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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28068
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My current employer is applying for PERM under EB2 category,

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My current employer is applying for PERM under EB2 category, I am currently on h1b, I have US Masters degree and 5 years of work experience ( 3 years in USA) and 2 years in India. I worked with 2 companies in USA where I have 3 years of US experience before I joined my current employer. I worked for first company for 8 months and they gave me experience letter and the second one for 2 years 4 months , but they only gave me employment verification letter. I am requesting HR constantly to give me experience letter but they replied saying they will only give employment verification letter. will this be an issue when processing I-140?? Please let me know
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
This will not be an issue for the EB2 based on the US master degree. That is all that is required to qualify for EB2.
However, if the employer wants to include an experience requirement you will only be able to use the 8 months from the first company unless you can get an experience letter from Co #2 which they refuse to do.
When the experience requirement comes into play is to have less qualified workers apply for the position when the employer advertises the position. There are more people who have 8 months of experience than those who might have 3 years of experience.
But you can still qualify for EB2 based on the US Master degree. You don't need any experience.
Customer: replied 3 years ago.

Hi Judith, thanks for your reply, i have 2 years of experience after bachelors degree back in my country and I have experience letter for that position.can i add the 2 yrs experience while filing i-140? is it true that more experience letters you show with the masters degree, the less the chance of getting RFE's at time of I-140 approval?? I want to have a smooth way.

Yes, you can use the 2 years experience letter from home.
It is true the more experience letters you have the better as it decreases your competition who qualify.
Customer: replied 3 years ago.

Can you please tell me what are the exact qualifications that are needed to qualify to file PERM under EB2

A US master degree or a 4 year degree from abroad that is determined to be the equivalent of a US bachelor degree. You cannot have a 3 year BS and make up the 4th year with a combination of education and/or experience. The underlying BS has to be 4 years.

See this link


Customer: replied 3 years ago.

My husband has applied for perm too and his priority date is before mine, if my i-140 petition has RFE or gets denied, when i apply through my husband as his dependent, will there be any problem in our green card processing (will his or my Green card processing be affected at that point ) as my i-140 is denied.

No, your denied I-140 has no affect on your husband or your eligibility to adjust as his derivative beneficiary.
Go for it, nothing to loose.

Hello. I am just checking it to inquire if my answer was helpful.
Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism appreciate your positive rating. If I can answer anything further, please just ask. I have 34 years experience and there probably isn't much I cannot answer for you competently.

Customer: replied 3 years ago.

1. My current H1B visa stamping date is until Sep 2013 from my previous employer. I am employed with a new company and have a new I-797 until 2015. I am planning to visit India in Aug, 2013 and return in Sep 2013. My question is, should I go for H1B visa stamping when I visit India or can I enter with my earlier visa stamping date although it would expire within 10 days after my arrival and will there be any problems at port of entry saying your visa is about to expire even though i have a new I-797 approval.

2. My fiance is in her 6th year of H1B expiring in Feb 2014. If I apply for Green Card PERM Labor processing this year for my fiance, will that give H1B extension to her ?. Also if she plans to shift to student visa (F1), will the Green Card PERM processing will be cancelled.

“Listen, it’s been great helping you, but I have to attend to my other customers now that we’ve covered your issues of permanent residency through EB2 and PERM education requirements. I encourage you to check back in with me as your situation progresses. If you like, I can help you with additional questions you may have in the future, about things like visa stamping, entry on your visa stamp and your fiance's visa, etc. Here’s my profile link to ask me direct questions: - please visit me again!” You can also begin a new question thread with "FOR JUDITH". i AM AVAILABLE 7 DAYS A WEEK, Enjoy your weekend.


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