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 EB2 Question. Help Please.
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Posted on 09-09-15 9:28 PM     [Snapshot: 61]     Reply [Subscribe]
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Now, EB3 is just 1 months behind EB2's priority date for anyone other than Indian, Chinese, mexican and philippines. So you can say the processing time for EB2 and EB3 are same.
Posted on 09-10-15 9:16 AM     [Snapshot: 151]     Reply [Subscribe]
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EB3 sounds better as it PWD is also lower than EB2 and moreover, EB3 is current for Nepal. Good Luck.
Posted on 09-10-15 8:51 PM     [Snapshot: 243]     Reply [Subscribe]
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Thank you all for the feedback.
Posted on 09-11-15 8:56 AM     [Snapshot: 305]     Reply [Subscribe]
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EB3 is good, अप्प्लीकेसन कम गर्न को लागि , एडवरताएस्मेंट गर्दा सकेसम्म , मोंस्टर, केरीयार builder aviod गर्नु, लोकल तिरको पेपर, कम्पनी website , र अन्य unpopular तिर गर्नु. अनि पोस्ट मा जेनेरल type भन्दा अलि specific खालको पोस्ट राख्नु, (not RN, MT but some specific kind) माइ २ सेन्ट्स.
Posted on 09-12-15 9:39 AM     [Snapshot: 393]     Reply [Subscribe]
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@land_of_gorkhali Dherai Dhanyabad. Yi sabai sujhab mero HR lai bhanchu ma. Herdai jau K hucha bhabisye ma.
Posted on 09-12-15 12:24 PM     [Snapshot: 457]     Reply [Subscribe]
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Saaney Jee,
It looks like your company will definitely help you out. At least they have agreed to file a Green Card for you, that's a best thing. Don't worry about EB2 or EB3 at this time. Time period is almost the same for both categories right now. They'll certainly do something to get Labor Certification approved once they start the process.

Good Luck.
Posted on 09-12-15 11:40 PM     [Snapshot: 518]     Reply [Subscribe]
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few things to note to all, maybe, my understanding is wrong. Please correct me, if I am wrong at any point:

1. If you can get an experience letter from your home country, obviously Nepal, from a hospital or some clinic that you have 5 years of work experience, that will really help. And it is really important for the situation where you are in.

2. Do not worry about who would apply when the job would be posted online, and in local newspaper. It is up to the decision to your employer whom to select whoever applies. Yes hundreds of candidates would apply for the position once it is online, but it is your employer who has to select. Your employer can always select you over other candidates. So it is up to your relationship with your employer who they would select. If you have a good rapport with your employer, then, you do not need to worry who applies and what experience they do have.

3. Also understand that if you are in OPT, that means you are in F 1 status. And from F 1 status, there is no way you can go to green card. You must have a H1 to go to green card. You cannot, as per law, jump from F 1 (Student or OPT) to green card. You may need to contact an immigration attorney for that to clarify your doubts.Yes, your labor certificate will approve even if you are in F1 (meaning in OPT) but, your application for I 140 filed from your employer will be denied because the intention of F 1 status is to study, get hands on experience and return to your home land. But, once your employer files for I 140, that means, you have a plan to reside in the USA permanently. That is a dual intention. You are in F 1 and came to USA stating you would return, and now, you are planning to stay in USA permanently. So USCIS will deny the petition of I 140.

 Please do not get confused on my explanation of going to H 1 from F 1, that is completely different rule and law.

Also, please note that I am not an immigration attorney or any such person who knows immigration law of the USA. I am just sharing my personal experience and I should not be liable for any thing I mentioned. I would suggest you contact a good immigration attorney and get the matter straight.
Last edited: 12-Sep-15 11:47 PM

Posted on 09-13-15 9:18 AM     [Snapshot: 579]     Reply [Subscribe]
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First congratulations for getting such an immigrant friendly employer, not many employers prefer to sponsor foreigners now a days. As most of the people said there is not much time difference between EB2 and EB3, on your case EB3 sounds more wise/logical. As long as you have your employer is on your back no matter of how many people apply for job, you are the only one who is getting that job.
What RadheShyam said about F1 to GC is very true. It is not that F1 cannot apply GC but chance of approval is very slim ( reason explained by RadheShyam). I was in similar situation earlier this year with extended OPT expiring on August. My lawyer explained (as Radheshyam explained) same thing, and also warned that if my GC petition is rejected then I will no longer be able to get student status since I intended to stay here being F1. In order not to be on such situation H1 is must before filing GC.
As you said your HR representative has no previous experience with sponsorship you got to be extra careful with your application and if I were you I would ask him to get immigration lawyer ( which I did on my case). Filling immigration form is tough and are confusing and could save lot of time and make your process smooth with properly filled form.
Other thing I would like to ask you is what is the urgency of filing GC before H1? As you said you work at Hospital, most of the jobs at hospital are CAP EXEMPTED ( can be filed any time of the year and has limitless quotas as far as I know). I am not sure if you and your employer are aware of it. Having H1 buys time as well for 6 yrs which should be more than enough to get green card.

P.S : Above mentioned is not an legal advice.

Posted on 09-13-15 7:07 PM     [Snapshot: 678]     Reply [Subscribe]
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@Radheshyam Dhanyabad Sathi. As far as going directly to GC from OPT goes I saw conflicting answers on web with some saying it can be done while other saying it can not be done. I will bring this matter to the attention of our corporate immigration attorney to see what s/he has to say. Also, if you know a good immigration attorney in Dallas area please do let me know (I can consult them next time when I am in Dallas areas to see my buddies).
Last edited: 13-Sep-15 07:09 PM

Posted on 09-13-15 8:11 PM     [Snapshot: 710]     Reply [Subscribe]
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Your employer can definitely petition for your GC while you are on OPT. USCIS does not deny your GC petition just because your employer filed for it while you are on OPT (F1 visa). The main concern is the timing. If your OPT expires before you get EAD (from EAD/AP/i485 application) with pending i485, then you cannot continue working and need to leave US. You can also apply for H1 in the mean time while you are in the process of GC application.
If you are on 17 month OPT extension, you are in good position to go through EB processing. Whether your PERM or i140 is approved depends on whether you education/skills are suited for the job position. Your OPT status will not hamper in any decision making byUSCIS.

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