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Company approves Green Card process

Company approves Green Card process

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Old Jun 25th 2010, 11:47 pm
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Default Company approves Green Card process

Well i got good news today. The company have approved the green card process . Now i have to send all my documents etc to the immigration company to review what bracket i will fall into (hopefully EB2).
If anyone wants to share their opinion here are my details.

Bachelor of Engineering Degree in 2007,
Working since 2000 from apprentice to salaried person
On an L1b visa since 2008
Now acting Quality Manager since November 2009 with direct reports

The nerves are killing me, please let it be EB2 .
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Old Jun 26th 2010, 5:42 pm
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Default Re: Company approves Green Card process

Originally Posted by stewartsjh21
Well i got good news today. The company have approved the green card process . Now i have to send all my documents etc to the immigration company to review what bracket i will fall into (hopefully EB2).
If anyone wants to share their opinion here are my details.

Bachelor of Engineering Degree in 2007,
Working since 2000 from apprentice to salaried person
On an L1b visa since 2008
Now acting Quality Manager since November 2009 with direct reports

The nerves are killing me, please let it be EB2 .
EB3
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Old Jun 26th 2010, 9:30 pm
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Default Re: Company approves Green Card process

Originally Posted by stewartsjh21
Well i got good news today. The company have approved the green card process . Now i have to send all my documents etc to the immigration company to review what bracket i will fall into (hopefully EB2).
If anyone wants to share their opinion here are my details.

Bachelor of Engineering Degree in 2007,
Working since 2000 from apprentice to salaried person
On an L1b visa since 2008
Now acting Quality Manager since November 2009 with direct reports

The nerves are killing me, please let it be EB2 .
From the information you provide, it is difficult to see how it can be assessed as EB2.

The problem is that, to be classified as EB2 using the normal "Advanced Degree" route, the job must require either an MSc (or above) or BSc + 5 years progressive experience. Currently, you don't appear to be able to fulfill either criteria, even if the job requires it.

EB-2: Members of Professions Holding Advanced Degrees

The petition can be filed in this category if the job requires an advanced degree (beyond Bachelor's degree such as Master's degree or Ph.D.) and the alien has such a degree or the equivalent (Bachelor's degree plus five years of progressive experience in the profession. Also called BS+5.) The degree may be from U.S. or equivalent degree from a foreign country. If applying by BS+5, the experience letters from former employers showing that the alien has at least 5 years of progressive experience in the specialty after the Bachelor's degree are required. The experience from the current employer CAN NOT be used unless that experience is for a different job (different job duties, promotion to manager etc.) than for the job for which the petition is being filed.
Please note that merely having an advanced degree or equivalent (BS+5) is not enough to file the petition in EB2, the job must require it. The alien must be working in a professional occupation such as lawyers, doctors, architects,
engineers and teachers.
With a BSc gained in 2007, you don't have the 5 years progressive experience to qualify for EB2, nor the advanced degree that would take away the need for it.

Their is an option for EB-2: Exceptional Ability in Sciences, Arts or Business but that is a much harder route IMHO.

Last edited by sangiano; Jun 26th 2010 at 9:32 pm.
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Old Jun 28th 2010, 4:03 am
  #4  
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Default Re: Company approves Green Card process

Originally Posted by stewartsjh21
Well i got good news today. The company have approved the green card process . Now i have to send all my documents etc to the immigration company to review what bracket i will fall into (hopefully EB2).
If anyone wants to share their opinion here are my details.

Bachelor of Engineering Degree in 2007,
Working since 2000 from apprentice to salaried person
On an L1b visa since 2008
Now acting Quality Manager since November 2009 with direct reports

The nerves are killing me, please let it be EB2 .
Is the company willing to promote you into a senior managerial or executive position? If so, you can ride through as EB-1.

--J
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Old Jun 28th 2010, 11:51 am
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Default Re: Company approves Green Card process

Originally Posted by JCraigFong
Is the company willing to promote you into a senior managerial or executive position? If so, you can ride through as EB-1.

--J
They are promoting me to Quality Manager on a permanent basis, which is the role i have being fullfilling since November 2009. Not exactly senior management but i'm hoping it will be enough to ride through as EB2.
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Old Jun 28th 2010, 1:19 pm
  #6  
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Default Re: Company approves Green Card process

Originally Posted by stewartsjh21
... but i'm hoping it will be enough to ride through as EB2.
There's a saying in spanish... "dreams alone alone won't get her pregnant...." (Sueños no Preñan)

Meaning that hoping alone won't get the job done....

Based on the EB-2 rules in terms of required experience and degree don't seem to match what you have. There not much to hope for in this area.

Perhaps with the word "Manager" in your title, EB-1 might be pulled off ?

I see EB-1 more likely than EB-2, since the requirements in degree+experience are very explicit, and from what you have stated, you do not appear to meet them. I am unsure of the EB-1 exact requirements, but I think your actual duties carry more weight than your education on EB-1. I'm sure someone on the board will enlighten us. If not, Google is your friend.

In any case, hopefully you have a lawyer representing you, and I'm sure your lawyer will be looking out for your best interest.
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Old Jun 28th 2010, 1:31 pm
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Default Re: Company approves Green Card process

I get confused with the differences between EB1/2/3
My OH is the one with the work visa and we are currently waiting to see if his employers will be prepared to go down the GC route for us. He is currently working on a H1B since Oct 2009
The job he now has was advertised as requiring a degree and at least 5 years experience. OH has a Bsc and has been working in his field for almost 12 years. His current job does not have him manage people constantly but he 'oversees' jobs and on certain jobs he has people report to him. Based on that I would place him in the EB3 category. Would I be right?
His employers have NEVER hired any one for a visa before and so I don't think they fully know what will be involved in getting a GC so I wanted to be as knowledgeable as possible when we have 'the meeting' with them. (By that I mean the Royal 'we' as it will actually only be him meeting with them and not me too)
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Old Jun 28th 2010, 1:45 pm
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Default Re: Company approves Green Card process

All they have to nis pay and appoint a Lawyer who does know what they are doing.
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Old Jun 28th 2010, 1:50 pm
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Default Re: Company approves Green Card process

Thanks.
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