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.

1. NO

2. Yes, he/she should meet the minimum wage requirement.

However almost everyone gets confused in what that means.

Lets say, if according to DOL, the minimum wage for whatever category you're applying under EB2, is 25/ hr. But if you're only making $ 10/hr. that is not a problem.

what this clause means is, whoever is sponsing your, your employer, has to agree on paying 25/hr ( assuming that is the min wage for your catagory) upon you get a green card.

3. NO, the employer is not required to send the copy of your work experience directly.

you need to submit the origina work experience copy, when you file for your I 140 or I 485 If you're filing them concurrently.

I140 is work permit, what is I485? How long for approval of I140. I think you have to be paid mentioned wage because it should fulfil the requirement in your W2, being paid 10 could be a problem, I don't know. Is birth certificate required?

I 140 is not work permit form its I 765.

Now another puzzle after I talk w/ an indian lawyer.
1. I started working with present employer under CPT then under OPT. I received my MS Degree recently while under OPT. The lawyer says my MS degree and experience with present employer (who is supposed to sponsor me) does not count towards green card application on EB-2 even if the works demand Masters. Her answer puzzled me............I could not find that type of information on USCIS web site. Instead the USCIS says letters from current or former employer showing that alien has 5 years of post baccalaureteate experience in the speciality.
Lawyers make things more confused.............

If you already have your masters,and you are going thru EB2, You need 5 yrs of work experience in your feild after you finished your undergrad.

and yes she is partially right, sometimes USCIS wont credit the experiene you have at the employer who is sponsing you.

there is one more thing with EB2, sometimes they will ask for 10 yrs of full time experience in the speciality thru which you are applying.

if u dont meet these criteria, here are your options-------

use EB3---only 2 yrs of experience + bach degree
or H1

Good luck.

So Guys, Does this mean,
I started work at company X under H1B, I gathered working experience I earned new degree during work or just like singh ji (finsihed all course before joining company worked under CPT and OPT, finished Masters Degree during OPT) and i got promoted to new position in the same field I am working at company X, I am not entitked to apply for Green Card under EB-2!!!! Isnt this a kind weird???? So to get green card I have to change the employer???
Harris................. Help out.

nd mansion Can you shed more light on this issue.....................I am feeling like either I have to limit on H1 or look for another employer who can sponsor for direct green card. :-(

you can work for same employer but jst change the title like on OPT "Software Engineer"
but for H1 "Sr. Software Engineer" or, something like that.

abhaaa....stick with your H1, thats not much diff than green card, if you really think about it, you can go to nepal and come back, you are perfectly legal in the country, you enjoy all the SS benefits. more even, if you are not married and if you go to nepal and get married, you can bring your wife to US, you cant do that with your green card.

if you apply directly for green card then, your wait time will still be the same as your H1 will take. At present, with Department of labor, they have a backlag of cases for atleast 15 months, meaning anycases filled now for "labor certification" will atleast take 15 months to be just reviewed.

Stick with your H1.You can eventually turn your H1 to green card anyways.

Manison, I appreciate your idea......and still I feel like green card has more flexibility than H1 because we can change the employer anytime anywhere as per our wish, am I right. H1 has no such flexibility. And so you mean, even working for same employer, you can apply for green card once you get promotion based upon work experience and education................ho??

mansion, i don't knwo where you got the info about H1. I have been in H1 visa past 8 years and I know how limited you will be with H1. The only benefit I see is that one is unmarried and planning to marry someone outside US.

mansion said "Stick with your H1.You can eventually turn your H1 to green card anyways."
>>> How long is the wait?

here's my suggestion to aabha. Start GC process as soon as possible.... Don't worry about it being EB2 or EB3. Even if it is EB3, you will be able to import your Priority Date later.

If you find better oppurtunity in future, you will be able to change the employer without affecting your green card process (AOS must be pending for 180 days or more). You can find more info from murthyforum and immigrationportal websites.

aabhaji, what is your decision then?? I think Green Card is better than H1. But I am also confused with the statement that - work with existing employer and educational background does not count when working with the same employer who is sponsoring........

Effective August 2006, there is no EB2 available for indian nationals. Further retrogrssion is expected for China in September 2006. This might mean there may be no EB-2 available for other nationals too very soon.

Aabha, where did you get this info from?
Also one question to the experts, at which stage is it determined whether it is EB2 or EB3? Is it during Labor Certification or is it during I-140 or is it during I-485 Adjustment of Status?

Thanks,
Kattie

you can change your employer with H1 too, and no offence, but be practicle too, how often are you gonna change your employer, every yr, every 6 months, you might change 1 employer in 6 yrs,coz you know as well as me, chaginbe a job every yr is not good in resume.

another thing, most probably you are planning to get married within 4-5 yrs, u wont get your green card thru employement untill 5-6 yrs,which means you cant even bring your wife to US.

where as, you can do so with H1, and you both still will get a green card.

so know your priority.

'... I have been in H1 visa past 8 years and I know how limited you will be with H1..."..........common man, where did u go to schoool, here in states right, well you stayed 4-5 yrs being in I 20 didnt you, i bet that had more limitations, so dont complain.


abhay....EB2 and 3 are not available to India, because they already have too big of a quota for indians thru H1. and not only that DV is not available for indians too.

Katrina(seems like you chaged you name to katie, after that hurricane).....EB2 or 3 is decided even before you file for your labor certification. EB2/3 , as to which way to go with depends on your qualification, and experience and so forth.

Kattie follow the link,
http://travel.state.gov/visa/frvi/bulletin/bulletin_2978.html

or

http://www.murthy.com/updates.html

OF course, student visa will have more limitation than H1, but I am not talking about the Student Visa. I was talking about H1 and Green Card. If you are in H1 and try registering business and you will find how limited you are

I agree with you if you are in ur 1st or 2nd year of H1 and plannign to get married in near future, you may want to stick with H1 to bring your hunewala wife/husband :)

Dude, where did you get the info about Eb2/EB3??? LC has nothign to do with EB2/Eb3. It is decided when you file for I-140.

Mansion said "as to which way to go with depends on your qualification, and experience and so forth."
>>> You are wrong again. The most important criteria is the 'Job Requirement'. If job doesn't require to have BS+5 years of Masters degree, your I140 will be either rejected or changed to EB3.

I strongly suggest murthy.com, immigrationvoice.org and immigrationportal.com for people who need to get more info about immigration

Peace

AX..

first stop calling me dude, its just a cliche and irritating.

" Dude, where did you get the info about Eb2/EB3??? LC has nothign to do with EB2/Eb3. It is decided when you file for I-140"

second....where did you read that i said anything about EBE or 3 has to do anything with LC.

i wrote.." EB2 or 3 is decided even before you file for your labor certification. EB2/3 , as to which way to go with depends on your qualification, and experience and so forth..."

read that ....does that translate to EB 2/3 has to do anything with LC to you.

depends on your qualification,and experience and so forth.......how is that different from what you said...."... The most important criteria is the 'Job Requirement'...what is a job requirement to you, isnt it what experience and qualification the job is asking for.

so now what r you whinning about,,,,if you dont understand what someone means, then ask, just dont say that he's wrong.

Mansion, I don't know if you know about PERM but this process approves or rejects labor certification within 60 or 90 days. I know of cases that were approved and denied in less than two weeks. I'd like to know if you know anything about filing I-140. How long is the wait time? And is green card filed after I-140 is approved, I think you mentioned that it can be filled concurently. Is it a better to do it concurently? Will appreciate your reply.