Qualification for EB2

[bia.migueis]

Hi,
I'm new here and im not sure where to post this but i figured this would be the right spot. sorry if its not.

I finished school in may 2012 and have been working on opt since. The company that hired me wants me to stay longer but since i graduated with an AS i can't apply for a renewal. The company is willing to get me an H1B/greencard. At this point we do not think we will be approved for the H1B since we are still waiting on some paperwork to be able to apply for the H1B and all the predictions say that if we don't file by friday we won't be able to. So we turned to our next option which would be an i-140 for immigrant worker. I currently qualify for EB3 but since they have a long line I'm trying to see if I can qualify for EB2 which is current. I read i need to meet 3 of 6 criteria. I currently have an AS from a College, have been member of IEEE for 3 years and have a CSWA certificate. My major is computer science. So here are my questions:

1) Does my CSWA certificate count for Computer Science certificate?
2) Does USCIS recognizes BrainBench certifications?
3) My IEEE membership is a student one. Do I need to upgrade it to a professional one for it to count?

I think those are my only questions so far.
Thanks for any input.

[bia.migueis]

I should also mention that I'm going for the exceptional ability in computer science for the EB2.

[imh1b]

EB2 is based on job requirements and not other way round. You maybe caught for fraud trying game the system working with employer and lawyer. Your employer has to make a good faith effort without your participation as per law to hire an American for your job. If an American is found, he will have to be offered a job. Your involvement is conflict of interest. Many of us have masters degree from top American colleges but we are EB3 because of job requirement. You need to let your employer figure it out with his lawyer first.

[bia.migueis]

i don't want to game the system. My emplyer is as we speak trying to hire people even over 50 miles from where the work place is located and they still have open position for over a year because they can't find people qualified. They want me to stay and work for them so they asked me to find out what the course of action should be, H1B, EB2, EB3 or whatever. My employer wants to have a better idea of what they have to do befoer talking to the lawyer and getting charged.

[eastindia]

Hire your small firm immigration lawyer from your town. Big name charge lot of money for simple questions. Tell him you want to pay him for consultation for 30 minutes. Then tell your employer that you have a immigration expert who you have hired to answer questions and get on a call with him. Then both of you can ask questions to understand immigration law that applies to you.