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eb2 or eb3 ?

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  • eb2 or eb3 ?

    I was hired in a state position so I got my h1b from a separate cap (pool) than private companies get. I am about to finish my master's degree in engineering at the end of this year, but at the time I got my job here a few years ago, a master's degree was not required for this position. As of today I have worked more than 4 years on h1b and I am concerned my maximum allowed period of 6 years is running out before I get a green card sponsorship. They said they will help me but it seems it's taking forever!

    I am curious what are my options right now when I have less than 2 years of h1b status left. I can continue and stay here with these state folks and see if they are really applying for me before let's say, Summer, or I could start looking for another job in private sector before April 1 so I can get another h1b but I do not know if I will be allowed to work between April 1 and October 1 since I do not know the rules of h1b transferring. Assuming I can start working immediately with a transfer, I still do not have my master's degree in hand until the end of this year so I would have the same chances as with my current position requirements?

    Is there a third option? and since I do not yet have my master's degree in hand, should I go for eb2 or eb3? I have 5 years of work experience even before working for this position, and I have a bachelor's degree obviously.

    Also what happens if they apply for me during my last year of h1b and the pending status goes beyond the h1b limit, which is actually likely to happen from what I'm hearing, do I need to leave usa until I get a decision from uscis or I can ask for extension to stay beyond the h1b limit of 6 years?
    Last edited by dingo; 01-06-2013, 04:41 PM.