- Cross chargeability
- US embassy denial
- PERM classification EB2
- EB3 to EB2 and I-140 Refile
- 10+3.5 years diploma + 3 years BS
- EB1 Extraordinary ability
- EB2 from EB3 qualification
- Master transcript as degree
- When does education become ground for denial - EB-2
- EB2 Qualification
- EB2 Qualification
- Occupational Therapist and EB2
- 3 years of experience in IT field and completing a Masters degree - EB2
- Can an unrelated Masters degree get me an EB2?
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?
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.
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?
It is unlikely, but possible.
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?
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.
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?
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.
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?
It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.
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?
It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.
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?
OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.
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.
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.
When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.
The simple answer is yes, the degree must be related. In the past, we have received many EB2 approvals requiring Masters degree. Now, such approvals are unreliable. Your degree seems to be related. Agribusiness and business... hmmm. I believe an EB2 argument can be made. The labor cert should be prepared in such a way so that if EB2 is rejected, EB3 is still safe. Do bear in mind, all submissions made to DOL MUST be true. Ultimately, it is the employer who must decide.