EB2 fro India

[vinit_tyagi]

Hi,
I am in India and I have done B.Sc+MCA (3+3 years). I have 10+ years of working experience. I am currently working as Project Leader in India.
One of the consultants in Delhi is offering me to process EB2 for me.
Is it possible for me to apply for EB2 visa from India?

Thanks

[raghvi]

Hi,
I am in India and I have done B.Sc+MCA (3+3 years). I have 10+ years of working experience. I am currently working as Project Leader in India.
One of the consultants in Delhi is offering me to process EB2 for me.
Is it possible for me to apply for EB2 visa from India?

Thanks

Don't blindly trust any consultant and pay money. Indian bachelors is not equivalent to US bachelors and most probably USCIS will reject your I140 if under EB2 . Still in doubt you can get independent educational evaluation done.

This is my opinion not legal advice.

[peace999]

You are eligible, but you need an employer in US to file an EB2 petition for you with USCIS.
It is a several stage process.
For India there is several years' wait for the EB2 visa even after your petition is approved.
Visa wait can be checked on the visa bulletin

Don't just pay off your consultant ,
Exercise due diligence in finding out who the employer is and checking all the details.

[raghvi]

There have been lengthy discussions around this but yes ,my earlier interpretation could certainly be wrong. It all depends upon the job requirements which determine if it is EB2 or EB3.
You could have a PhD, if the job only requires a bachelor degree, it would still be in EB3. The employer and attorney has to word the documents carefully .

This is my opinion not legal advice

[vinit_tyagi]

She didn't tell me that I need an employer to file EB2. She also talked about NIW. Do we still need an employer in US even after the NIW is done. The consultant says that I will be able to work in US govt or semi govt jobs.She said job search will start even before the visa is stamped and the I will have a job in hand by the time visa is stamped.
She said First I need to get skill assessment done from CISF(Centralized Immigration Assessment Forum) and that the whole visa process takes 6-8 months.
Also that I will be able to apply for Green Card after one year.
she said that this visa category is not frequent. USA Govt opened this window last year in Oct 2012 after 8 years.


I have never been to US before.
This all looks to good to believe.

[raghvi]

She didn't tell me that I need an employer to file EB2. She also talked about NIW. Do we still need an employer in US even after the NIW is done. The consultant says that I will be able to work in US govt or semi govt jobs.She said job search will start even before the visa is stamped and the I will have a job in hand by the time visa is stamped.
She said First I need to get skill assessment done from CISF(Centralized Immigration Assessment Forum) and that the whole visa process takes 6-8 months.
Also that I will be able to apply for Green Card after one year.
she said that this visa category is not frequent. USA Govt opened this window last year in Oct 2012 after 8 years.


I have never been to US before.
This all looks to good to believe.

Most of the NIW approval cases are Ph.D holders (over 90% cases) and even then the burden of proving NIW and documentation/ evidences required are pretty big. Read some of the discussions at http://www.immihelp.com/forum/forumd...dinary-Ability and see if you match up to those qualifications/evidences.

This is my opinion not legal advice.

[peace999]

If you read the visa bulletin it shows the cut off dates for each category countrywise.
For EB2 the cutoff date for INdia is 2004, which means they are currently processing petitions
approved in 2004. That includes NIW. You will not require a job offer or labor certification for NIW, which means
your petition will be approved fast. But you will have to get in the 10 year waiting line for your EB2 visa.

Also read this about EB2

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
Additional information can be found on USCIS’s Second Preference EB-2 page.

[vinit_tyagi]

Thanks for the detailed info.


Employment Second:

India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category. A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Does it mean that the petitions approved till 2014 will be processed. Is it a good opportunity to apply?

[gaikwadsantosh]

Did you manage to get visa?

Hi Vinit

Did you manage to get visa and job on eb2 niw

I too got similar mail from one of the consultants.