I know there has been some threads in this topic but i request you to give me some feedback to my situation.

Currently, i am working through a consultant as a project lead in one client location. I have a master's degree but my company is suggesting me to apply on EB3 category? How long does the EB3 process work? Also, anyone in my situation have applied in EB2 and would i qualify? I have a little more than a year's experience in the job and have 2-3 years work experience in Nepal as well. I need to make a decision and need some suggestion. If audit happens in my position, will it take a long time?

Thanks in advance for your suggestions.

 

NO, don't even think of EB3 if you have the Masters from US. The priority date is current in EB2 for Nepal. Go for your I-140 and I-485 right away after your labor is approved. I am giving you my timeline, but that's pretty much the same for friends and folks who filed together with me.  

 

Labor = 45 days

I-140 = 96 days

I-485 = 138 days

 

So, you can see it’s not even 10 months overall. It’s really that simple in EB2. Get the best lawyer for yourself who can walk you through the entire process. My company was paying for it, so obviously I got the best one.

EB3 could take you atleast 2-3 years. EB2 can be done as soon as 6-8 months. That's what I have seen. But EB2 might have more requirements.

Hi Avicobain:

Can you let me know your job description and industry? I also sent you an email? Also, what is the requirement of salary for EB2. My company was saying it is more than $100,000, is that true?

Guys, can anyone let me know what is EB2 and EB3 how it is different from H1B.

If someone says that to qualify for EB2 you need to have 100K salary, then that is the biggest bullshit of all. Though I make 100K,  it had nothing to do with my process. As long as you have Masters + 2 yrs or Bachelors +5 yrs, you are good. As a matter of fact, on the priority date, I had Masters + 1.5 yrs. But, it’s true that if you change the company while GC process in on then the next job you land up should be similar to what you’ve doing along with the pay scale. I guess you are not concerned about that right now. By the way, I am into Finance and Controlling.

 

This thing should not be misunderstood while determining the category, either EB2 or EB3. It is not your qualification that determines the category, it is the Job description that determines the category. However, you should be qualified enough  (education wise and experience wise) to work for the job as described.

If you have masters degree and/or this many years of experience but if your job does not require that qualification, then you will not be able to file in EB2. You need to have a job that REQUIRES those qualifications.

Sheetalb, check with some lawyers and provide them your exact job description. They will let you know if your job qualifies for EB2 or not. About salary, it also depends on the job description and the city where you are working. Your attorney will request the "prevailing wage" for the state department of labor (not sure about the agency though) for that job description. Your company does not need to pay you the salary before you get your greencard. If they have paid you more than the minimum salary for the job, then that is good because the USCIS will not need to know if the company is financially capable of paying you the minimum salary, since they have been paying it right now, if they have not paid you the minimum salary, they might want to see the company's financial capability.

so, again, it is the job description that determines if you can apply under EB-2 or EB-3.

Goodluck!

can your employer file EB2 directly from F1/OPT if you have a master's degree? the description on the 1-140 instruction doesn't seem to say that you need experience or maybe i just interpreted it that way.Just wondering if anybody has gone directly from F1/OPT to EB2.

 

Who May File Form I-140?

A U.S. employer may file this petition for:

3. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

source: i-140instr.pdf

 

 

Have anyone working with a consultancy filed under EB2? My employer is located in California but i work in Iowa at client's location, which salary requirement it should apply to - California or Iowa?

My job requirements could be EB2 as i have seen similar position getting in EB2 category. please HELP

You can go head and check the salary required at below link. Master with 0 years experience is level two. But the level depends upon the requirement of the job.

http://flcdatacenter.com/OesWizardStep2.aspx?stateName=California

Good luck