Green Card Eligibility for EB2 Category - H1 B Visa holder

USA H1B Visa
1

Hi Saurabh,

My wife is working for a company based out of USA as a full time employee. She has 10 plus years of experience in the software industry and works as a senior level software analyst. Her educational qualifications are in the following order which she pursued in India.

Schooling - 12th Grade - Senior Secondary Education.

Diploma in Electronics Engineering - 3 years.

B.Tech in Electronics Engineering - 3 years (lateral Entry) in a reputed University.

MBA in International Business - 2 years (Distance Education in the same reputed University).

She is requesting her employer to file for EB2 Green Card category starting this year. Their educational evaluation tells that she don’t have 4 years bachelor degree when they filed her H1 B transfer last year, 2013. So, they are telling that she would be coming under EB3 category. She didn’t accept it and now she is speaking with her management to reconsider the evaluation in order to file in EB2.

Could you please suggest what options she could take? Can she show more proofs of educational certifications that she pursued to the company.

2

Management is mistaken. Applicant is EB2 because cumulative education is deciding criteria (it is not about when but what total present qualifications are).

All the best



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
3

Thanks Sandeep! I will let you know if any more updates needed.

4

In my opinion, go ahead and process GC under EB3 Category so that you get the priority date as soon as possible.

	With the current priority date for Eb2 move back to November 2004 (I presume that your nationality is India) and the trends estimated is 12 years.



	So instead of delaying the processing, better option get promoted to Manager / Director in the company / Complete Advance degree etc (check the Eb2 eligibility criteria) in the next 12 years and port the Eb3 to Eb2.



	In short get priority dates ASAP and work out options to port to EB2 in the next 10 years
5

Yes, she is from India. Thanks for your suggestion. Will take necessary steps and let you know if needed.