View Full Version : eb2 or eb3 ?

01-06-2013, 11:07 PM
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?

01-07-2013, 07:56 AM
what kind of state position is that ??
is it an research project ??

01-07-2013, 01:03 PM
no, it's a regular programmer position but in the private sector but in an institution. do you have any ideas what my options are here?

01-07-2013, 01:05 PM
no, it's a regular programmer position just not in the private sector but in an institution. do you have any ideas what my options are here?

01-08-2013, 10:53 AM
Whether to stay or stick is your personal choice.. What you do say is correct that your time is definitely running away.

Now, if you transfer your H-1B you can start working for the new employer as soon as you get your receipt #. You don't need to work until April/October.

EB2-EB3 has nothing to do with your qualification. Every type of a job opening comes with a bare minimum education + experience. So if a company is looking for a person to fill in a position of a sweeper, they will need somebody who can speak english (may be not even that ) + say 1 year experience. Now if you were to apply (no offense meant) or say If I were to apply with my BS + 10 years of experience, I would be certainly over qualified for that position but the company cannot process my GC in EB2. It has to be EB3. So just bcoz I have BS + 10 yrs experience or MS, does not entitle me for an EB2.

If they were looking for a say Senior System Analyst based on DOL there is a certain job code and certain qualification/experience criteria that you should meet. If you fulfill that, then your employer can process you under EB2.

3rd option - if you cannot find a job elsewhere, just ride out your time. Go back to your country for 1 yr and come back on different visa or even same visa. I stress different visa bcoz lot of people go back to their home countries, get into managerial positions, come to US as L-1A individuals & file for their PR under EB1 category - which till now is current and certainly a quick way to gain PR.

Hope this helps!

01-08-2013, 11:36 AM
thanks, this was extremely helpful! so let me recap to see if I got all the info right:

* anytime while on h1, if I want to move to another employer I can start as soon as I see the receipt notice, and I am not influenced by the April/October cycle in any way, right?
* eb2/3 is about the position's requirements and not about the individual's qualifications?

01-08-2013, 01:05 PM
If your current H1B is from non-profit/cap-exempt pool, then you have wait till October 1st to start working on new H1B from a regular pool. Which means you have to stick with current employer till Sep 30th.

I heard there were very very limited exceptions which allows to work before October 1st (from cap-exempt to cap). You have to consult attorney to know about those exceptions.

If you decide to change employer, then your future employer can start your GC process now itself. And yes, EB2 or EB3 is based on position requirement.

Good luck.

01-09-2013, 05:34 PM
This was useful info! Thanks for that.

Is it possible to switch to F1 after say, 5.5 years of h1 and then after 3 years of F1 switch back to h1? Will it be for only the remaining portion of 0.5 years or will it be for another 6? Is there any danger of getting out of status or having to leave, going this route?