QUESTION
Hello,I have an H1b visa and currently approved for a change of status to green card but my priority date is sept. ''08 ,currently they are processing
Asked on Aug 10th, 2011 on Immigration - Florida
More details to this question:
''05,would it be better for me to file an EB2 category since i have a bachelors degree and have more than 10 years of experience in my field before i got the H1b visa,would changing to an EB2 category would benefit me?
2 ANSWERS
Immigration Attorney serving Omaha, NE
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Curley Immigration Law, PC LLO
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There are many factors to consider when determining whether to file a new petition. For the EB-2 category, in addition to you having either an advanced degree or a bachelor's degree plus 5 years of experience, the position must also require an advanced degree as a minimum qualification for the position.
For September 2011, the priority dates for all countries are current in the EB-2 category, except for India and China. The cut-off date for India and China is April 15, 2007. Assuming that your I-140 has been approved, you would be able to retain your EB-3 priority date of September 2008. If your home country is India or China, your priority date would not be current yet.
You have raised some very good questions and I urge you to contact an experienced immigration attorney to review your options.
Best wishes,
Mark
Answered on Aug 31st, 2011 at 1:20 PM
Immigration Law Attorney serving Cleveland, OH
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Dear Sir/Madam,
Thank you for posting your question on Ask a Lawyer. I am happy to respond to your question.
I would definitely encourage you to file for EB-2 employment preference category as, depending on your foreign chargeability country (normally country of birth), your priority date may become current immediately. On that basis, it would make sense to apply for EB-2. I am assuming that your I-140 is approved.
We are actually doing that for many clients now especially from India. With the faster PERM processing times, it makes more sense than ever before.
If you have any additional questions, I will be more than happy to respond.
Gus M. Shihab, Esq.
The Law Firm of Shihab & Associates, Co., LPA
Answered on Aug 10th, 2011 at 2:55 PM