dh010447

Hi Guys,

I asked a similar question to this some time ago, but I wanted to see if anyone else can offer any input.

My L1b visa is due to expire this time next year so I have been thinking about options.

EB-3 greencard, which would be the obvious option, isn't going to work due to the current regression.

EB-1 greencard isn't going to work as I am not a manager.

Which leaves EB2 (which is currently 'Current')

According to Messersmith Law firm (http://www.messersmithlaw.com/green-card/eb2.html)
"The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master's degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree."

According to US Embassy in London (http://www.usembassy.org.uk/cons_new...essionals.html)
"Members of the professions includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For member of the professions, advanced degree means any U.S. academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master's degree."

So - my question would be, has anyone here managed to go the EB2 route with baccalaureate + 5 years experience?

My profession is not in the explicit list, but it does require a baccalaureate degree at the very least which seems to meet the requirements. In my current position, I could probably get my employer to put together a job description with would require baccalaureate degree and 5 years experience (I have 8 years experience).

I know EB routes are employer sponsored, but I am thinking of using my own lawyer to do it and just get my company to do the PERM and sign whatever needs to be signed or supply whatever needs to be supplied.

Any thoughts would be very much appreciated before I talk to my company about it and get in touch with an immigration lawyer.

dh010447

More brain dump info from MurthyDotCom:

"After the baccalaureate degree five years of employment experience, involving incremental responsibility in the profession, may be used in place of the advanced degree to qualify for the second preference category. This is provided the position requires the advanced degree."

I guess my employer would have to pimp out the position as requiring a masters degree then and I would have to prove that I have incremental responsibility too... That shouldn't be too hard, but do employers in IT generally require masters degrees and if they put it in my job description wouldn't it look a bit suss?

emartin

My first recommendation would be to switch to H-1B, assuming you qualify. This would give you an additional year in nonimmigrant status (6 yr H-1B max vs 5 years in L-1B status). Also, you can extend the H-1B last 6 years if the permanent residence (PR) paperwork was filed 365 days before the H-1B ends. This extension can continue until you get PR (or it is denied, worst case scenario). This would avoid you having to tailor the job so it was EB-2.

However, if the position really does require a bachelor's degree a 5 year's experience, then the EB-2 is an option. You must have a bachelor's degree for EB-2, you can't use experience to equate to a degree.

Whether you do EB-2 or EB-3, you really should change to H-1B to give you the option of extending your nonimmigrant status. If you have a spouse who is working in L-2 status, changing to H-1B will end her work authorization, unfortunately.

Folinskyinla

Hi:

OK, so you have a "profession." But your own description states that the profession does not require an advanced degree or equivalent.

dh010447

It would be easy to tailor the description to require the equivalent degree + 5 years. Would this meet the qualification requirement?

dh010447

That is the main issue with transferring. I would have to get my wife to move to H1-B, then I would have to move to H1-B. At the very least we would have to pay for her costs. Then there is the H1-B availability issue as well as only being able to work for the H1-B employer (in her case).

Socal Local

You don't mention how long you have been working for your current employer, but even if they were prepared to say that your position had a requirement of a bachelors degree plus 5 years of experience, bear in mind that you would need to have had 5 years of experience prior to starting work in the position. If you currently have 8 years experience total, I am not sure if this works out for you or not.

dh010447

That is a good point... The position I would be offered is a different roll, but with the same employer - so I don't think I would be able to count it. Bummer...

emartin

You can use experience gained with the same employer if the experience was in a position substantially different (50% different duties) to the one being used for labor certification. Bear in mind that the labor cert. can be filed for a future position, not necessarily the one you hold now. However, you still need to have met the requirements for the position at the time the labor cert. is filed.

dh010447

oooh - thanks emartin... That is useful to know. Do you think that 12 months would a good ballpark figure from applying to getting EB-2 greencard?

emartin

12 months is very optimistic. The first step alone is taking about 6-12 months. I would estimate 18-24 months total, to be safe.

dh010447

Oh yeah - i didn't consider PERM or I-140 filing times...

Do you know if there is still time / availability to go down the H1-B route right now? I think the last I read, there was something like 20,000 H1-B's still available...

Reading what you put in your first post, I'm toying with the idea of:
- Wife switching to H1-B with current L2 employer
- Me switching to H1-B after she has achieved this
- some time in the future, going down EB-3 greencard path

Greencard path would be with my employer. After getting priority date and renewing H1-B on a yearly basis, would my wife also be able to renew her H1-B or would she have to switch to H4 (or get her employer to begin greencard process for her)?


Ooooooooooorrrrhhhhhh... I just looked into the H1-B fees.

$320 for I-129
$1,500 ACWIA fee
$ 500 fraud prevention fee
$1,000 Premium processing fee
-------
$3,320

Then there is the $1,500 ACWIA fee payable on the first extension

Am I missing anything? I am assuming that there would be a trip to an embassy to get the visa at some point also...

Socal Local

Once you file for I-485 you would be able to get an EAD which would enable your wife to work even if she ran out of time on the H1-B. Whether or not you would have got to the point of being able to file I-485 (your priority date must be current) in time is impossible to say. Bear in mind also that time spent in L1/L2 status counts towards time on the H1-B.

On the fees front, I noticed you included $1000 for premium processing, but given that this is a longer term plan, you probably don't need premium processing, especially if you are going to be paying the fees yourselves.

Folinskyinla

Hi:

Consult with a lawyer. Also, it pays to remember that a labor certificate is notionally independent of the ultimate classification. Like a say, a legal consultation is in order to look at all the facts.

dh010447

Thanks Social Local. Still a little unclear on one point though - As long as we begin the process (file for PERM) 365 days before H1-B expires, we can renew in yearly increments even if a visa number is not available (cant file I485 until visa number is available)? Will my wife still be able to renew in yearly increments also - even though the PERM, I-140 will be through my employer?