Am I eligible for EB2?

sun327

New Member
Hello,

First of all, I would like to say "thank you" for reading my case. I'm so confused now, any comments are appreciated.

I graduated with a BS computer engineering degree in US. Then I worked for BigCompanyA as a Programmer Analyst for 4 years. After that, I changed my job to work for a startup CompanyB as a Software Engineer for 2 years. I just started my to prepare my PERM at startup CompanyB one month ago, but haven't submit anything to DOL or USCIS yet. However, BigCompanyC acquires startup CompanyB today.

My Startup CompanyB CEO told me this morning that BigCompanyC will start my greencard process in a month after the acquisition process is completed.

Some readers may notice that why I can work for 6 years but my H1B still valid. Because I started using my H1B after 2 years working for BigCompanyA, I was using my OPT for 1st year. Then I worked in my home country for 2nd year at the same BigCompanyA. Finally I got my H1B on my 3rd year, so I back to US. My H1B will be expired in Oct 2013.

I have the following few questions:

1. I want to know if I'm eligible for EB2 if my job at BigCompanyC is a senior Software Engineering position which required BS+5 years exp in programming and financial system (I have 6 years exp in programming and financial system).

2. BigCompanyC is working on the process to acquire Startup CompanyB, so I'm thinking if there is anything I need to prepare before I officially work for BigCompany, maybe make sure my new job offer meet the EB2 requirement, I may able to negotiate.

3. I'm in Silicon Valley area, and my current salary at Startup CompanyB is only around 100k, but i have some stock options. My new job at BigCompanyC should have 130k salary annually(my CEO told me), is that enough to meet the prevailing wage for EB2 software engineer in Silicon Valley area? I checked online, for level 4 Software Engineer in my area should have 129k in annual salary.

4. Do I need to change to different role (other than Software Engineer) to qualify for EB2? maybe change to systems engineer or technical sales engineer or product manager? (both positions should have around 130k annually salary and required 5+ years working exp in programming and financial system knowledge) Some ppl say BS+5 EB2 must be working for a different role, at least 50% different than the first 5 years exp.

Thank you so much for reading.
From a H1B holder
 
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