GC process with EB2 - questions

Texas55 · Post by **Texas55** » Mon Aug 20, 2012 8:46 pm

I know this is not a Visa forum but would like to post some question any help would be appreciated.

I will just explain my case:
I'm filling on EB2,
But when I talked with the lawyer or I think it was the lawyer's assistant (parallegal), she told me that it will be 9-10 years not matter what ever you file EB2 or EB3. So I got bit worried and came you with all these question:
Do I qualify for EB2 Master of Engineering in USA and working in same firm since last 4 years?
Is it really gonna take 9 yrs on EB2? or she dose not have enough knowledge

Thanks

Back to Roots · Post by **Back to Roots** » Mon Aug 20, 2012 9:55 pm

EB2: Either Master's degree (or) Bachelors with 5 years of continuos work experience should be the JOB REQUIREMENT in the Labor certification stage. If everything goes well, it should take 5-6 years in EB2.
-BTR

Texas55 · Post by **Texas55** » Mon Aug 20, 2012 10:16 pm

I have masters degree and also 5 yrs of work experience, the only thing bothering me is will take 9-10 yrs as she said. She told me currently it is unavailable and when it will be available the date will go back to 2002 so it will tat much time. does she have any clue what is she talking about

returning_indian · Post by **returning_indian** » Mon Aug 20, 2012 10:23 pm

ankitdesai;471117I have masters degree and also 5 yrs of work experience, the only thing bothering me is will take 9-10 yrs as she said. She told me currently it is unavailable and when it will be available the date will go back to 2002 so it will tat much time. does she have any clue what is she talking about

She is probably planning to file under EB3 and that is why she is saying that dates will move back to 2002. For EB2 come October, dates will probably be around 2007.

As for EB2 or EB3, it depends on job requirement, not your qualification. If job requirement is bachelors +4.5yrs of experience then it will be EB3, regardless of your degree/exp.

Texas55 · Post by **Texas55** » Mon Aug 20, 2012 10:33 pm

Hi Returning Indian,

My job requirement my degree and my qualification clearly requires EB2 and myself and my employer have told her to file on EB2 but she keeps on saying that on EB2 it will take 9 yrs... that is the part I do not understand.
I thought somebody from this forums might be aware of all this ... or i think i should just neglect her talks.

DeccanGuy · Post by **DeccanGuy** » Mon Aug 20, 2012 10:48 pm

As RI posted, the EB category depends on what minimum requirement the position requires. You do need either a MS degree or BS with 5 years experience to be qualified for EB2, but that?s secondary. The primary requirement is what the position requires and your company is willing to prove the requirement is real and pay higher salary as the EB2 PWD will be higher than EB3 PWD.

As for dates, it?s hard to assume that far down the road. Based on what we know today and if there is NO legislative resolution (such as HR3012 or any other immigration reform) takes place, the wait time for EB2 can be 5-6 years and EB3 can take around 18 years. Therefore, if you are eligible under EB2, it is highly recommended you should go with the higher category.

returning_indian · Post by **returning_indian** » Mon Aug 20, 2012 10:56 pm

ankitdesai;471122Hi Returning Indian,

My job requirement my degree and my qualification clearly requires EB2 and myself and my employer have told her to file on EB2 but she keeps on saying that on EB2 it will take 9 yrs... that is the part I do not understand.

Well if it requires EB2 then it requires EB2. Even if you assume she is saying the truth and it does take 9years, what difference does it make in filing? You still have to file in EB2 and file it ASAP. Whether you wait 2 or 9 or 18 does not make a difference in filing.

As for being realistic, it probably will not take 9yrs. It will be somewhere around 3-5yrs. As for a possibility, yes it can take 9yrs, USCIS is known to screw things up. If USCIS gets overwhelmed in working to give EADs to illegals then it may have direct impact on your GC. If flow down of spared GC numbers from EB1 goes down, then EB2 will not progress as rapidly as it did last year.

Sid · Post by **Sid** » Mon Aug 20, 2012 10:58 pm

There's nothing you can do about PD movement dates. It can be 50 years, or it can be current in one month. The only sure thing is that EB2 PD will get current earlier than EB3. The paralegal whom you are dealing with is stupid to give a generic answer. Just file in EB2, and sit tight. Be sure to get your I-140 processed as quickly as you can (i.e. premium processing), so that if need be, you can extend your H1 by 3 years in one go, instead of each year.

dell · Post by **dell** » Mon Aug 20, 2012 11:35 pm

ankitdesai;471122Hi Returning Indian,

My job requirement my degree and my qualification clearly requires EB2 and myself and my employer have told her to file on EB2 but she keeps on saying that on EB2 it will take 9 yrs... that is the part I do not understand.
I thought somebody from this forums might be aware of all this ... or i think i should just neglect her talks.

ankitdesai - It is hard to predict how long it will take to actually get your plastic card (GC) in your hand. If your going EB2 route, plan on working there for at least 5 years if not more. The actual determination of EB2 or EB3 is based upon your job requirements ( whatever the job ad was to which you had originally applied to ) and not based on your skills ( MS degree or 5 plus years of experience). Some big companies have a policy to put every one in EB3 even if they are more qualified than that. It is hard to fight off a paralegal as your company management will side with her...Nothing you can do about it !

EB2 or EB3 both can be different in their own ways. The Labor part for EB2 would be easier because there would be fewer people who would qualify for your job and sort of easier to do, but they also have to convince USCIS that the job indeed requires 5 years or MS. On the EB3 end, the salary requirements would be lower so it would not be a big deal for the employer to pay you that much.

Sometimes, Para legals will put applicants in EB3 even if the job requires higher skills and if you have it solely on the basis of salary expectations ( also called prevailing wage determination)

Texas55 · Post by **Texas55** » Tue Aug 21, 2012 12:03 am

Hi Returning Indian,

well i know that I can enjoy more in bombay but I dnt think this is the right time to do so.... I will eventually go once we are done or completely bored with US. I have all set in india dnt need to buy house or anythin so watever I save here will all be saving so Im fine with it. So i think I should just go ahead and start the process and not worry about what she said?
BTW did you return to India? what part