eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
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chanduv23
03-25 02:24 PM
I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price
My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.
My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.
pappu
04-08 05:54 PM
Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
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sys_manus
01-28 09:46 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
more...
justAnotherFile
08-04 12:57 AM
July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
lostinbeta
10-21 12:27 AM
Sometimes I have an idea of what I am going for in my head. In a case like that I do everything I can and try and find anyway I can do achieve a near effect as the one in my head.
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
more...
Jaime
08-06 02:16 PM
On the money, perfectly described. good choice of words.
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
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gc_bulgaria
10-09 06:26 PM
This is very useful information. So it is the Job Classification code that is important right??
Thats my understanding as well. The information on salary is a little confusing though...
Thats my understanding as well. The information on salary is a little confusing though...
more...
rcr_bulk
07-23 11:30 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
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santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
more...
tnite
08-10 09:02 AM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
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amits
10-09 11:55 AM
I will join as well.
more...
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meridiani.planum
03-28 11:30 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
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go_guy123
06-22 12:36 AM
CIR 2009 RIP.....health care, economy , perhaps even iran etc are ahead of that
more...
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raysaikat
01-20 07:47 PM
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
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hebron
08-10 12:25 PM
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
more...
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bujji_d
10-12 04:33 AM
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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Dhundhun
10-23 01:22 PM
AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
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perm2gc
12-06 04:59 PM
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
desi3933
06-21 05:21 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
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