Tn -> H1 -> Gc

B

Byteless

Registered Users (C)
Labor certificate approved 12/2006
H1 applied 04/2007

Ready to file my I-140

Question: Is it a good idea to go for premium processing now, as I am filing in EB2? (Bachelor degree with 7 years of experience, working with the same employer in USA from the past 2 years)

What kind of paperwork can be called later date?
What are the option if its rejected in EB2?

can I appeal if rejected? What can be the reasons if rejected.

Lawyer strongly suggested to go for EB3, but I can't wait that long, unless I try EB2 once.

Please provide your expert opinions.

Thanks,
 
I think that depends you priority date. If it is current, it might not be a bad idea to file it in premium. Otherwise, what is the difference?
 
What I see in EB2 priority date is current.

Also the advertised job doesn't mentioned about the advance degree clause in the advertisement, does that can make a difference?
 
EB2 require Bs with 5yrs+ exp or Ms with 0 exp.
It seems you are eligible for EB2.
Why don't file I-140 without the premium processing? Because USCIS might send you RFE suggesting you to file under EB3.
If you file I-140 with the premium processing, what if it get denied, then you will lost a $1,000.- fee.
 
Shyboy said:
What I see in EB2 priority date is current.

Also the advertised job doesn't mentioned about the advance degree clause in the advertisement, does that can make a difference?
Click to expand...

Not only do yopu have to have MS or BS+ xx years. The job also has to require MS or BS + XX years.
 
sshakeny said:
you can try evaluating your education and experience into a Master degree.
Click to expand...


sshakeny, I didn't get this? you mean to say that some organization is diong evaluation based on your education and experience?

If yes, can your post the links?

Thanks once again.
 
go to this website and contact them. http://www.aetsinternational.com/
they will need to get a copy of your degree, transcript and all the employment verification letters. generally, for every 3 years of experience you get 1 year of college. i know it is possible for AA and work experience to get a bachelor equivalency. I am not sure if they do it for master degree. Anyhow, talk to them first. EB2 qualification is difficult and you will need an “EXPERIENCED” attorney to make sure your case is represented to USCIS properly. Good luck
 
in General USCIS prefers to see all foreign degrees (including Canadian) evaluation by a US evaluation service whether it is for TN H1 or LC. make sure your lawyer looks into some cases similar to yours. what i have found is that USIS and AAO have made different decisions on cases like this.

good luck again,
 
sshakeny,
Thanks for the link, is there any similar service available which works both on USICS and for future jobs.
The AES mentioned on their website that this service is only used by USICS, so I was wondering that when I am going for the evaluation based on my education and experience why not have it for both purposes, i.e. USICS and future jobs...

thanks once again.
 
There is a big difference between credential evaluation in US and Canada. The US system use private sector evaluation services like the one I have already mentioned. Majority of US employers take your word just by seeing your degree and official translation (if it is in a foreign language). If USCIS accepts it then there is no problem to do a second evaluation for job. Now if you want to continue your education here in US, most accredited universities ask for a course by course evaluation by a Evaluation service that is a member of National Association of Credential Evaluation Services (http://www.naces.org/) if you to their website you see a list of members and their contact information.
The worst case I have seen in regards to TN visa was for a Canadian/Chinese man with a degree from china. The inspecting officer sent the applicant back to Canada because his degree wasn’t evaluated to a Canadian degree (he did have the translation). He had to contact University of Toronto to evaluate his bachelor degree before he could obtain his TN. Worked out fine at the end but it took another month before he could go for the visa again.
My advise to all of you is that even though our Canadian degree is in English and the system is very similar to US system, pay that $50-$100 for US evaluation. You don’t need to give an excuse to the inspecting officer at the border.
 
Shyboy said:
Question: Is it a good idea to go for premium processing now, as I am filing in EB2? (Bachelor degree with 7 years of experience, working with the same employer in USA from the past 2 years)
Thanks,
Click to expand...

Inoder to qualify for EB-2, one must possess a master's degree with at least 5years work experience in the same field of specialization and job opportunity or position requires a master's degree holder.
 
globalfellow said:
Inoder to qualify for EB-2, one must possess a master's degree with at least 5years work experience in the same field of specialization and job opportunity or position requires a master's degree holder.
Click to expand...

Actually, for EB2 you only need a US equivalent Bachelor's Degree + 5 years of experience, thats what I had when I got my EB2.
 
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