an important thing. Other than that all that is needed is good faith intention on part of the employer and employee to give and take the job.

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How soon can I change employers after getting green card?

Detailed question:

I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

Green card which is employment based does not require you to enter into slavery.  It requires only this. On the date your green card was approved it was your intention to work at your job indefinitely, not permanently. So if I got my approval today and today I continue working indefinitely for the next few days or years but a week later I got a better job can I leave and the answer is yes. I think you can. But let’s say I already have an offer at hand and I got my green card and I want to go and would that be considered indefinite.  Probably not.  The government can take an objection but even there if the job was same or similar to what the green card job was I think a good argument can be made under AC21 portability. Currently the law requires only to have indefinite intention but on the date you got your green card. However once the green c ard is approved and if your intention changes, then I do not see any problem with it. 

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How to get a copy of I-140 approval

Detailed question:

My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br> How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

First of all you really don’t need a copy of the I-140 approval. We have been able to get H-1 extensions as well as priority date transfers based upon just your name, social security number, date of birth , name of the old employer, but you should file a Freedom of Information Act request. If you go to the USCIS list of forms you will be able to see FOIA Freedom of Information Act. Strictly speaking it is a Privacy Act Request but they are the same form. The form is G-639. That will give you a copy of your documentation. Often time’s government gives you a copy of all your paperwork including your I-140 approvals. So doesn’t hurt to try that way. So we don’t really need it. You should be ok. But it is a good idea to have copies of everything that the government has and can share with you. So when you file the FOIA/Privacy Act Request form it’s free to file and there is no charge on it. In a few months (4-5 months) you will get copies of the documents and it could very well include I-140 approval as well.

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Green card through two employers and future employer

Detailed question:

I am in a very difficult/complex situation, the situation is as below:<br> Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br> Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br> Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br> Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br> Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br> Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br> Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Answer to Q1. In other words you have the intention to join both of them but you haven’t chosen yet and I think that’s quite OK as long as that intention remains and the employer’s intention remains to hire you at the present date or future date you can file a green card or even an I- 485 that’s perfectly permissible. Actually you don’t have to join them on EAD you can join them after the green card is approved as long as you have the intention to join them the green card can go forward. 

Answer to Q2. No you do not. 

Answer to Q 3. The answer is yes 

Answer to Q 4. The problem is USCIS can always question this arrangement from a common sense perspective. This type of situation has not been questioned very frequently. In my entire twenty plus years of practice of immigration law I have had only one instance out of Chicago where this issue was raised and questioned. We get a kick back from USCIS saying well you know if he wants to work permanently for this employer why is he working for the other one why did he leave and we had a very good answer. In fact being paranoid we had prepared for that and made sure we knew what the reason was and it was genuine. This company was specialized in JD Edwards ERP and JD Edwards had lost a lot of market share so the individual in question the green card employee was a senior technical person and he went to get experience in other types of ERP. He looked at SAP and he was doing work in oracle finances and applications. He was learning all these technologies and the idea was he would be able to bring it back to the employer and they would be able to expand their ERP offerings and we were able to get that green card approved without any problem. So even though he was working for another employer the prior employer got his green card approved and once the green card was approved he joined. By the way under AC21 once the I-485 has been pending 180 days you can file an AC21 without joining the prior employer. The intent to join has to remain active in your own mind till 180 days or I-485 pendency has passed.

Answer to Q 5. I think that’s OK. 

Answer to Q 6. No because the government has made it clear we just want one active I-140 we don’t care which employer it has been approved with.

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Procedure for Porting a Priority Date from One I-140 to Another

Detailed question:

I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.

Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.

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Changing from EB-3 to EB-2 Category

Detailed question:

I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=472

FAQ Transcript 

The idea is once an I-140 is approved under any category EB-1/EB-2/EB-3 the priority date becomes the property of the employee. Whether the employee goes to work for a different employer or a different job completely or like a different job where you go from being a IT professional to a civil engineer you would still carry your priority date. This is not AC21.  AC21 requires same or similar job but that also requires I-140 approval, I- 485 pending for 180 days. This is not that case. The priority date transfer from EB-2 to EB-3 requires only the I-140 is approved. 

Hence the answer to the question is YES. If you get a job with the same employer or with a new employer that requires a masters degree or bachelors plus five year experience type of qualifications and your priority date will remain the same. The difference between AC21 and priority date carry over date is this: In AC21 you do not have to re file the green card. You can take the whole green card and take it over to a same or similar job if you’re I-140 is approved and I- 485 is pending 180 days. But in the priority date transfer you carry forward nothing. You only carry the priority date and it can be ported from EB-2 to EB-3/EB-1 to EB-2/EB2 to EB-1 it doesn’t matter. There is no requirement that the job that you are filing for is same or similar. That is the difference between AC21 and priority date transfer.

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Changing Jobs During Green Card

Detailed question:

I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

Answer:

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

In this scenario we have employment based people who are good workers, very skilled people and they have a lot of trouble changing jobs or advancing in their careers because technically while the green card is going on even if you take up a promotion you could end up losing your current green card and have to start all over again - at least part of the process. So this is not a good thing. 

Keeping in view with the current law what Obama had said on November 21st about his plan and finally what this bill (Immigration Innovation Act) says. 

First of all under the current law if you change your employers before your I-140 approval is obtained you will lose everything. You have to start all over again. That means if you are a EB-1 based candidate your I-140 must be approved. If you are an EB-2 or EB-3 based upon the labor certification your perm application must be approved and then you’re I-140 must be approved. Remember I-140 can be filed by premium processing. So you got to get your I-140 approved very quickly. Generally speaking if you move before I-140 is approved you get nothing. If you move after I-140 is approved but before I- 485 is filed you keep your priority date and you keep the right to extend H-1 beyond six years as long as the I-140 is not revoked. This is an important concept to remember. You keep your priority date - that means when you go to the next employer you will have to start the green card all over again but your priority date will be the date the first case was filed which again is a very big advantage. The priority date is capped but here is an additional provision. if your priority dates are current and you have filed I-485 with the old employer, after 180 days of the I-485 pendency and the I-140 approval you can take any job anywhere with any employer and be able to carry the same green card forward without having to redo any work. so before I-140 you get nothing, after I-140 and before I-485 you get your priority date and the right to extend your H-1 beyond 6 years and after I-140 approval plus I-485 filing 180 days thereafter you get the right to keep your green card even if you take a slight promotion with another employer or move to an entirely different employer as long as the jobs are same or similar. 

President Obama said normally applicant can only file the last step - the I-485 if the priority date is current. He said he would change that by allowing the applicant to file I-485 along with the I-140 no matter where the priority dates are. This is a big advantage. That means technically just roughly speaking once you start your green card process through PERM in a year and half you could be free to join any employer – proximately or two years at the most as long as you  maintain the job category you are in. President Obama also said he is going to make it clear that advancement in career is considered to be same or similar job so that your green card will not be disturbed. And that idea has been very welcomed. Combine that with the Immigration Innovation Act you could be getting your green card much earlier than 3, 4, 5....10 years that you are waiting for right now. So all these things combined are very good signs for people in a situation such as the query above. If you have not yet got your I-140 approved and you are far from that stage it’s ok as long as you don’t have H-1 problems. If you are about to get the I-140 approved then get it approved. If you have H-1 issues beyond six years make sure the second H-1 is approved before you change employers. Once the H-1 is approved for 3 more years even if the old employer revokes the I-140 they cannot take your right to the H-1 you already got. You can start another green card and protect yourself.

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Concurrent AOS filing for EB-2 Physical Therapist

Detailed question:

Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".

Answer:

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

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Obama's Immigration Action EAD At I-140 Stage

Detailed question:

I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

Answer:

I have heard that there is a proposal to allow filing of I-485 at the I-140 stage, without waiting for priority dates to be current. This, if implemented, would get you an EAD as well as the right to change jobs under AC21. Unfortunately, there is no clear indication about this proposal in any government document so far. 

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Cross-Chargeability

Detailed question:

I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules. <br> 1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules? <br> 2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)? <br> 3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth? <br> 4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?

Answer:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1305

FAQ Transcript

Here is the situation. What is Cross-Chargeability? Let me explain. Normally when we do analysis which country quota do you belong to for your employment based Green Cards we go by your country of birth. If you are born in India and you are citizen of Japan, you are still going to be charge to India not Japan. If however, your wife is born in third country in Japan you are born in India but your wife is born in Japan, you can be charge to Japan that is called Cross Charge-ability. That is very useful thing to have, because all of sudden from a heavily backed up country you go to country where dates are current. 
So the problem is she is born in Nepal but does not have the birth certificate. Before I go to the birth certificate question, let me go one by one. First is, does USCIS have discretion to deny such cases? Or do they have to give me the Cross charge-ability? The answer is they have to give the cross chargeability. This is not the question of discretion; they are not doing any favors. Once you meet the requirements and you can prove it you are entitled to your cross charge-ability. You cannot be denied your I-485 for this reason.
Now, she does not have the birth certificate from Nepal. Birth certificate is the only way to prove the location of birth, it gets tricky. In normal circumstances if you don't have a birth certificate what you will do is you will get a certificate of non availability from the village Panchayat or Municipal corporation where she is born saying that her birth is never recorded. Then you will get two affidavits from people like her parents, who say that we know that she is born on this date, this place. In areas of cross charge-ability USCIS may require further evidence. It can be any evidence about where she lived in Nepal, things like that but if you try to register her birth now that's not going to happen.
So if you do go through the cross charge-ability and your dates are “current” typically your Green Card should be done within a year.
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Writ of Mandamus for Govt. Delays

Detailed question:

Hello Rajiv Ji, Thanks for your time and responses (over the email). I have below questions. 1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks. 1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it? 1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again. 1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"? 2) I am using my EAD. My labor says "Senior Analyst" as my job title. 2.a) Can I accept a promotion with a director/managerial job title ? 2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects. 3) Can I switch to H1-B as a safe measure? 3.a) Does switching mean I am abandoning my GC? 3.b) Do I need to go out of the country for stamping or can I continue to work without going out? 3.b) what are the risks involved?

Answer:

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

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Indian Experience While Filing PERM

Detailed question:

My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA)<br> Job requirement:<br> Education: Master’s degree, or equiv., in computer information systems or related field Experience: At least 1 year in position offered or in design defect fixes/enhancements I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer). Can we show current employer India experience while filing PERM?

Answer:

Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
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EB-2 or EB-3

Detailed question:

I have two Bachelor's degrees from US universities. A 3-year Bachelor degree in Science and a 2-year Bachelor's degree in engineering. Will I be considered for a EB-2 visa with this? In case I don't qualify for EB-2, my dilemma is that, I have worked approx 4 years at my current job. Should I wait another year to file EB-2 or should I just file EB-3 now? Also, do internships qualify when counting the number of years of work after school?

Answer:

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

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GC in L1-A Visa

Detailed question:

I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. <br> My Questions:<br> 1. How long I need to wait to initiate the GC process?<br> 2. Do I have a choice of selecting the type - EB-1 vs EB-2?<br> 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC?<br> 4. Should I apply ONLY through my employer or can I apply myself

Answer:

1. You can apply for green card without any wait.
2. Yes, but EB-1 is a gazillion times faster for Indian-born people.
3. Degree is not a requirement for international managers/execs.
4. Your employer needs to apply. 

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EB-2 and 3+2 Pattern of Education

Detailed question:

I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?

Answer:

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

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Exhibiting Immigrant Intent

Detailed question:

I currently have a J-1 (for four more years, no HRR). I am thinking about applying for an EB2-NIW. The question is, if I don't get the EB-2, will I have problems with traveling with my J-1? Can the officers at the airport know that I was denied an EB-2 and thus showed immigration intent?

Answer:

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.

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EB-2 Visa for a Veterinary Assistant

Detailed question:

I live in Bulgaria and I have a Master's Degree in Veterinary Medicine. My question is can I get a EB-2 visa if I work as a veterinary assistant in the USA ?

Answer:

You can qualify for EB2 only if two conditions are met:

1. Your degree is equivalent to a U.S. advanced degree (a credentials evaluation service needs to assess that under proper standards); and

2. The job requires an advanced degree or equivalent experience.

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Contacting USCIS when EB-3 is Changed to EB-2

Detailed question:

How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?

Answer:

Send an email to the Nebraska Service Center at NCSCfollowup.NSC@dhs.gov or the Texas Service Center at TSC.NCSCfollowup@uscis.dhs.gov.  Make sure to include the Case Number and A# of the beneficiary(s).  If applicable, attached scans of any notices for the USCIS to reference.

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Green Card Eligibility Under EB-2 Classification

Detailed question:

Is it necessary for a beneficiary petitioned for Green Card under EB-2 classification (based on a U.S Master’s Degree) to have a degree from an accredited U.S. university?

Answer:

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes. A university’s accreditation status may be determined from the following website:

http://ope.ed.gov/accreditation/

You may also want to watch this video Mr. Khanna prepared, “Accreditation of distance education for EB-2” and read the transcript:

 http://www.immigration.com/media/eb2-green-card/accreditation-distance-e...


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Completed Master's Degree in One Year

Detailed question:

I have a Master’s Degree in Science. I have been awarded the final Degree certificate by the University. But I completed the conventional 2 year program in just 1 year. Will USCIS see my M.Sc degree incomplete?

Answer:

This is where the evaluators step in. We have had issues with USCIS in these situations. Evaluation done under EDGE database should convince USCIS.

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Qualifying Degrees for EB-2

Detailed question:

What degrees qualify for EB-2?

Answer:

In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:

1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.

2. Four-year Bachelor’s Degree + two-year Master’s Degree (India) – With degrees in the same or related fields, this will generally be considered the equivalent to a U.S. Master’s Degree and no additional document is required.

3. Three-year Bachelor’s Degree + three-year Master’s Degree (India) – With degrees in the same or related fields, this will generally be equivalent to a U.S. Master’s Degree and no additional document is required.

4. Three-year Bachelor’s Degree + one-year postgraduate diploma + two-year Master’s Degree (India) with degrees in the same or similar field - This would generally be considered the equivalent of a Bachelor’s Degree plus one additional year of education. Therefore, the beneficiary would also need to have five years' progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year Bachelor’s Degree, it is possible that this would be considered the equivalent to a U.S. Master’s Degree and there would be no need to establish five years' progressive experience.

5. Three-year Bachelor’s Degree + two-year Master’s Degree (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference (EB-2) category. 

6. Three-year Bachelor’s Degree + two-year Master’s Degree (India) + five years' progressive, post-Master’s Degree experience – Generally, the educational degrees would be determined to be the equivalent of a U.S. Bachelor’s + one year and the beneficiary would meet the statutory requirement.

7. Three-year Bachelor’s Degree + two-year Master’s Degree + one-year postgraduate diploma (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference category (EB-2). If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year Bachelor’s Degree or the two-year Master’s Degree, it is possible that this would be considered the equivalent to a U.S. Master’s Degree, and there would be no need to establish five years' progressive experience.

The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty. The post-baccalaureate experience should reflect increasing or advancing levels of responsibility and knowledge in the specialty. The profession should be an occupation for which a baccalaureate degree or its foreign equivalent is the minimum requirement for the entry in the field.

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Trying for EB-2

Detailed question:

Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM. Educational qualifications: Diploma + AMIE + M.Tech Experience: 7 Years exp. post M.tech from previous employer and 5 years from current employer. Does this can be classified under EB-2 for the above job requirement keeping AMIE degree in view? Would it be any issue during I140 regarding the education?

Answer:


The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.


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Eligible for EB-2

Detailed question:

I have a 4 year bachelor's degree from India and 7 years experience. My company has applied for GC in EB-3 and my I-140 is approved. My PD is Sep 2010.My company name is now changed and they are saying that the process has to be restarted from the perm but I can keep my same PD.I checked with the lawyers to see if I'm eligible for EB2 and they said no. My job description says bachelors' degree and 3 or 5 years of experience and hence the lawyers are saying no. Their argument is that the USCIS will deny the application indicating that the job could be done by a person with 3 yrs experience. Am I qualified for EB-2?

Answer:

Note these points. First, a mere name change of the employer does NOT require that green card be started all over again. Second, if the sponsoring employer stops business operations, USCIS can take away your priority date. And, third, the job must REQUIRE 5 year’s exp.

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Restart the green card under EB-2 category

Detailed question:

My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.

Answer:

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

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Avoiding PERM through EB-2 category

Detailed question:

If one applies through EB2 category can the PERM also be avoided then?

Answer:

You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.

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EB2 Master's equivalency and employer

Detailed question:

Regarding EB-2 application, which is more likely to be approved (or faster), the Master's equivalency (BS graduate to be evaluated in a university to be master's equivalent) OR the 5 years progressive experience? There's only one Occupational Therapist that I know personally who was approved and it was through the Master's equivalency (she didn't even have 5 years experience). Also, would it rely/depend on the employer's capability to support documents or does it also depend on how meticulous the lawyer is with the details to be submitted in the USCIS?

Answer:

It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.

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EB-3 to EB-2 with the same employer

Detailed question:

My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.

Answer:

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

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Am I eligible for EB-2 or is it too early for green card

Detailed question:

I am with a major US university as professor for only 9 months (H1B). Physician+PhD, 16 years professional experience in Europe, 20 papers, 1 book. Am I eligible for EB2 or is it too early to apply for EB green card?

Answer:

You are certainly eligible for EB2 and you must apply as soon as possible. Professorial jobs can reuse existing advertisements if they file PERM within 18 months of when the job was offered to them. You should also have your resume assessed for a simultaneous EB1 application.

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Do I qualify for EB-2 ?

Detailed question:

I did three year bachelor of computer science degree from India in June 2005.Then I joined master of computer Applications program (M.C.A) in India in Aug 2005 (3 year program). While still being enrolled in masters degree program, I joined a full time job in a software company in Jan 2006. I was awarded master of computer applications(3 year degree)in 2008, until dec 2010 (5 years) I worked with the same company in a full time job. after i moved to us. Now I am working with US based company from 7 months as a full time employee.(total experience 5 years 7 months).Do I qualify for EB-2.

Answer:

You qualify.

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Chances to get EB2 with B.Sc.

Detailed question:

I have B.Sc. from Israel(06/2002) At 10/2002 I started M.Sc. At the same time I was working as QA eng.(1.5 years) and was checking exercises and exams in university. I stopped my M.Sc. in the middle and joined the company I am working for till now. After 3 years I was relocated to US. Currently I am 4 years in relocation and decided to apply for green card. The law firm, my company works with, decided that I should be on EB3 path. What are my chances to get the EB2 with B.Sc.(Israel)+1.5 years in QA(Israel)+3 years development(Israel)+4 years development(US)?

Answer:

Your degree must be equivalent to a US Bach. degree. Incomplete degrees are not counted for EB2.

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EB-2 experience

Detailed question:

I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.

Answer:

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

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Switching Jobs after I-140 approval

Detailed question:

I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12, 1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)? 2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

Answer:

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

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Green Card Expenses

Detailed question:

For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process -- including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees -- from start to final stamping?

Answer:

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

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EB-2 Question

Detailed question:

I have 3 yr BSc(Computer Science)+ 2 yr MSc(Information Technology)from India and I completed my MSc on May 2003 and I am currently working for my current employer from July 2008 and my job description requires Masters degree + 2 yrs to perform the job. Overall I started my career from Jan 2000 - Till Date. Am I eligible for EB2 please let me know? Also can u explain, will I fall into this category 3 yr bachelors degree + 2 yr masters degree = bachelors degree + 1 year and would require 5 yrs progressive experience to qualify under the EB2?

Answer:

You could qualify for EB-2 under BS + 5.

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Job description for the EB-2

Detailed question:

I've been working for the company that is sponsoring my green card for the past 2.5 years and some of the experiences/skills required in the Job Description were acquired working with this company. Is it valid to include those skills on the Job Description? Should I have acquired those skills before?

Answer:

It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.

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Perm process during OPT

Detailed question:

I completed my master’s degree last summer and started working with a company from 2 months. I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?

Answer:

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

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EB-3 category

Detailed question:

I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?

Answer:

It is possible, but the green card will have to be started again from PERM.

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Can I apply GC in EB-2 category?

Detailed question:

I have BSC from India + 2 years diploma in NIIT (In H1 and L1 they considered my diploma as a master degree ..I guess) in India and 10 years of experience. Can I apply GC in EB2 category?

Answer:

Diplomas are unpredictable. I think EB-2 is doubtful.

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Am I eligible for EB2?

Detailed question:

I have a BE (4 years) degree in Computer Science from India and have a work experience of 7.5 years in the related field. Am I eligible to apply GC in EB2 category?

Answer:

You appear to be qualified for EB-2.

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EB-2 category eligibility

Detailed question:

I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to Product development engineer job within the same company. The job requirement is BS + 2-5 years of experience. I have Bachelors 4 Years, Masters in USA, Research Assistant 1 year 4 months, Teaching Assistant 10 months, Experience as a Mechanical engineer 3 years 7 months. Am I eligible for eb2 category?

Answer:

The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.

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EB-2

Detailed question:

I have 3 years bachelors in computer science and 2 years masters in computer science in India..My education evaluation says masters..so is it possible to apply in EB-2?

Answer:

It is possible, but your lawyers must assess which route is best for you: evaluate the two degrees to be equiv. to a Bach. and use Bach + 5 for EB-2 OR just use the Master's degree (risky).

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EB-2 eligibility

Detailed question:

I have a 4 years Bachelors Degree in Civil Engineering and I am working in IT Industry for the last 13 years with documented progressive experience. Do I qualify for EB2 or EB3?

Answer:

EB2 is possible

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Accredited degrees

Detailed question:

I have a 2 years B.Com from back home & a CA. I have 10yrs of Account exp, plus a CPA. My firm's lawyers refused to file EB-2 & insisted on EB-3. I know two people form another account firm with the same credentials (even same university) who filed EB-2 & got GC. When I got my H1B, I got foreign credentials evaluated & received equivalence to BBA (Accounting & Finance) based on B.Com & CA. But Lawyers insisted that for GC process USCIS won't consider CA.

Answer:

Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.

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Can I change jobs and file PERM and I-140 under EB-2

Detailed question:

Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.

Answer:

You can file I-485 in the month when your priority date becomes current (and then get EAD). Priority dates are reported in the Visa Bulletin. I see no problem in carrying the priority date forward if you file an EB-2 through a new employer. As to risk, that needs to be evaluated by your lawyers.

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EB-2

Detailed question:

I have a Masters in Biomedical Engineering and work in a company that implements eQMS for Biologics, Med Device and Pharma companies. I work as a Senior Consultant. If I apply for my GC, would it qualify for EB2? Also, once I start the application process, if I leave my employer and join another employer, would I have to restart the GC process from the new employer?

Answer:

You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.

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Job Change after I-140

Detailed question:

I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

Answer:

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

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Filing EB-2

Detailed question:

I have a BE (4 yrs) from India and MS (2 yrs) from US and have 2 years work experience. I have to start my green card process in 2011 and I have good chances of promotion to senior engineer also next year. 1. Should I wait for the promotion before starting GC process in order to qualify for EB2? 2. My company has a requirement of BS+5yrs exp for senior level. Will BS+MS+2 yrs exp be equivalent? 3. Should the job description specifically state BS+5 yrs OR MS+2yrs, or either is fine?

Answer:

You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.

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Eligibility for EB2

Detailed question:

I have Bachelor of Business Administration (3Yrs) and Higher Diploma in Software Engineering (2Yrs) and 10 Yrs of Experience in which 7.5 Yrs of experience in required job description. Will I be eligible for EB2 Category?

Answer:

Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.

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EB2 Eligibility

Detailed question:

I have to apply the GC under EB2 category. I have done my B.Sc(CS - 3 yrs) + M.Sc (CS - 2yrs) and having 9 years experience with Tech Architect - Lead(leading 5-20 peoples) position at this moment. My M.Sc(CS) has evaluated as US MS for H1 visa approval. Will I eligible ?

Answer:

If your BS and MS are in the same field and are related to your work, EB-2 should work.

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EB3 to EB2 Portability

Detailed question:

My EB3 I-485 is pending with PD 06/2006. My company is willing to file the new EB2 as I have Indian equivalent Masters (3+3 years) and more experience as well as increased job responsibilities. Can I accept it and do the portability to get my EB3 PD? What is the minimum wage for EB2 category? Would my current company experience counts for new EB2 category? Any suggestions on the EB2 job responsibilities?

Answer:

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

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EB2 qualification with MS

Detailed question:

I have MS in Electrical engineering with 3 yrs exp. The job requirement is for MS in Engineering + 2 yrs. Do I qualify for EB2?

Answer:

Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.

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Masters in Computer Science and EB2 eligibility

Detailed question:

I have done my Master's in computer science in US and I have 6 months experience before joining my current company. Will I be eligible for EB2 category?

Answer:

If the job requires a Master's degree - yes.

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Regarding GC application after PhD

Detailed question:

I am in my final year of PhD (Semiconductor devices) at a university in US. I did my MS in the same university. I have around 5 first author publications. The jobs in my area typically require a PhD, so I was wondering what are my chances of getting green card under EB-2 category (right after I get a job in the industry)?

Answer:

EB-2 chances look pretty good.

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Can EB3 PD be carried to new EB2?

Detailed question:

I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.

Answer:

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

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EB2 - Eligibility

Detailed question:

I have 3-year Bachelor's degree, Certified Software Architect, 15+ yrs experience(including current employer), 100K+ salary. Do I qualify for EB2 under Exceptional Ability/

Answer:

Under EB-1, probably no. Under EB-2, unlikely, but have your lawyers review.

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EB2 Schedule A question

Detailed question:

My PERM application just got denied due to the recent layoff in my company. Can I apply EB2 (schedule A) to bypass the labor certification step? Will the recent PERM denial affect the Schedule A application? Is it ok to submit the schedule A application soon or I have to wait for a certain time period?

Answer:

If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.

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EB2 Qualification

Detailed question:

I have B.Tech in Engineering from India. I have over 13 years of experience in IT.I am working as IT architect.My company is ready to process my GC.Am I eligible for EB2?

Answer:

Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.

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EB-2 with ChE MS + 2 yrs exp

Detailed question:

I graduated from a 4 yr US BSChE program and a 2yr MS ChE program and have been working on an H-1B for the same U.S. University as a Research Associate for 2 yrs.All my publications (2-3) are still pending and I am secondary on most of them.What requirements would the position I am promoted to need in order for me to qualify for the EB-2?

Answer:

You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.

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EB2 eligibility

Detailed question:

I did my BSc (3 years) in Computer Science From St Xaviers Mumbai. Then I did my MCA ( 3 years ) from REC Trichy. I have 7 years of work experience and all those years have been in IT industry.My company is going to file my GC for me. Am I eligible for EB2 category?

Answer:

Yes, you are eligible for EB-2.

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EB-2 with three years bachelor's degree

Detailed question:

I have 3 yr Bachelor's degree (BSc) + 3 yr Bacheolor's degree in technology(BTech) from India and 8 years of experience. Do I qualify to apply for Green Card under EB2 category if the position requiers MS or BS+5 yr experience.

Answer:

Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.

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EB2 or EB3

Detailed question:

I have 7 years of experience with 3year bachelors degree + 2year masters degree from India.Job for which my GC is being filed is Bachelors degree+6yr experience. As per knowledge from different online sources 3year bach. degree+2year masters degree+5years progressive,post-masters exp.- Is considered as EB-2 Professionals with Advanced Degrees.My lawyer is saying since my bachelors(India)is a 3yr program & US bachelors degree is a 4yr program so my case falls under EB3 & not EB2. She also specified that under EB2 category the educational degree must be from a "single source" & not from combination of degrees.

Answer:

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

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GC Processing and EB2

Detailed question:

I have a Masters degree from US and based on the forum and Q&A I think I'd qualify for EB2 category for GC. I am with company A and am contemplating if I should go forward with GC processing or change the job. I am completing 4 yrs on H1 by this month end and would like to make an educated decision given the companies are not eager to hire on H1 if it is completing 6 yrs soon. Can you please let me know how long the process may take if it has to be initiated now? I would be interested in premium processing of I-140, adjustment of status and EAD.

Answer:

For people born in countries that have an EB2 backlog, times can vary greatly from 3-4 years to longer depending upon a number of variables. One big advantage of getting at least to the I-140 approved stage is that you can carry your priority date to the next employer and get H-1 extension beyond six years.

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EB2 and Clinical Specialist

Detailed question:

I have a concern regarding EB2 application in my current employer, I will complete my 5 years experience next year and they are willing to promote me as a Clinical Specialist to count my 1 year and 1/2 as a staff/lower position with them to complete my 5years experience. My question is, is it possible that they could sponsor me for EB2 after they promote me as Clinical Specialist even if my 1 year and 1/2 experience with them?

Answer:

Under the current law, it is possible to use the expience gained with the same employer if the labor certain job is more than fifty percent different from the earlier positions held with the same employer. Only a competent lawyer can help you assess the chances.

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EB2 Eligibility

Detailed question:

I want to know whether I am eligibile for EB2. Following are the key information. Is it a requirement to have 5 years experiences outside of US ? I have combined experiences of 6 years (US +India). Education - B.Tech (Electronics) in 2004 from India Experiences - 6 Years ( 3 years in India and 3 Years in US)

Answer:

With a four-year Bach. Degree and more than five years of post Bach experience, you should be able to have a shot at EB2.

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EB2, volunteer work counted as an experience?

Detailed question:

I am an OT practicing here in the US and came from another country. I graduated with BSOT and had an OT VOLUNTEER work for 2 years in an adult setting back home. Would that count as a part of the 5 years experience? And from that 2 years, I was not yet licensed OT for the first 6months.

Answer:

GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.

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EB2 eligibility

Detailed question:

I have completed my Bachelor's Degree in Computer Science Engineering (4yrs) and working as a Subject Matter Expert in US on L1B visa with a work experience of 4yrs. I have completed 2 Microsoft certifications and AICPCU certifications. Will I be eligible for processing Green card on EB-2 category ?

Answer:

You will need 5 years of post-bachelor's experience. Certifications do not usually help.

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If one has an approved I-140

Detailed question:

If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?

Answer:

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

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GC and EB2

Detailed question:

My GC application has been filed under EB3. 140 has been approved, PD-08/2008. I hold a MS degree from US and possess 5yrs work experience. I've recently been moved to a new role. While the role itself don't require a MS degree, will I be eligible to file an EB2 application if the role required a BS + 5yrs work experience? My Wife is an Indian citizen but was born in Kuwait and is on H4 currently. Is the concept of "Cross Eligibility" applicable to my GC application? If yes, how do we take advantage of it?

Answer:

You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.

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EB2 eligibility for advanced degree occupational therapist

Detailed question:

I just want to know if I can be eligible for an EB2 visa...I have a bachelor of science in occupational therapy in the Philippines and I am taking up an advanced degree in OT online here in the US..the question is...can I apply for EB2 after I had finished the advance degree in OT?

Answer:

In my opinion, if your job requires an advanced degree, you can apply for EB-2.

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EB2 Priority Date Cross Changeability...

Detailed question:

Let me first thank you for guiding hundreds of us with your valuable advice. My sincere thanks to you. I have a question regarding the inter-changeability of EB2 prority dates. I'm an Indian citizen and my wife is a Russian citizen, born in Russia. She will be filing as my dependent on my green card. I read on some online forums that I can user her country's priority date ("current" as of today) for the green card. Is this correct?

Answer:

Yes, that is correct. This is referred to as "Cross Changeability."

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EB2 for a State job

Detailed question:

I have been offered a state job, whose requirements are a Bachelor's degree with a 1 year experience. However, I have a US-based Master's degree. From what I understood from the text above, my green card can not be filed under EB2. I have talked to my employer about it and they have indicated that they are willing to help me in any way they can. If I were to request them to hire me in another position and advertise the new job requirements (Master's) after I'm hired, will I be eligible under the EB2 category?

Answer:

You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.

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EB2 with online masters degree

Detailed question:

I have done my 5 years of Bachelors(traditional school) in IT from USA and also my 2 years of MBA through distance education(online) from accredited(Accrediting Commission of the Distance Education and Training Council (DETC)) University in USA. I need to know if I qualify under EB2 Category(provided that job requires advanced degree). My employer wants to evaluate my Master degree because he thinks that Distance education is not recognized.

Answer:

The key here is to find if the degree is accredited. Get together with the school.

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EB-2

Detailed question:

In order to qualify for EB2 under advance degrees, is it sufficient to have a MS degree from US univ or should the job requirement state so?

Answer:

The job must also require (genuinely) EB-2 level qualifications.

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PERM is approved under EB2

Detailed question:

My PERM is approved under EB2. My education is 3 yrs Diploma+ 3 yrs B.Tech + 1.5 Yrs M.Tech + 8 yrs of exp at the time of PERM). All my education is from India. Do you see any problem with my education in I-140?

Answer:

There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.

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EB2

Detailed question:

Could you please advise the average time it takes to obtain GC through EB2 category? I've got Master's in International Business and 7 years of experience in the USA and EU. I got a job offer from the States and I would like to file the petition.

Answer:

The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.

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EB-2 Eligibility

Detailed question:

Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.

Answer:

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

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Cross chargeability

Detailed question:

On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China? Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?

Answer:

Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.

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US embassy denial

Detailed question:

I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?

Answer:

It is unlikely, but possible.

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PERM classification EB2

Detailed question:

I am technology professional with nearly 9 years of work experience. I am currently working as a software consultant in a trading firm in the US and will be graduating from a part time MBA program (concentrations in Finance) this december. If I plan to apply for PERM next year, will I be eligible to apply under EB-2 US Masters degree, given that my MBA in finance will help in understanding complex financial principles and writing algorithms that support day to day trading? In this case, will my previous experience be evaluated?

Answer:

As long as the job requires a Master's degree and you have earned that degree by the time you file your PERM, you should be able to get EB-2.

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EB3 to EB2 and I-140 Refile

Detailed question:

I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Answer:

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

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10+3.5 years diploma + 3 years BS

Detailed question:

I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.

Answer:

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

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EB1 Extraordinary ability

Detailed question:

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Answer:

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

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EB2 from EB3 qualification

Detailed question:

I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

Answer:

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

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Master transcript as degree

Detailed question:

I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.

Answer:

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

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When does education become ground for denial - EB-2

Detailed question:

If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Answer:

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

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EB2 Qualification

Detailed question:

I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

Answer:

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

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EB2 Qualification

Detailed question:

I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

Answer:

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

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Occupational Therapist and EB2

Detailed question:

My wife has a Post Professsional degree in OT from a reputed school. However, we are not sure if she qualifies for EB2 processing similar to Physical Therapists. I think she has to file like any other profession and doesnot get special consideration that PTs get. Can you please clarify?

Answer:

OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.

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3 years of experience in IT field and completing a Masters degree - EB2

Detailed question:

I am having 3 years of work experience. My intention is to complete my masters. Is it good to do MS with having 3 years of work experience.Please suggest me on this.Thanks in advance.

Answer:

I assume you are asking whether you can process an EB-2 green card. The answer is yes, once you complete your Master's degree and take up a job that requires such degree or Bachelor's plus five years experience.

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