songlan said:sfmars,
I'm from non-oversubscribed country, and I'm Eb3-wow . See my signature.
Regarding to "I can file with EB2 because I'm MS bla bla ...) . It's right but not enough. It is required BOTH your MS degree AND the nature of H1B-job requires MS degree. The agent from labor department will take a look into the labor application in very details and justify if the job really requires Master/Doctor degree. If s/he finds the advanced degree is not necessary for the job, the application is immediately denied, does not matter how advance your Degree is.
I'm also MS, having 20 years in my professional skills. When my lawyer applied labor EB3 for me 6 years ago, I did not buy the logic. Then I searched and searched tons of websites and asked many other lawyers, all give the same logic. I remembered I also read a official memo transferred among Labors offices state so.
The logic is very simple : United States do not need Ph.D/Master for regular coding job, for ex.
Yes or course your lawyer+ your company can elaborate the job title to be "advanced" and give out the job descriptions so that it can persuade the labor agent. However, the labor agent of course is not stupid. Some risks you have.
And I also believe many many people in this forum are like me: Master/Ph.D degree with EB3 category. You are not alone.
songlan
songlan,
I know that the process is not straight forward, I keep that as an option but I am not ready to use it. When I said I am lazy I meant that I realize that the process is not straight forward.
It was not the reason to show that I have kind of advantage because I am not from oversubscribed country. It was my first reaction and my words were addressed to the desi3933 only, who wanted to make fun of me.
You are not right saying that "nature of H1B-job requires MS degree" to have EB2 filed.
Green card does not depend on H1, you can never be in US and to have green card done through the consular processing.
Green card is for future employment.
Somehow H1 extension beyond 6th year limit depends on green card.