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awayfromhome
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Posted on 12-24-10 6:57
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Friends,
If anyone here has been through the similar case or heard of this kind of issue, please share.
I got my h1-b in Bachelor Quota this year. And I also completed my masters degree. Am I eligible to apply GC under EB2 immediately? I have seen many people talking about salary requirement for Eb2 category here in Sajha, Level 2 Salary of my current position is really very high in my region and I don't know if my employer will be ready to pay me level 2 wage for GC purpose. I dont have too much hope on this but while researching on various forums people are talking about changing the position to meet salary requirement. For instance, DBA or computer programmer has less salary (level 2) than software engineer, is this a good idea to change the current position?
Please suggest.
Please also recommend me some good attorneys who may have handled this kind of case. How much is the average fee being charged by immigration lawyer these days?
Thanks.
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Simsim
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Posted on 12-24-10 8:38
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The salary requirement is for the position after you have got your GC. If you have done master's, you should be eligible for EB2. The work experience you have now with the Company is not relevant to filing for labor/EB2. I assume you are not talking about filing for EB2 based on bachelor's degree plus 5 yrs exp.
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ark
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Posted on 12-24-10 9:08
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as simsim said, you can apply for EB2 once u have master's degree. Current salary doesn't matter since the defined salary is to be given after you get GC.
General lawyer fee is around 4000 dollars exclusive of application fees, advertising fees.
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awayfromhome
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Posted on 12-24-10 9:28
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thanks Simsim and Ark for replying on my thread.
I just completed my MS from US university. Even though salary has to be given after GC, I am not hoping that much raise within next 1-2 years. Thus changing my current position may be preferred by my employer if there will not be any problem later.
please share if anyone here has changed the position for this purpose.
thanks.
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sajhababa
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Posted on 12-24-10 10:29
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As far as I know, having a Master's degree is not enough. Your job should REQUIRE either a Master's degree or a Bachelor's degree with 5 years experience. Only then, will you qualify for EB2.
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kanchha-dai
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Posted on 12-24-10 10:38
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I think there are mainly two ways to file GC under EB2 category. One is NIW (national interest waiver) which does not require labor certification. You can also apply yourself without employer's sponsership in NIW. In the employer sponsered with labor certification, the company has to file for labor certification first based on your current job that must be permanent. If your current position requires only Bachelor's degree, the company has to go for EB3 category no matter what is your current degree. In this situation, either the employer has to assign (or create) you in the position which requires master's degree or you have to file under NIW. But NIW requires various evidences such as research publications, impact on US economy, environment, medical etc from your capacity and job. I have seen several NIW cases approved who has PhD and has several publication. You may need some outstanding record of something to file based on Master's degree. Best idea would be to consult with an immigration layer and read some information in USCIS website.
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