EB-2
Question details
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.
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EB2 with online masters degree
Question details
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.
EB2 for a State job
Question details
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.
EB2 Priority Date Cross Changeability...
Question details
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."
Eligibility for and the process of EB-3 to EB-2 Porting
Question details
Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?
Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting
Video Transcript
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Dec 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Dec 17 Community Call
FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus
Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending
Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Substantial transcription for video
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Question details
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
FAQ Transcript
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.