EB2 /Eb3 questions

A

Athomas

Registered Users (C)
My employer is ready to file my green card for me. However I have some questions and hope someone can answer me.

I am a chartered accountant (CA) from India with 6 years of experience. I have been in my present job for last 1.5 years . I am H1b . Also , I have three years of training experience which is done when someone does CA in India . This is not included in 6 years. However I do not know if that would be helpful at all. I would like to know if I would qualify for Eb2. I have a very limited knowledge of immigration laws as I have just started my research in the site. I can read all kind of stories here that Eb3 is very slow and creates problems. I did evaluation of my studies in India thru a credential Institute in US and I have informed that my studies are equivalent to a " Bachelor degree in Business Administration with major in Accounting" . The job for which my employer is applying my GC ( Labor, as you say) requires this qualification only and we have several people on our office who have bachelor's degree.

Please let me know if

1 .If I qualify for EB2.
2. What is bad about EB3?
3. What should I keep in mind when I talk to my company's attorney?

Any advice or information will be highly appreciated and will be very helpful.

Thanks
 
Athomas said:
My employer is ready to file my green card for me. However I have some questions and hope someone can answer me.

I am a chartered accountant (CA) from India with 6 years of experience. I have been in my present job for last 1.5 years . I am H1b . Also , I have three years of training experience which is done when someone does CA in India . This is not included in 6 years. However I do not know if that would be helpful at all. I would like to know if I would qualify for Eb2. I have a very limited knowledge of immigration laws as I have just started my research in the site. I can read all kind of stories here that Eb3 is very slow and creates problems. I did evaluation of my studies in India thru a credential Institute in US and I have informed that my studies are equivalent to a " Bachelor degree in Business Administration with major in Accounting" . The job for which my employer is applying my GC ( Labor, as you say) requires this qualification only and we have several people on our office who have bachelor's degree.

Please let me know if

1 .If I qualify for EB2. Definitely not

2. What is bad about EB3? Nothing . May be take little longer but safe. Most of the computer programmers 80% belongs to Eb3 category only.

3. What should I keep in mind when I talk to my company's attorney?
Your LC should not be denied for any reason, go per your job requirements.

Any advice or information will be highly appreciated and will be very helpful.

Thanks
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You are eligible

Athomas said:
My employer is ready to file my green card for me. However I have some questions and hope someone can answer me.

I am a chartered accountant (CA) from India with 6 years of experience. I have been in my present job for last 1.5 years . I am H1b . Also , I have three years of training experience which is done when someone does CA in India . This is not included in 6 years. However I do not know if that would be helpful at all. I would like to know if I would qualify for Eb2. I have a very limited knowledge of immigration laws as I have just started my research in the site. I can read all kind of stories here that Eb3 is very slow and creates problems. I did evaluation of my studies in India thru a credential Institute in US and I have informed that my studies are equivalent to a " Bachelor degree in Business Administration with major in Accounting" . The job for which my employer is applying my GC ( Labor, as you say) requires this qualification only and we have several people on our office who have bachelor's degree.

Please let me know if

1 .If I qualify for EB2.
2. What is bad about EB3?
3. What should I keep in mind when I talk to my company's attorney?

Any advice or information will be highly appreciated and will be very helpful.

Thanks
Click to expand...

I am in the same boat. I am an ICWAI. I am also trying get EB2. EB2 is given based on the job requirement. If your job requires BA/BS and 5 years of experience, then you are eligible for EB2. This is what I know about it. I am applying as an accountant and my job requires masters or BA/BS and 5 years experience. When you talk to the lawyer make sure they prepare documents inorder to get EB2 (ofcourse, if the job reqires) and with your education and experience, I think, you are highly elibgible for EB2.
 
Thanks

Thanks to both of you for reply .Great guru can you please explain why I will not qualify for EB2 . Your explanation will be helpful for me to understand the requirements .

Thanks again
 
It was explained above already. Your job's minimum requirements must be a bachelors and 5 years progressive experience. (There are some others. Check the link below) If the job was done or is done by someone with a bachelors and lets say 1 years experience and that is the minimum requirement it is not an EB-2 position. Your employer can not change the job requirement just to make it so you can apply for EB-2. They can't tailor the position just to you. It does not matter if you have 5 years experience and a masters if that is not the minimum requirement.
You would still be an EB-3.
http://uscis.gov/graphics/howdoi/eligibility2.htm
 
Athomas said:
Thanks to both of you for reply .Great guru can you please explain why I will not qualify for EB2 . Your explanation will be helpful for me to understand the requirements .

Thanks again
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Because your job requirement is only BS, that is what you have posted in your previous posting.
EB2 is purely based on the job requirement and not basedon your qualification, our MS degree, your friend's wish, employer's wish or attorney's wish. (also your experience)
 
radheshpradhan said:
hi guru,

i will like to contact u, i am a chartered accountant... and i need some help...my email id is radheshpradhan@yahoo.com pl let me know ur mail id

i am on h1 too and am here since 9 months

thanks

radhesh
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Tell me what do you need in brief, based on that I will give my contacts. Usually I will not give my contacts except to very few or (nor ) soliciting in this site. Mention just your current place of residence
 
reg: eb-2/eb-3

hello great_guru;

can u help me with this? i have a question bout whether i can be eligible for eb-2.

I have 3 yrs exp before current employer, and 4.5 yrs with current employer.
i joined my curent employer as a 'software engineer' .if the certification is sought for a higher grade than 'software engr' , can i use part of my current
experience as 'progressive' to achieve BS + 5 eb-2 ?

in
http://workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_3-3-05.pdf
section on "alien experience" ; sorta explains that in soem cases we can use
current employer experience.

can u comment on my case? thanks
 
bekugc said:
hello great_guru;

can u help me with this? i have a question bout whether i can be eligible for eb-2.

I have 3 yrs exp before current employer, and 4.5 yrs with current employer.
i joined my curent employer as a 'software engineer' .if the certification is sought for a higher grade than 'software engr' , can i use part of my current
experience as 'progressive' to achieve BS + 5 eb-2 ?

in
http://workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_3-3-05.pdf
section on "alien experience" ; sorta explains that in soem cases we can use
current employer experience.

can u comment on my case? thanks
Click to expand...

It is always advisable to use current employer exp - progressive exp, if you short fall of basic requirements for EB3, if you start using for upgrading to EB2, get ready to answer all the quieries crop up not only in the PERM stage but also in the I 140 stage.
 
reg: eb-2/eb-3

great_guru;

do u think if i quit now and join a new employer, with BS+7.5 yrs do i stand a better chance of getting into eb-2?

sticking with one employer for long is sorta hurting now. :(
 
bekugc said:
great_guru;

do u think if i quit now and join a new employer, with BS+7.5 yrs do i stand a better chance of getting into eb-2?

sticking with one employer for long is sorta hurting now. :(
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You have 1.5 yrs left, if you decide to change, go for Sr position with high pay. you will qualify for EB2.
 
Confused about EB2/EB3?

05/24/2005: Yates Memorandum of March 20, 2000 on Acceptable EB-2 Labor Certification Application Variances
As we reported earlier, currently EB-3 numbers are heavily backlogged for China, India, and the Philippines. The State Department predicts the situation may get worse for China and India EB-3 numbers in the future. Moreover, EB-3 numbers may retrogress worldwide as early as the end of the year. Accordingly, the employment-community is increasing directing their attentions to the rules on the EB-2 labor certification applications which are acceptable by the USCIS for the purpose of EB-2 I-140 petitions.
· This rule is articulated and elaborated in details by Mr. William Yates in his memorandum on this issues dated March 20, 2000 and the memorandum was afterwards published in the federal register on Mary 27, 2000. This rule indicates that the job does not have to require a master's degree to make the job a EB-2 case. The job that requires a bachelor's degree plus five years of experience standing alone meets the EB-2 requirement. In drafting the PERM application, this rule is very important because most of the PERM applications that required a master's degree and as an alternative, required a bachelor's degree plus five years of experience have been denied by the DOL if the alien was qualified by the alternative qualification requirement. In other words, when an alien does not have a master's degree, the PERM application should not even mention a requirement of master's degree.
· It is time for people to revisit our posting on March 27, 2000 that summarized the Yates' March 20, 2000 as follows:
o "Updated 03/27/00: At Last! EB-2 Advanced Degree Equivalency INS HQ Memorandum Released!!
§ INS HQ at last released the long-awaited memorandum settling all the puzzles relating to the "equivalent" to Master's degree issues for the EB-2 qualification in connection with ETA 750 Part A. Good news. It has accepted all the liberal views, overriding the narrow and conservative views of some of the Service Centers.
This memorandum is relevant to those who do not have a master's degree but attempt to make EB-2 case. The following rules clarify how BS or BA people can make EB-2 case when employer requires 5 or more years of work experience. The following summary requires the reader's understanding of the issues surrounding Master's equivalent issues.
Summary:
(1) INS cannot reject EB-2 petition where "progressive" language is not written in ETA 750, Item 14 of ETA 750 Part A.
(2) Each of the following option is acceptable for EB-2, each standing alone:
(a-1) Item 14: Education - M.S., M.A., or Equivalent; Experience - 0
(a) Item 14: Education - B.S. (or foreign equiv); Experience - 5 years job offered or related occupation
(b) Item 14: Education - M.S.or equiv**; Experience - 3 years job offered or related occupation, and in Item 15: **Will consider candidates with BS and 5 yrs experience.
(c) Item 14: Education - M.S. or equiv**; Experience - 3 years job offered or related occupation, and in Item 15: Bachelor's degree in XXX or academic equivalent, and 5 years of progressive experience will substitute for Master's degree in XXX and 3 years of such experience.
Revolutionary rule: "Unless the ETA 750 clearly and explicitly requires that the level of experience that a Master's applicant must have must be post-magisterial experience," in both (b) and (c) above, the applicant does not have to prove BS+5 yrs+3 yrs exp. The 3 years of experience requirement can include the 3 years which are used to make up "5 years." In other words, simply BS+5 yrs of exp requirement in (b) and (c) above makes it equivalent to MS+ 3 yrs exp requirement, unless additional experience is clearly and explicitly required by the employer in ETA 750 Item 14!!! Kudos!!!
By the same token, unless clearly and explicitly required, alien who has just earned MS with no post-MS experience can meet (b) or (c) if the alien gained such experience before MS.
Salute to the INS HQ!"
· This memorandum is still valid and good!
 
EB2 or EB3

Hi Guru

I would greatly appreciate if you can answer my question.I am presently working as a pharmacist in us. I have bachelors and masters degree in pharmacy from india.My question is --Am I eligible for EB2 or EB3??
 
Do I qualify for EB2 ?

I have BS (3 yrs) degree with 6 years of past experience and 3 yrs of current employer experience.

Would I qualify under the PERM EB2 category for the current employer ?

Like wise can if I switch to a different employer then I would have 9 years of past experience and would that make it qualify for EB2 category for PERM.

My RIR case was filled 4/2004 in CA and still pending the 45-day letter and I have 17 months left for completion of 6 years.

Any suggestions here would be very helpful.
 
my_gc007 said:
I have BS (3 yrs) degree with 6 years of past experience and 3 yrs of current employer experience.

Would I qualify under the PERM EB2 category for the current employer ?

Like wise can if I switch to a different employer then I would have 9 years of past experience and would that make it qualify for EB2 category for PERM.

My RIR case was filled 4/2004 in CA and still pending the 45-day letter and I have 17 months left for completion of 6 years.

Any suggestions here would be very helpful.
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WHAT IS YOUR BS MAJOR SUBJECT?
 
eb2 qualification - pls reply

great guru said:
WHAT IS YOUR BS MAJOR SUBJECT?
Click to expand...

My BS major is Computer Science from India
6 years prior experience
3 years with current employer

Thanks great guru
 
my_gc007 said:
My BS major is Computer Science from India
6 years prior experience
3 years with current employer

Thanks great guru
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PERM EB2 with different company (New comapny) is better than RIR EB3 CA with your present company. If you decide you have to start immediately H1 transfer and PERM together.
 
eb2 qualify and perm vs rir

great guru said:
PERM EB2 with different company (New comapny) is better than RIR EB3 CA with your present company. If you decide you have to start immediately H1 transfer and PERM together.
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That was the option that I was thinking of too.
On the other hand, how about moving my RIR EB3 to PERM EB3 since I can hold to the Priority date ?

Just wondering which of the 2 choices would be better...

Thanks again
 
my_gc007 said:
That was the option that I was thinking of too.
On the other hand, how about moving my RIR EB3 to PERM EB3 since I can hold to the Priority date ?

Just wondering which of the 2 choices would be better...

But it is not going to speed up your I 485 at all. Once your PERM is approved and I 140 also approved , you can not file your I 485 until Dec 2004 became current.
As of now no date is available for EB3, after October 2005 it will not be current may be retrogree to y 2003 or 2003 and then move very slowly.
If you have EB3 date 2001 or 02, then good idea to move to PERM
Thanks again
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