EB2 Green Card FAQs

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

Do I qualify for EB-2 ?

Authored on: Mon, 07/11/2011 - 03:49

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.

Chances to get EB2 with B.Sc.

Authored on: Wed, 06/29/2011 - 01:31

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.

EB-2 experience

Authored on: Wed, 04/06/2011 - 15:05

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.

Switching Jobs after I-140 approval

Authored on: Wed, 03/16/2011 - 04:36

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.

Green Card Expenses

Authored on: Wed, 03/16/2011 - 04:03

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).

EB-2 Question

Authored on: Fri, 01/28/2011 - 02:49

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.

Job description for the EB-2

Authored on: Wed, 01/19/2011 - 23:06

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.

Perm process during OPT

Authored on: Wed, 01/19/2011 - 22:44

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.

EB-3 category

Authored on: Sun, 01/16/2011 - 23:06

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.

Can I apply GC in EB-2 category?

Authored on: Tue, 01/11/2011 - 05:54

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.