Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-22-2013, 02:25 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default EB with BA from India

Hey guys,

I am currently evaluating recommending filing of green cards for a couple of my direct reports.

I figured that one of the guys has a BA degree from India with 1.5 years at NIIT and some other certifications (nothing major though). He has 12 + years of experience (11 years before joining this job).

Before I request to start his Green Card application, I was wondering if he even qualifies for a green card. If yes, I will assume EB3.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 07-22-2013, 02:37 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

If your company is paying then you should reconsider because it is likely be denied after filing I140. You will waste the whole money on PERM process and I140 fees.

These days 3 year science degree people have a hard time getting approval for science jobs greencard. This one is a BA for 3 years and makes it more difficult.

It will be a disservice to the applicant if you do not tell him that. He should not waste his precious time of 2 years in PERM, I140 processing, RFE, Education evaluation, denial. He should directly get into College. There are some colleges that allow people with 3 year degrees and 1 year diploma for masters program. With a degree he can apply for EB3. If he does not want that, he should apply for Canada.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 07-22-2013, 03:26 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

Weird.

I talked to him and he says, his qualifications are a BA+MCA and he had lost his copy of his MCA degree and at the time of his H1B application, he decided to file quickly with just the BA degree (because getting a copy from his university would take time and the window to file H1 is pretty short).

I checked the records with the HR to be sure and they have his qualification listed (and verified as we do a full background check including education for all employees) as MCA.

What now?
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 07-22-2013, 03:31 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Don't know if you can do MCA after BA.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 07-22-2013, 03:33 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

You can, if you have maths in your BA.

This said, as the degree is authenticated as OK, can I recommend filing green card for him?

If yes, in EB2 with MCA or should I suggest EB3 to avoid scrutiny of H1B with BA only?
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 07-22-2013, 03:37 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by vishalgupta2 View Post
You can, if you have maths in your BA.

This said, as the degree is authenticated as OK, can I recommend filing green card for him?

If yes, in EB2 with MCA or should I suggest EB3 to avoid scrutiny of H1B with BA only?
EB3
3+2 years only qualify for undergraduate.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 07-22-2013, 03:38 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

It's 3+3
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 07-22-2013, 03:51 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by vishalgupta2 View Post
It's 3+3
Proving degrees abroad through education evaluation is very hard. There are many businesses in USA who make lot of profit in this. It helps mostly in seeking admission in colleges in US. For immigration these private services are not that helpful even if you pay money to many services.

So be safe and get EB3 soon. EB2 will go through many long heartaches of RFEs.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 07-22-2013, 04:01 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

Thank you. I will go ahead and recommend EB3. I am assuming that it's also safer in terms of avoiding additional scrutiny for why MCA was not included in H1 applications.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 07-22-2013, 05:28 PM
Member
Priority Date
:
May-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2011
Posts: 25
abhi_2753 has a spectacular aura about abhi_2753 has a spectacular aura about
Default EB3 -Skilled workers Category

You can confirm with Attorney but I think he/she can try EB3 -Skilled workers Category where it mentioned about job experience and not education qualification. I have Masters degree but I know couple of BA people who got 140 approved.

"You must be able to demonstrate at least 2 years of job experience or training
You must be performing work for which qualified workers are not available in the United States"

USCIS - Employment-Based Immigration: Third Preference EB-3
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 07-22-2013, 05:35 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

Abhi: Please read through the replies. He actually has a MCA degree but missed submitting it when he sent paperwork for H1B. What's your thought in that case?
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 07-22-2013, 06:24 PM
Member
Priority Date
:
Jul-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2010
Posts: 49
sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute sanhari has a reputation beyond repute
Default Go for EB2

Quote:
Originally Posted by vishalgupta2 View Post
Abhi: Please read through the replies. He actually has a MCA degree but missed submitting it when he sent paperwork for H1B. What's your thought in that case?
I hope you are saying B.Sc as B.A., since you said he had Math paper in his BA.
Also, if his current/future job/position requires a Masters and since he has done MCA, you should file him on EB2. Filing EB3 should be the last option, I don't want anyone else to go to that dungeon and wait wait wait... for years, like me. So try for EB2, and I am sure he will get it since he does have a Masters degree.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 07-22-2013, 08:00 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by sanhari View Post
I hope you are saying B.Sc as B.A., since you said he had Math paper in his BA.
Also, if his current/future job/position requires a Masters and since he has done MCA, you should file him on EB2. Filing EB3 should be the last option, I don't want anyone else to go to that dungeon and wait wait wait... for years, like me. So try for EB2, and I am sure he will get it since he does have a Masters degree.
I wish every EB3 can get a chance at EB2. EB3 is a long wait to nowhere. But my response was without emotion and very objective based on what my friends are getting. Even PERM is getting difficult these days for people with education that is not directly related. And his is 3 year undergrad plus 2 year master. This will only be counted as undergrad however much you try. That's why I suggested him not waste 2-3 years trying and regretting later.Hi1B only has 6 years total unless you have filed and approved at least labor.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 07-22-2013, 10:15 PM
BZA BZA is offline
Junior Member
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 17
BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of BZA has much to be proud of
Default You want to make a decision whether to file in EB2 or EB3 by checking in the forms?

You want to make a decision whether to file in EB2 or EB3 by checking in the forms?
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 07-23-2013, 11:09 AM
Senior Member
Priority Date
:
Mar-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/06/2012
Compare
Join Date: Dec 2007
Posts: 886
krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute
Default

Quote:
Originally Posted by imh1b View Post
I wish every EB3 can get a chance at EB2. EB3 is a long wait to nowhere. But my response was without emotion and very objective based on what my friends are getting. Even PERM is getting difficult these days for people with education that is not directly related. And his is 3 year undergrad plus 2 year master. This will only be counted as undergrad however much you try. That's why I suggested him not waste 2-3 years trying and regretting later.Hi1B only has 6 years total unless you have filed and approved at least labor.
You are missing something. It is not 2 year Masters, it is 3 Year Masters. 3 + 3 qualifies for EB2 per AILA-NSC liason provided the job requires Masters.
__________________
------------
Contribution $200
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Renewing Passport in India - US Resident visiting India raj7480 All other Green Card Issues 16 07-02-2012 01:49 PM
H1B Stamping India - Can I schedule in any Consulates across India kashish333 Non-Immigrant Visas 4 12-01-2011 05:14 PM
Sending back to India from Port of Entry for longer stay in India upmr_123 Non-Immigrant Visa 15 07-27-2011 10:29 PM
Going to India for H1B stamping-Do Ineed 2 travel my direct flight from US to India? smarth Out of status, employment gap and status revalidation 12 10-26-2009 06:48 PM
AC 21 Portability and New Employer like Infosys India, Wipro India, IBM India krupa Interesting Topics 5 06-28-2009 01:35 PM



All times are GMT -4. The time now is 12:06 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org