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paulinasmith
08-10-2010, 07:10 PM
Hi All,

One of my friend is Indian but he was born in SriLanka.He have Australian passport and he is working in US on H1B.He have offer for a full time employment from one of the fortune 500 company and he also have contract offer from small Indian consultancy company.

Both companies have promised to start green card process under EB-2. In his situation what do you suggest?He is currently in his first year of H1B inside US.

Please comment

Regards,

prabasiodia
08-11-2010, 01:50 PM
I am no expert but I believe that the area of chargeability is associated with place of birth (Sri Lanka in your friend's case) and not with race (Indian) or nationality (Australian). EB2 for Sri Lanka is current and is expected to remain current in near future, so your friend will get greened in less than 2 years all inclusive. So it comes to personal preference of your friend. He should evaluate all other aspects and not immigration alone.

prabasiodia
08-11-2010, 01:57 PM
Here is something authentic. Please refer to http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf.

Ordinarily, an immigrant is chargeable for visa purposes to the numerical limitation for the foreign state or dependent area in which the immigrant's place of birth is located. Exceptions are provided for a child (unmarried and under 21 years of age) or spouse accompanying or following to join a principal to prevent the separation of family members, as well as for an applicant born in the U.S. or in a foreign state of which neither parent was a native or resident. Alternate chargeability is desirable when the visa cut-off date for the foreign state of a parent or spouse is more advantageous than that of the applicant's foreign state.

vishwak
08-11-2010, 02:45 PM
I'm no expert and giving my personal thought.

It would be good to go with F-500 as he would be getting GC in 1-2 years from start date of process.

paulinasmith
08-11-2010, 05:40 PM
Here is something authentic. Please refer to http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf.

Ordinarily, an immigrant is chargeable for visa purposes to the numerical limitation for the foreign state or dependent area in which the immigrant's place of birth is located. Exceptions are provided for a child (unmarried and under 21 years of age) or spouse accompanying or following to join a principal to prevent the separation of family members, as well as for an applicant born in the U.S. or in a foreign state of which neither parent was a native or resident. Alternate chargeability is desirable when the visa cut-off date for the foreign state of a parent or spouse is more advantageous than that of the applicant's foreign state.

If a child is born in Australia (unmarried and under 21 years of age), can the parent claim the chargibility date from their child?

prabasiodia
08-11-2010, 07:21 PM
If a child is born in Australia (unmarried and under 21 years of age), can the parent claim the chargibility date from their child?
Not to my knowledge. Only a child can choose to claim chargeability of either parent, if it's favorable. One of my friends whose child was born in Mauritius tried that route but the lawyer said "no".

paulinasmith
08-11-2010, 07:59 PM
I'm no expert and giving my personal thought.

It would be good to go with F-500 as he would be getting GC in 1-2 years from start date of process.

This time (1-2 years) doesn't include any PERM audits or time involved for PWD or time imposed by company HR etc.