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 H1B and EB2
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Posted on 02-14-10 8:02 PM     Reply [Subscribe]
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Hi!
My employer is ready for EB2... I have my master degree from Japan and also doing master degree here in USA ( will be complete in 2011 May ).

Question 1: Can I apply for EB2 based on My master degree from Japan??

Question 2: Do I need to go for H1B before EB2? If yes, after how many years of H1B, I can apply for EB2?

Your views are highly appreciated.

Thank you.
 
Posted on 02-14-10 11:16 PM     Reply [Subscribe]
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Answer to Q1. Yes. As long as japanese master degree is equivalent to amrican master's degree.
Answer to Q2: H1B is non-immigrant visa and GREEN CARD is immigrant status. They are Apple and Orange. They are totally different. H1B is not pre-requisite for GREEN CARD (mostly misunderstood). Your employer can file EB2 visa even now. They need to follow certain steps. 1. You would need Labor certification . Once you get LC move on to step>> 2) i-140 and 3)i-485 ... once you get those approved you will get GC. Depending on cases, you can even file step 2 and 3 concurrently which will save time. Before filing LC, your employer needs to follow some guidlines like publishing advertisement for the post for at least a month and then wait for another month (1m + 1m = 2 m) before filing LC. Take a look at EAT-9089 form. Employer should give an honest attempt to hire US resident for the post before hiring a foreign national. If your employer advertises for the post tomorrow (feb-15,2010) for a month (untill March-15, 2010) and wait for another Month (April-15, 2010); then your employer can file LC on your behalf on April-16, 2010. LC takes 45-60 days. Lets say 60 days. that will be June-16, 2010. So basically you may be able to file I-140 and I-485 on June-16, 2010. Since you mentioned it EB2, it might take 8 months to 18 months depending on visa center you would use (Nebraska visa center is slow). Priority dates are current for EB2 for every national except for Indian, Chinese, Mexican (not sure), Philipino (not sure). You can check the status of Priority dates on Visa Bulletin. Just type Visa Bulletin March 2010 in google and click the first hit.

Bottom line: H1B is not needed to file GC.

Your homework: Google EAT-9089, Labor certification (LC), I-140, I-485 for green card and I-129 for H1B. Definition of Priority Date (PD).


 
Posted on 02-17-10 8:26 AM     Reply [Subscribe]
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Dear Sarkikodimag and all, I could find some important messages from your information. I am also graduating on Masters in Health Care Management on June 2010. At this time, I am working with  Pre-complition OPT in a private clinic as a technician, since past 6 months, which is related to health care but not exactly match with my degree. 
1. Can my employer sponsor me for H1B or any visa category?
2. What are the basic requirements have to be with employer?
3. Would you please refer any immigration lawyer or advisors for this case?

Any informations, thoughts, suggestions will be highly appreciated.


 
Posted on 02-17-10 9:47 AM     Reply [Subscribe]
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it doesnt matter what degree you have...imp thing is what your job requires.....you might be working on a position that requires high school the h1 is out of question. If it requires bachelors then they can apply for h1b and EB3 but if thejob requires bachelors+5 years then they can apply for h1b in EB2....if the job requires masters then EB3 is a no brainer....first step ...apply for h1b....the category will be determined in later stage...
 
Posted on 02-17-10 12:22 PM     Reply [Subscribe]
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Thanks for sharing information guys.
 
Posted on 02-18-10 6:27 PM     Reply [Subscribe]
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Thank you so much guys for sharing information. Anybody have information about Indian OR Neplease  Immigration advisor or lawyer for H1B, Please !!! 



 


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