Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?
If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.
I contacted the Law Offices of Mr. Rajiv S. Khanna for secondary advice in regards to my and my husband's green card process and filing of G-639. Via telephone conference I received helpful advice, more detailed information and clarification than I had received from my other lawyer. I found Mr. Khanna very knowledgeable. I wish I had come to Mr. Khanna's office at the start of my green card process. I strongly recommend his service. /EAB
What is I-485 Pre-adjudicate/Pre-adjudication?
How soon must I join my future green card employer?
Situation -
I have my EB2 India PD as March, 2008. I applied for I-485 in Oct 2014 (Future based GC application). My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.
Question: What is I-485 Pre-adjudicate/Pre-adjudication?
You are at the last step of the green card process. Your priority dates became current, you filed the I-485, then the priority dates slipped back two years, at this time USCIS has two choices. They can either put your file in their filing cabinet and forget about the case, until the priority dates become current again. Or they can sit down and can say look we have time, let’s go over the case, adjudicate all the details, decide that the case is completely qualified to receive a green card, so we pre-adjudicate, decide that the person is entitled to get the green card. Make a note on the file. If you need some documents, we send an RFE get the documents so when the priority dates become current again all we have to do is issue the green card. That’s pre-adjudicate.
Question: How soon must I join my future green card employer?
There is really no rule of thumb. But within a commercially reasonable period of time. Three to four months maybe, after approval of the green card, you should join the future green card employer. In your particular case that appears to be a requirement sometimes it may not be a requirement because of AC21 and remember AC21 portability is available even in future employer green card cases.
Rajiv and Art - I can't thank you enough for the magic you did in order to get my green card which was almost next to impossible. I applied my first green card through another lawyer in 2002. That got rejected. We went to the court in Washington to challenge the rejection (through another lawyer) but lost the case. I was basically asked to pack my bags and leave the country. Luckily I had applied through another company (another division within our company) and got H1 to extend my stay and refiled my green card through the same lawyer but he said it might take a long time and my case will go into review since it has been rejected the first time. At this point i reached out to Rajiv Khanna to apply my green card again (3rd time). He has an excellent team. Art helped with my case. I was very surprised that instead of me pushing Rajiv's team, they were pushing me to work promptly. Art was always on top of the case. Whenever i had doubts, Rajiv was always available for consultation. . I finally have my green card in just 2 years since i applied thanks to Rajiv's effort. Please go with Rajiv and relax, his team will make sure your case moves at a fast track.