Hello all,
Basically, apparently I'm eligible for both EB2 or EB3, but I'm scared there is a significant chance that I would be audited if I went through EB2. About me - I have a British undergraduate Masters (MEng) - basically you graduate straight away with a Master's degree after 4 years of study rather than doing the normal UK route of getting a UK Bachelors (3 years) then reapplying to do a UK Masters (1 year). I'm concerned how this may appear in the eyes of DOL/UCSIS. When I applied for my H-1B the educational evaluator concluded it was atleast equivalent to a US Bachelors, but this is an open question as to whether it's equivalent to a US Masters. Through internships before and after University, I count that I have about 1.58 years of industry experience.
My wife is on a H4 visa, and expecting to be able to work once my I-140 is accepted, as per the new H4 EAD rules, part of Obama’s immigration reform. Employment authorization for my wife is currently my primary concern, and I would rather be filed under EB3 if there is a significant risk that filing under EB2 may be delay her ability to work. From what I understand (and please do confirm this) that it makes no difference to the amount of time it takes for me to obtain an I-140 if I file EB3 compared to EB2. However, if I’m audited the I-140 won’t be filed until the audit is complete (and no problems are found), meaning my wife’s working ability will be delayed. While I understand that both EB2 and EB3 can both be audited, filing under EB2 increases my chanced of being audited, and may, even if the audit finds the correct category was filed, take longer than filing under EB3. I-140 for H4 EAD is a priority for me before actually getting a green card.
What do people think? Am I being to ambitious pushing EB2?
Thanks
Thomas
Basically, apparently I'm eligible for both EB2 or EB3, but I'm scared there is a significant chance that I would be audited if I went through EB2. About me - I have a British undergraduate Masters (MEng) - basically you graduate straight away with a Master's degree after 4 years of study rather than doing the normal UK route of getting a UK Bachelors (3 years) then reapplying to do a UK Masters (1 year). I'm concerned how this may appear in the eyes of DOL/UCSIS. When I applied for my H-1B the educational evaluator concluded it was atleast equivalent to a US Bachelors, but this is an open question as to whether it's equivalent to a US Masters. Through internships before and after University, I count that I have about 1.58 years of industry experience.
My wife is on a H4 visa, and expecting to be able to work once my I-140 is accepted, as per the new H4 EAD rules, part of Obama’s immigration reform. Employment authorization for my wife is currently my primary concern, and I would rather be filed under EB3 if there is a significant risk that filing under EB2 may be delay her ability to work. From what I understand (and please do confirm this) that it makes no difference to the amount of time it takes for me to obtain an I-140 if I file EB3 compared to EB2. However, if I’m audited the I-140 won’t be filed until the audit is complete (and no problems are found), meaning my wife’s working ability will be delayed. While I understand that both EB2 and EB3 can both be audited, filing under EB2 increases my chanced of being audited, and may, even if the audit finds the correct category was filed, take longer than filing under EB3. I-140 for H4 EAD is a priority for me before actually getting a green card.
What do people think? Am I being to ambitious pushing EB2?
Thanks
Thomas