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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-07-2012, 05:08 AM
dvc dvc is offline
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Default Green Card: M.S. EB2 or EB3 classification

Hello all,
I am new here so apologies if this question has already been raised. I just got done with my M.S. and had a couple of questions regarding the Green Card:

1. Since I am a "Professional holding an advanced degree", will I be automatically classified in the EB2 category?
2. I just joined a startup and will be working there on OPT. The hope is that either if I decide to stay longer in this company, I get sponsored for H1B or I move to a company that will. In any case, can people comment on whether companies typically start Green Card processing around the time, they do an H1B processing or whether it usually takes them a few more years to do start doing that? (Also, do you guys get it in writing that they will commit to start doing the processing ?)

Thanks
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  #2 (permalink)  
Old 01-07-2012, 05:27 AM
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Apr-06
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EB2
I140 Mailed Date
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09/09/2006
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India
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I-485
I485 Mailed Date
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07/07/2007
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Quote:
Originally Posted by dvc View Post
Hello all,
I am new here so apologies if this question has already been raised. I just got done with my M.S. and had a couple of questions regarding the Green Card:

1. Since I am a "Professional holding an advanced degree", will I be automatically classified in the EB2 category?
No, its also a function of the job which must REQUIRE a masters degree as minimum qualification for the job.

Quote:
2. I just joined a startup and will be working there on OPT. The hope is that either if I decide to stay longer in this company, I get sponsored for H1B or I move to a company that will. In any case, can people comment on whether companies typically start Green Card processing around the time, they do an H1B processing or whether it usually takes them a few more years to do start doing that? (Also, do you guys get it in writing that they will commit to start doing the processing ?)

Thanks
depends on the company. Some start in parallel with H1B processing, others after finishing H1B processing, and still other companies require you to be working for N years on H1B with them before they will begin GC processing. Thus its upto your company and what you negotiate. And no, you typically dont get it in writing when they will process GC -- its a verbal agreement that is usually honored as per the comfort of the company as described above.

Good luck!
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Old 01-07-2012, 06:46 AM
dvc dvc is offline
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@foobar2001: Ah, okay, that is unfortunate. I suspect in the Software arena, there are very few jobs that require a minimum M.S.
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  #4 (permalink)  
Old 01-08-2012, 10:10 PM
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Nov-02
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EB3
I140 Mailed Date
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07/02/2006
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India
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I-140+I-485
I485 Mailed Date
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06/20/2007
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Originally Posted by dvc View Post
@foobar2001: Ah, okay, that is unfortunate. I suspect in the Software arena, there are very few jobs that require a minimum M.S.
Most software jobs are filed as EB2 these days if the employee has the BS+5 or MS qualification. You should look for a different employer if your employer is not agreeable to file as EB2.
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  #5 (permalink)  
Old 01-08-2012, 10:29 PM
Member
Priority Date
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Apr-06
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EB2
I140 Mailed Date
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09/09/2006
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India
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I-485
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07/07/2007
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Join Date: Jul 2007
Posts: 51
foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of foobar2001 has much to be proud of
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Originally Posted by a.j.2048 View Post
Most software jobs are filed as EB2 these days if the employee has the BS+5 or MS qualification. You should look for a different employer if your employer is not agreeable to file as EB2.
yes, its the employers call on how they define the job requirements and whether they are willing to file EB2 or EB3 for you. A significant majority of iv members on EB2 are indeed on software jobs and given the current EB3 backlog (HR 3012 notwithstanding), I'd strongly recommend pursuing / pushing for EB2 option.
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  #6 (permalink)  
Old 01-09-2012, 06:53 AM
dvc dvc is offline
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Awesome. Thanks guys, I will have to talk to my employer and get back.
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