EB2 Green Card

PERM is approved under EB2

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?

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.

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

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EB2

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.

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.

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

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EB-2 Eligibility

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.

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

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

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Guestbook Entry for Renganathan, United States

Name: 
Renganathan
State: 
CA
Nonimmigrant Visas: 
Green Card: 
Profession/Occupation: 
Country: 
United States
Comment: 
My Wife and I received our GC on Feb 2010. Mr. Khanna law firm helped me to change from EB-3 to EB-2. The law firm team is outstanding, very helpful, expertise, hard working (I really surprised when i received calls even on holidays) and exceeded my expectations. I especially want to thank Mathew, Bharathi, and Prerna for their professionalism, ethics, courtesy, and prompt responses. Me and my wife truly appreciates and very grateful for Rajiv and his staff. Thanks & Regards, Renganathan

Cross chargeability

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.

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

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US embassy denial

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.

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

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Guestbook Entry for Samik Banerjee, United States

Name: 
Samik Banerjee
State: 
NJ
Country: 
United States
Comment: 
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment’s time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.  

PERM classification EB2

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.

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

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EB3 to EB2 and I-140 Refile

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.

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

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Guestbook Entry for Brij, United States

Name: 
Brij
State: 
NY
Profession/Occupation: 
Nonimmigrant Visas: 
Glossary: 
Green Card: 
Country: 
United States
Comment: 
I took consultation with Rajiv Sir twice. In few words, I would say he is excellent in his knowledge and he really reads your case, tries to understand it before he talk to you over the phone. My case is very much complicated ( labor substitution, EB2, concurrent filing, previous comp filed chapter 7, new comp filed another GC with different salary and job duties…etc). During my first consultation, I asked same set of questions (10 - 15) from both Rajiv Sir and Sheela Murthy but I got all my queries answered with satisfaction and piece of mind only from Rajiv Sir. During my 2nd consultation, due to dynamic nature of my queries, discussion needed more time than scheduled and Rajiv Sir gave me another slot free of charge to give me right direction before closing discussion thread with him. Finally, I would say his fees is highest amoung all lawyers I have met but is worth paying as it gives you piece of mind at the end.

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