Employment Based Green Card Question

U

ujwaltrivedi

New Member
Hi,
I am Ujwal, Im from India..Entered USA on 1st AUG '08 on F1 for Masters Degree in Computer Science and graduating in May '10.

I have a 4 Years Bachelors Degree in Engineering (BE in Information Technology). I did some pre-completion OPT (Internship for 2 Months) in a small company....as a Web Developer..and i am the only one who does this in that company....

My Employer is eager to file an H1 visa for me....

But I was thinking of can he file Green Card (EB-2 / EB-3) for me directly without filing H1 for me....I still have 11 Months of OPT (Optional Practical Training) left which will start from 1st June '10..is it possible for him to file GC for me..

If yes....what are the chances of me getting the GC and How much time will it take..?

And if No the can you please provide me the reason that why do you think that so....?

Can you guys suggest me a good lawyer in NYC/NJ area to whom i can consult to....


Thanks a Lot...!!!
 
Nowhere near enough time in your plan for you to get a GC. Your job does not qualify for EB-2 as many community college graduates are qualified for it; even you got it with just a BS. EB-2 requires that job position require MS or BS plus years of experience. Your specific qualifications do not matter. Many people are overqualified educationally for the job they have.

In addition, web developer job is not likely to get through PERM process as there are may qualified and willing US citizens and LPRs wanting that job so they get it over you in the GC scenario. (Send the info on your company to me as I have numerous friends who would gladly take the job!) An H1B is your only option and you need to have a more complicated job to qualify in EB2.

If you get a GC, you are looking at 10 years or more with H1B, GC processing and backlog. You really need to read the USCIS website for official information the process.
 
Ok good thanks for replying my Question....

Web Developer is just an Overview of my job description that i gave ......it involves a lot of other work that a community college student cannot handle....you don't see any community college student working in CITI BANK and such other companies....so this comparison is outta question..

Im here just to know can i get a GC or no....and not here to give away Jobs....

Thanks Anyways...!!
 
Then I would recommend hiring a competent attorney who specialises in employment based cases. He/she would be able to detrmine your best options as far as employment based GCs are concerned.

BTW, just in case you did not notice, your posted in the wrong sub-forum.

ujwaltrivedi said:
@Triple Citizen: Yes he is willing to spend...!!!
Click to expand...
 
ujwaltrivedi said:
Ok good thanks for replying my Question....

Web Developer is just an Overview of my job description that i gave ......it involves a lot of other work that a community college student cannot handle....you don't see any community college student working in CITI BANK and such other companies....so this comparison is outta question..

Im here just to know can i get a GC or no....and not here to give away Jobs....

Thanks Anyways...!!
Click to expand...


Then don't sell yourself as a web developer.

You will not be able to get a GC without the wait that tens - if not hundreds - of thousands of people in the queue are new experiencing.

You also need to cut the attitude. You do not even have an MS in CS yet. You are competing in the PERM process with USCs with both degrees and years of experience. If during the processing for the GC any is qualified and desirous of the job, you cannot get a GC. It is a simple fact that in this economy, an honest search will likely result in dozens of willing and qualified applicants for an entry level job. Two months of internship is nothing to brag about; it is just that you work cheap or for free; this won't cut in in GC processing.
 
I would appreciate any help for a question in my mind.

WHILE ON EAD - Can I apply a new Family based GC

Currently working based on my EAD - PD: EB3 - SEP 2003 (Which going to take a long long time). Can I file a new Family based GC via my blood relative who is a citizen? Is there a possibility to get it faster ? Is there any risks ?

Thanks in advance ! Have a wonderful day !
 
rajwww said:
I would appreciate any help for a question in my mind.

WHILE ON EAD - Can I apply a new Family based GC

Currently working based on my EAD - PD: EB3 - SEP 2003 (Which going to take a long long time). Can I file a new Family based GC via my blood relative who is a citizen? Is there a possibility to get it faster ? Is there any risks ?
Click to expand...
Your questions have nothing to do with this thread. Please start your own thread.
 
Don't judge about things..!!
Thats good you give information.....but there are different ways. No one is forcing you to write here...you write thats good and if you don't write thats the best thing you can do rather than writing.

If you have problems in ur life go and take it out on someone else....not here...!!!
 
ujwaltrivedi said:
Don't judge about things..!!
Click to expand...

I don't want to wade into the debate, but some of the factual issues are worth discussing. If you wish to qualify as EB2, you'll require the job to require this as well, and I suspect that many software development positions are unlikely to qualify as EB2. This is a matter to discuss with your attorney and your employer to see if your position really does qualify, since there are advantages (from a PD standpoint) if it does. Those are balanced by the increased risk of RFEs at the I-140 stage, or outright denial.

I considered this at the time of my I-140 filing, and we decided to avoid the extra scrutiny despite the fact that the LC required Bachelors+5years and therefore could have fallen under EB2. Of course, this was back at the time when EB3 ROW was current and the concept of a cutoff date was as alien as.... a black President. :)
 
You must log in or register to reply here.
Top