Posted by: sarkekodimag February 14, 2010
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Answer to Q1. Yes. As long as japanese master degree is equivalent to amrican master's degree.
Answer to Q2: H1B is non-immigrant visa and GREEN CARD is immigrant status. They are Apple and Orange. They are totally different. H1B is not pre-requisite for GREEN CARD (mostly misunderstood). Your employer can file EB2 visa even now. They need to follow certain steps. 1. You would need Labor certification . Once you get LC move on to step>> 2) i-140 and 3)i-485 ... once you get those approved you will get GC. Depending on cases, you can even file step 2 and 3 concurrently which will save time. Before filing LC, your employer needs to follow some guidlines like publishing advertisement for the post for at least a month and then wait for another month (1m + 1m = 2 m) before filing LC. Take a look at EAT-9089 form. Employer should give an honest attempt to hire US resident for the post before hiring a foreign national. If your employer advertises for the post tomorrow (feb-15,2010) for a month (untill March-15, 2010) and wait for another Month (April-15, 2010); then your employer can file LC on your behalf on April-16, 2010. LC takes 45-60 days. Lets say 60 days. that will be June-16, 2010. So basically you may be able to file I-140 and I-485 on June-16, 2010. Since you mentioned it EB2, it might take 8 months to 18 months depending on visa center you would use (Nebraska visa center is slow). Priority dates are current for EB2 for every national except for Indian, Chinese, Mexican (not sure), Philipino (not sure). You can check the status of Priority dates on Visa Bulletin. Just type Visa Bulletin March 2010 in google and click the first hit.
Bottom line: H1B is not needed to file GC.
Your homework: Google EAT-9089, Labor certification (LC), I-140, I-485 for green card and I-129 for H1B. Definition of Priority Date (PD).
Answer to Q2: H1B is non-immigrant visa and GREEN CARD is immigrant status. They are Apple and Orange. They are totally different. H1B is not pre-requisite for GREEN CARD (mostly misunderstood). Your employer can file EB2 visa even now. They need to follow certain steps. 1. You would need Labor certification . Once you get LC move on to step>> 2) i-140 and 3)i-485 ... once you get those approved you will get GC. Depending on cases, you can even file step 2 and 3 concurrently which will save time. Before filing LC, your employer needs to follow some guidlines like publishing advertisement for the post for at least a month and then wait for another month (1m + 1m = 2 m) before filing LC. Take a look at EAT-9089 form. Employer should give an honest attempt to hire US resident for the post before hiring a foreign national. If your employer advertises for the post tomorrow (feb-15,2010) for a month (untill March-15, 2010) and wait for another Month (April-15, 2010); then your employer can file LC on your behalf on April-16, 2010. LC takes 45-60 days. Lets say 60 days. that will be June-16, 2010. So basically you may be able to file I-140 and I-485 on June-16, 2010. Since you mentioned it EB2, it might take 8 months to 18 months depending on visa center you would use (Nebraska visa center is slow). Priority dates are current for EB2 for every national except for Indian, Chinese, Mexican (not sure), Philipino (not sure). You can check the status of Priority dates on Visa Bulletin. Just type Visa Bulletin March 2010 in google and click the first hit.
Bottom line: H1B is not needed to file GC.
Your homework: Google EAT-9089, Labor certification (LC), I-140, I-485 for green card and I-129 for H1B. Definition of Priority Date (PD).