If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?
No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).
My GC application has been filed under EB3. 140 has been approved, PD-08/2008. I hold a MS degree from US and possess 5yrs work experience. I've recently been moved to a new role. While the role itself don't require a MS degree, will I be eligible to file an EB2 application if the role required a BS + 5yrs work experience?
My Wife is an Indian citizen but was born in Kuwait and is on H4 currently. Is the concept of "Cross Eligibility" applicable to my GC application? If yes, how do we take advantage of it?
You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.
I just want to know if I can be eligible for an EB2 visa...I have a bachelor of science in occupational therapy in the Philippines and I am taking up an advanced degree in OT online here in the US..the question is...can I apply for EB2 after I had finished the advance degree in OT?
In my opinion, if your job requires an advanced degree, you can apply for EB-2.
Let me first thank you for guiding hundreds of us with your valuable advice. My sincere thanks to you. I have a question regarding the inter-changeability of EB2 prority dates. I'm an Indian citizen and my wife is a Russian citizen, born in Russia. She will be filing as my dependent on my green card. I read on some online forums that I can user her country's priority date ("current" as of today) for the green card. Is this correct?
Yes, that is correct. This is referred to as "Cross Changeability."
I have been offered a state job, whose requirements are a Bachelor's degree with a 1 year experience. However, I have a US-based Master's degree. From what I understood from the text above, my green card can not be filed under EB2. I have talked to my employer about it and they have indicated that they are willing to help me in any way they can. If I were to request them to hire me in another position and advertise the new job requirements (Master's) after I'm hired, will I be eligible under the EB2 category?
You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.
I have done my 5 years of Bachelors(traditional school) in IT from USA and also my 2 years of MBA through distance education(online) from accredited(Accrediting Commission of the Distance Education and Training Council (DETC)) University in USA.
I need to know if I qualify under EB2 Category(provided that job requires advanced degree). My employer wants to evaluate my Master degree because he thinks that Distance education is not recognized.
The key here is to find if the degree is accredited. Get together with the school.
In order to qualify for EB2 under advance degrees, is it sufficient to have a MS degree from US univ or should the job requirement state so?
The job must also require (genuinely) EB-2 level qualifications.
My PERM is approved under EB2. My education is 3 yrs Diploma+ 3 yrs B.Tech + 1.5 Yrs M.Tech + 8 yrs of exp at the time of PERM). All my education is from India. Do you see any problem with my education in I-140?
There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.
Could you please advise the average time it takes to obtain GC through EB2 category? I've got Master's in International Business and 7 years of experience in the USA and EU. I got a job offer from the States and I would like to file the petition.
The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.
My wife and I received our I-485 approval within 24 months for the whole process with Rajiv S. Khanna as our attorney and the simply wonderful team of case workers. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. The most impressive part is the team that comprised of Heather Riddick and Art Shifflet was just so efficient and so professional, that the entire process seemed so easy. We had our ups and downs with USCIS RFEs and delays but throughout all that, the team worked with great empathy and took the time to understand and hear out our concerns and worries and gave us just the right advice and support. All I can say is that they both feel just like family and are truly the best team i have worked with for any such legal matters or otherwise.
Great going guys...keep up the great work and wish you all the very best!!