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EB-2 Greencard directly from OPT/F-1 Visa?

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  • EB-2 Greencard directly from OPT/F-1 Visa?

    Hey guys,

    I am a Mechanical Engineer, originally from Bangladesh, and I have been working in the United States for about 1.5 years on my OPT, with an employer who was willing to sponsor my H1B, which they did, but I wasn't picked in the lottery unfortunately. I have made some good contributions to my company and my boss is highly motivated on keeping me here.

    My boss suggested that he would happily sponsor my greencard, and we looked up online on USCIS and found that I could possibly be eligible for EB-2. I have a Masters's and a Bachelor's degree in Mechanical Engineering (with a certificate in Engineering Management) from a US College, and my task as an engineer in the company requires a rare combination of administrative systems programming and mechanical engineering designing that is extremely hard to find an actual American replacement for me for. Me leaving would put the company on a rough situation (like having to be forced to hire two different people for the variation of tasks that I am responsible for).

    Now here's the problem. My OPT runs out next year on August (08/17), and my boss wants me to stay here and work here without any interruptions (i.e. having to go back to Bangladesh). Is it possible to get an employment based green card before then with the PERM conditions?

    Am I correct in assuming that I am eligible for EB-2, without H1b, under my circumstances in the first place? Or should I just count on applying for the H1b next year (my last shot in the lottery).

    Wondering if you guys had some advice here?

  • #2
    Would you please share you experience? I am kind of in a similar situation and hope to know your experience. Thank you

    Comment


    • #3
      Experience Letter - Using On the Job Experience

      A little background about my situation. I graduated in 2012, and worked for Company A for 3 years and 9 months (part-time), and current company for 2 years (full time). I am a Tax Accountant and also a CPA.

      My Perm was filed in April with EB-3. Labor certification requires bachelor degree in accounting and 12 months experience, and job duties of tax accountant as the offered position. Although I feel that I have met the experience, but my current immigration attorney told me that I can't use on the job experience. My issue is that I still can't get the experience letter from previous employer. I only have a travel document from my previous employer verifying my employment back in 2015.

      I have B.S in accounting, almost 4 years working as staff accountant, and 2 years working as tax accountant naturally progressing to senior level. I also have CPA certification and CFE certification. These certifications require 2 years of accounting experience, but I don't know how to proof that in a letter.

      I am beyond frustrated thinking that I can't prove the 12 months experience listed on the labor certification if I can't use my current job experience. My current employer is very supportive, and they can provide me experience letter, but I just can't get the letter from previous employer. Do you think I have a strong case for approval?

      I really appreciate your help as I've been thinking about changing attorney for i-140 and i-1485 case.

      I look forward to hear from you. Thank you.
      EB-3 APPLICANT
      04/30/18 PERM filed
      10/23/18 I-140 filed
      11/26/18 I-140 approved
      02/21/19 I-485, I-765, I-131 filed
      03/21/19 Biometrics interview
      07/25/19 I-693 Courtesy letter
      08/06/19 Case is ready to be scheduled for interview
      08/12/19 EAD/AP card is being produced
      08/13/19 EAD/AP was approved
      08/17/19 EAD/AP was delivered
      09/03/19 SSN card received
      09/06/19 Interview was scheduled
      10/11/19 Interview date
      10/11/19 New card is being produced
      10/17/19 Card was mailed
      10/19/19 Card was delivered

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