EB2 Green Card

Job Change after I-140

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?

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.

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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Filing EB-2

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?

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.

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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Eligibility for EB2

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?

Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for 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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EB2 Eligibility

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 ?

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

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 Portability

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?

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.

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 qualification with MS

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?

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

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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Masters in Computer Science and EB2 eligibility

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?

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

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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Regarding GC application after PhD

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)?

EB-2 chances look pretty good.

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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Can EB3 PD be carried to new EB2?

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.

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.

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 - Eligibility

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/

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

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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