Sajha Fellows,
1. I heard that EB-2 catagory is also going to retrigression soon and there will be no Green Cards available..........has anybody heard anything?

2. Does the candidate of EB-2 should meet minimum wage requirement?

3. Previous Work experience letter (if from Nepal) should be sent to USCIS directly by Employer. Is that true?? Does not the copy of work experience certificate work??

Thanks.

Thanks mansion, That was real lucid. How about PERM in labor certifiaction? You also mentioned that wages can be changed. Isnt it required to meet 'Prevailing wage' Criteria ? Do you mean the wage could be lesser than mentioned in 'Prevailing Wage'??

Like i said above, PERM is only for cases filled in DOL after March 28,05, which according to the PERM would be decided between 6-9 months. but at the same time, there are pending cases filed before March 28,05. Now unless those case are decided , then only DOL is upspeed the PERM .

'Prevailing wage' when you file for labor certification, is only the wage, that according to DOL says you need to get paid. you do not have to be making that wage before you file, what that means is, should you get a green card, and choose to stay with your employer, in the same position you were sponsored for, the employer has enough money to pay you.

however, after you get the green card, nothing is contractual, meaning he could either pay you that about, or more, or less, he is not bound by law to pay the wage shown in PERM, at the same time neither are you bound by any contract to work for the same employer that sponsored you.

Thanks mansion

You really have good knowledge in these stuffs. I also have one another case. Let's say the person filing for EB-2 category has wife in F-1 status and guy is in H1B. Should her status needs to be changed to H-4 in order to get approved for green card for both husband and wife ? How long does it take for both of them to get green card ? is it same time or it differs ?

NOT REALLY, BUT IF THE GUY HAS A H1, HIS WIFE SHOULD BE UNDER H-4, FOR TRAVEL BENEFITS WITHOUT HAVING TO APPLY FOR ADVANCE PAROLE.

BUT THE DEPENDENT OF H1-B, H4 CANT WORK IN STATES.

THE TIME FRAME IS SAME, WHEN YOU FILE FOR GREEN CARD, THE GUY HAS TO PUT HIS WIFE NAME, OR HIS KIDS, SO THEY ALLGET THE GREEN CARD AT THE SAME TIME, OR IN FEW CASES , FEW MONTHS AFTER.

Mansion,

Can I apply for Green card on my own if my employer is ready to sponser? OR I need to go through lawyer??

Thanks in advance for response!!

Yes, you dont need a lawyer, you can do it on your own.

BUT, I STRONGY SUGGEST YOU HIRE A LAWYER.

Is it a good idea to apply for Civil Engineer in EB-2 when the candidate has Masters Degree and posses EIT (Engineer in Training) Liscense. The next step of engineering liscense is PE (Professional Engineering). Help if you have done or know.

depends on the job you'd be using to sponsor your permanent residency.

Hi mansion, you seem to be very knowledgle about the immigration matter and i thank you for giving us so much information. i also have a question for you. My friend was sponsered and he got his green card in less than a year. But the problem is he signed a contract with the company saying that he would work for them for three years. but now due to some problems, he wants to move out of the state, but the company is threatning to report to the USCIS if he do not complete his full term at that company. He has left 8 moremonths to complete the contract.But he really has to move, the Q is , Can the company do anything if so will his green card in jeopardy?
i would really appreciate for your reply.
Jai Nepal and Nepalese

as far as the contract issue, no they cant do antying to jeopardise his green card. green card is filed on a basic of a job offer not a job contract.

beside that, it depends on what the contract says, as to waht is gonna happen, if he quits his job before the contract is over.

i am not sure, but from my understand, if the contract was made before he got his greencard, then its should be nullified, coz before the contract he wasnt a legal us resident allowed to work, so the contract shouldnt hold good in court.

like i said, i am not sure though, i dont know the contents of the contracts, but his green card is safe.

Thank you so much for your prompt reply. I have read the contract, it doesnot say anything about penalty, or anything but it says that upon termination of employment, the company is not responsible for benefits for which he don't care for benefits any way. The company paid for all the lawyer expenses and other immigration expenses so they are asking that money back even though there is nothing mentioned about that anywhere. What would be your suggestion on this matter, whether he should give them the money or just disregard them because he already has worked there for more than two years.
thank you once again

well if its not mentioned in the contrac then he doenst have to give the money back , legally.

but that is one of a moral and ethical question too, its up to him to decide that.

thankx mansion. i really appreciate your help.
good service by neplai to nepalese

Interesting thread. I have a Masters degree and my OPT expires June 2007. My employer filed for H1-B and I just received a copy of I-797C. This document has a Receipt number beginning with EAC and Notice Date as July 19, 2006.

My question is how long will it take for H1-B to get approved?
After H1-B is approved, does this mean my OPT card is good no more?
How long will it take for me to get Green Card if my employeer files with EB2 category?

I have been hearing stories that people are getting GC within 11 months under EB2? Is this really true?

Any light shed would be greatly appreciated. Thanks.

Maila Dai, i think what you have heard about eb2 is true (around one year). But eb1 is even faster (six months or so).

mansion,
what do you mean by that he was not a legal US RESIDENT allowed to work before he got a green card?
u mean that a person in OPT (F1) takes an employment contract then it is not VALID... that person can do anything... absolutely NOT. "ur statement their is NOT TRUE". you cannot generalize such statement .. it has very many connotation hoina ra....

Imagine a scenario,
a H1B gets into a contract. saying that he would be sponsored provided that he would stay with the company for 3 years after he gets his green card. Companies usually mention that this is not a commitment from the company's side that they would employe him for 3+ years.. employment contract is still HIRE AND FIRE @ will .. or depends on the contract itself... what kind of employment it is...

If he is sponsored, and the company fulfills their end of the contract, then he has to fulfill his obligation i.e. stay and work for 3 years.

YES HE CAN BREAK THE CONTRACT. HIS COMPANY CAN SUE HIM AND GET REIMBURSED FOR THE VIOLATION does not matter whether it is mentioned in the contract or not. I believe it would be in his/her best interest to return the cost of sponsorship. that would be reasonable thing to do if he is breaking the contract.....

BUT U CANNOT SAY THAT CONTRACT IS NOT VALID.. that CONTRACT IS LEGALLY VALID. you can find similar cases in CALIFORNIA systems.. where in some employee had to bear the cost... . in some overtime payments had to be made to the employees by those consulting firms .....

NOW there are lot of things to consider,
Usually reputed companies to not get to these kind of scuffle of stay longer.. or u will b charged etc..
my personal opinion .. it has to be one of the consulting firms.... owned by immigrants...
now .. before you burn ur bridges...
a. make sure that you have not falsified any information in ur green card application or your labor certification process. for example.... your experience, education etc...

if you have make sure that you pay them the lawyer fees and get something in writing that they are not going to cancel your sponsorship or report.

[ now rule is that they can RETRACT LABOR CERTIFICATION]

YES. even after you get your Green Card .. sponsoring company has an obligation to report you to INS that you have left and they are no longer sponsoring you. Now if any way they can INVALIDATE YOUR LABOR. UR GREEN CARD can be CANCELLED. and THIS IS TRUE. THERE IS A PROVISION NOW..... FOR THIS.....

mansion,
sorry.. my fault.. u did say u r not sure.... i should have read more carefully....

20,000 H1-B quota for Masters Degree is over.

Source: [http://www.uscis.gov/graphics/publicaffairs/newsrels/H1BMasters072806PR.pdf]

you should meet at least level 2 wage for the position which has level 1 wage for bachelors degree.

Interesting Thread.
I have a concern probably most of us have gone through.
I am working on H1b through a consulting firm and I am planning to file for EB2 soon.
i had worked off campus on my SS while I was doing my Masters.I have filed all my taxes on time.
My question is:
Will this(working off campus) affect my EB2 filing? I have heard that you will have to pay some fines and should be OK as long as you have paid taxes. Is this true?
Please share your experience.
Thanks