Students with Masters in the US --Green Card

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gcseeker1111

New Member
Firstly thanks to all the folks who contribute to this forum. Your help is greatly appreciated.

Here's my situation:
<1> I have a bachelors in computer science and Engineering ( 4 Years course)
<2> No work experience in India
<3> I have a M.S in computer science from the US
<4> Worked for 19 months as a graduate research assistant
<4> Got hired by a big consulting firm through Campus fair while doing Masters in May 2003.Have been with them since , i now have 2 years of experience.

The problem is my company's corporate lawyers are refusing to file my Labour through Perm saying it will be rejected for sure because:
<1> The requirements for my job is a bachelors at the time of hiring
<2> I had no prior experience before joining this firm and the experience i gained in my firm cannot be counted on for the Labour petition.


Can someone please advise what are the options i have .Are my lawyers giving me the right advise here. My point is the above two factors will remain the same no matter how long i stay with my firm.How did students with prior work experience in India manage to get green cards before.


Thanks in advance for your kind help.
 
you might qualify for EB3 category

You should definetely qualify for EB3 PERM then you will be facing retrogression in 485 stage. That is ok though since you just joined the workforce you can leave this company once your 140 gets approved and work for a another company to get your 485 filed once you qualify priority date requirements. I have MS...went through lot of hurdles..goal is to find a good company that can file your GC or atleast start one. If this company refuses to do so. better leave it and join another comp.

Good luck.

gcseeker1111 said:
Firstly thanks to all the folks who contribute to this forum. Your help is greatly appreciated.

Here's my situation:
<1> I have a bachelors in computer science and Engineering ( 4 Years course)
<2> No work experience in India
<3> I have a M.S in computer science from the US
<4> Worked for 19 months as a graduate research assistant
<4> Got hired by a big consulting firm through Campus fair while doing Masters in May 2003.Have been with them since , i now have 2 years of experience.

The problem is my company's corporate lawyers are refusing to file my Labour through Perm saying it will be rejected for sure because:
<1> The requirements for my job is a bachelors at the time of hiring
<2> I had no prior experience before joining this firm and the experience i gained in my firm cannot be counted on for the Labour petition.


Can someone please advise what are the options i have .Are my lawyers giving me the right advise here. My point is the above two factors will remain the same no matter how long i stay with my firm.How did students with prior work experience in India manage to get green cards before.


Thanks in advance for your kind help.
Click to expand...
 
Last edited by a moderator:
Your lawyers are not being honest. They just don't want to file. Keep in mind that your company is hiring for a future position with PERM, meaning that the requirements that you were hired on may be irrelevant, depending on the future PERM position. So, yes you qualify. A decent employer who wants to keep you would easily make this happen. If they won't, perhaps you need to look for another employer because your current employer is abviously not committed to keeping you.
 
140 approved and can move?

Hi rest_2004_free

You said if your 140 is approved and even though you haven't filed 485 you could move? How is that? From what I know the only thing that helps in this case is the old priority date can be used, but I think you would still have to file another LC and 140. Anything I am missing?

BTW: my LC and 140 were approved way back in 2000 and then I left the company, how can I get proof of this filing if the previous employer won't give it out.
 
gcseeker1111 - I am in the same predicament as you are and am facing the same doubts. I too don't know if I should push my employer or if what they are saying is in my best interest.

rest_2004_free - You mentioned that gcseeker would qualify for the EB3 - but on what basis? Please shed some more light on this.

Thanks.
 
Please help us..

Rest_2004_Free:
Thank you for your response.

Can you please tell me on what grounds i can argue with my lawyers that i am eligible for EB3 and that they should apply asap.

Please let me know.
 
The lawyer has a point. I was in same boat.

I had to leave the company so that my experience could be counted as my LC experience. Then PERM came and I tried it, I got stuck. Anyway, it is risky with 0 yr experience. it will depend on the industry. But I heard from this board that someone got PERM approved with MS+0 yr for PERM. Maybe you should try PERM before you make the career change move. I regret that everyday.
Good luck.
 
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