साझा प्रयोगकर्ताहरु ,
म एउटा इन्डियन consulting कम्पनीमा Software Developer को काम गर्छु | ३ वर्ष हुन लाग्यो, तेहा काम गरेको | अहिले h1B को 4th year मा छु |

मेरो कम्पनीले अगष्ट २०१४ मा GC PERM file गरेको छ , EB2 category मा ...approve हुन कति समय लाग्छ होला ? ५ महिना लाग्छ रे भन्ने सुनेको |

यसो अनुभव साटासाट गरम न है ?

धन्यवाद
उही क्या ..

जे पायो तेइ सोम ,
timro som lai badhai chha.. ani timro som ni Indian consulting company ma kaam garne ho ?

I was hired three years ago with a Bachelors degree. In the meantime, I earned an online Masters Degree. My HR is willing to file my Green card under EB2 with a new job role that requires a Masters degree.
1) Can I use my Masters degree earned after joining work to file for EB2?
2) Anyone here had the same experience? Or have any information for this case?
Really confused. Please Help!!!
-prasna s.

@ prasna_123
Advertisement ra subseqyently Labor Certification garne time ma Petitioner ko candidate sanga Higher Degree (timro case ma Master's) cha bhane ...petitioner ko Job Requirements lai timro application le fulfill garne huna le timi lai problem na hunu parne ho...Tara Attorney ta chadai cha timro doubt clarify garna lai.
Remember petition to adjust ur status is for future employment.

@uhi_kya
Ma ani mera dherai sathi haru le sa saanu company haru bata nai adjustment of status approve garayau..timro prasna yadi...timi le bhanya jastai company bata gaarho huncha ki approve garauna bhanne ho bhane..mero anubhav ma tyasle farak na parnu parne ho..albeit, aru procedure ta fulfill hunai paryo. Bhanna khojya Fortune 500 type and FTE nai hunu parcha bhanne kei chaina...

TMI - Ajhai maile garya co. ta ghatiya, khattam, attorney paji, sabai chor haru bha co. thiyo....Tara thanks to them..

@kaidasbhaisaab: Have you heard of any approval cases for situations similar to mine (EB2 with Masters degree earned after joining company)?

No, I have not personally heard of any case where the applicant completed their Master’s during the employment because most of us applied only after our Master’s diploma. So I cannot claim anything here. Although, they say one can port the petition from EB3 to EB2 but I heard it is pretty difficult (and a lousy way to go for us – the ROW).
I read a similar thread in Trackitt but I could not paste the link here (you may search there) but the summary she mentioned was along the following line:
DOL may assess that a job (the one that you are doing in particular or something similar in the industry) does not necessarily require a Master’s, then it does not matter whether you have a Master’s or NOT - the company should have accepted candidates without a Master’s degree (in such cases, your Labor Certification might be approved under EB3 even though you have a Master’s and even though the Petitioner (ur company) had advertised the role with a Master’s degree requirement). So what Trackitt reader suggested is that one would be better off if the Company opens a completely different requisition that is not the same as your current Role but the one which specifically requires a Master’s (and that it passes DOL assessment for similar role in the industry), then since you are a successful applicant your petition should count (and it would not matter whether you completed your Master’s while you were working for them – think of it like you completed your Master’s to get hired for this new role that ur company requisitioned for). Of Course a good Attorney would easily know about how best to file for your Labor Certification to get you certified under EB2, but since we are just talking and sharing our (un-solicitated) opinions, in my best guess that Trackitt suggestion would work for you.
Bottom-line: *New Requisition w/ Master’s *You are a successful applicant *It does not matter whether you did your Master’s while you worked for them.

@kalidasbhaisaab: Thanks :)

Just for the record - Nepal EB3 is almost current. Feb 2015 Visa Bulletin is processing Jan 01, 2014. In the last 3-4 months, it has moved by over 3 years. If this continues, in next few months, Visa bulletin might have Nepal listed as current for EB3. But there have been time in the past where it has moved back or stayed same for several months.

One think we need to understand is that GC through employment is for future employment. In reality this doesn't happen. May be less than 1 %.

The main important thing for PERM to go under EB2 or EB3 is job postings requirements.

@uhi_kya -- Here is my understanding. If your employer is filing for the same position or similar position that u currently hold, then there is no way you can go under EB2, weather you have master or 5 years. Because you were hired while holding Bachelors degree and DOL will come back and say that this position doesn't need masters because beneficiary is already performing the responsibilities with minimum required skills. Your job should be completely different than what you are currently working on (at least by 51 %) which can prove that it requires masters degree. But small companies and consultancy know how to manipulate this wordings and listings. I would be chill-pill If I were in your shoes simply because you have still 3 years left and also because you are with consultancy who are very good at this things.

@STUPIDA

Thank you for your comment...
Just wanted to clarify ... I started job after completing my masters degree...
So.. they have filled for EB2 category. My employer has good history of successful GC..but not sure what will happen in my case because the attorney has been changed... I am more worried about PERM at this time.

Thank you guys...

Probably got confused with prasna_123. He completed his master while working for the company.
I don't see any reason to be worried in your case. Recently I have heard from multiple sources that PERM audit these days has gone up. And there are 2 kinds of audit - one that is randomly chosen from a pool of application and the other ones which are more of red flags ones. Any time they go into audit you are looking 12 months of extra time added to the current processing time.
Your's is August and I am sure they are processing August so you could get decision any day, provided there was no audit. You could ask your employer or lawyer for user name and password and see the status online too. There is no way to readily get online status for PERM unless it is approved. You can search "Approved" PERM online.

@Stupida: So your suggestion for me would be EB3 instead of EB2 since I completed my Masters after joining this company. Please correct me if I am wrong.

That is not my suggestion. You would know your case and current situations better than anyone. I am merely providing what I know so that you can make informed decision. Since you are the one who is going to be affected, all the risks and merits is up to you to decide.
Your HR seems very lenient. You clearly mentioned that they are willing to apply for new role that requires master degree, than why settle for EB3. These priority dates may move back and then you would be waiting. The only think I know is that you cannot apply under EB2 for the position your are currently working even though you have master. As long as the master was done (as someone above suggested) prior to filing the PERM and the job listing requires master, you can qualify for EB2. Again green card is for future employment. SO you could be basically working in your current position but once you have green card you could be working completely in different roles and hence HR can sponsorship for that new role. Just make sure that this new role is substantially different (according to websites it has to be 51% or more). The burden on proving it is different is on beneficiary.
Hope this helps.

euta kuro ni sathi ho, mero pani mero office bata green card filing suru gardiyo hai. Mero non profit organization ho hai. ani ni mero prevailing wage pani determine bhayera aayo hai labor department bata ani seems ok with the wage i am getting re hai (lawyer le bhaneko). testo hataar ta kei chhaina hai but still ajhai kati time lagchha hola tyo green card haat ma parna. I know there is not exact time but roughly on average kati time laglaa? Kripaya kei thaa chha bhane yeso bhandinus na.

EB2 ho ki EB3 ?
Rough Estimate for EB2 :
1. PWD (your done)
2. Advertisement and Cooling of Time- 2 months
3. Preparing for documents for PERM - 1 month (depends on lawyer to lawyer)
4. PERM result - 4 - 5 months (if no Audit)
5. I140 - 3 -4 month (but you can do premium and get result within 3 weeks)
6. I 485 - 2-3 months [Note : if you want, you can file 1 140 and I 485 together)

***************
But everything depends on LUCK... kei bhanna sakinna bro

Master degree with total 1 year experience cha. If indian consultancy is willing to file GC under EB2 ( dhoti lai fakaifulai garrera ), do you guys think its good to file? I have been hearing that if minimum required skill like years of experience is not that high then there is a high possibility of PERM audit... Sathi haru k salla dinnuhuncha file garnna??

Aru ke option cha?

aru option ta khi pani chainna.. all I have is master degree and 12.5 months of work experience thru consultancy.... Yedi file garnna mannyo bhane dhoti le milayera required skill set garlla ne advertisement gardaa..

Yes, that was my point. Unless you are really good academically and that you got a full time job with a company who is willing to take care of your H1B and GC needs, the only other popular option is to go for the Consulting Company. About PERM Audit during Labor Application, like previous threaders already mentioned - it's all about sampling, luck, your company's history et al. There is no other way out. IT IS a good idea. Go for it.

Thanks@Kalidasbhaisaab. So in your opinion year of experience doesn't matter much while filing PERM besides sampling, luck, company's history etc ?? The only thing bugging me is people usually have atleast 3-4 years of real experience while filing PERM GC and company also sets the required skill accordingly. But in my case I have just 1 year of experience and consultancy have to set minimum required skill accordingly during ad's. Consultancy lai ta fakaunna cha cha..... tara consultancy le manne pani I am worried from DOL/USCIS side....they may come up with a question/doubt like just 1 year exp lai GC bhanneraa..

Based on the USCIS site info about EB2, it looks like for an advanced degree requisition, relevant experience is not a 'Mandatory' prerequisite.

मेरो आफ्नै पेतिशन हाल्दा पनि मेरो experience दुइ वर्ष पनि भा थिएन (EB2 मा) So based on Master's Degree petition your current experience should make you eligible to apply. Best of Luck.

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

http://www.murthy.com/2011/07/15/eb2-or-eb3-understanding-the-difference/

F1_Refugee,
Can you please update your case now? Did you apply or not? If you applied, what process you followed?I am also in almost same situation. I have my H1B approved on October last year and I have been with current consultancy since July 2015. They are ready to start my GC (probably on EB2). I have MS degree from US, almost 2 years experience through consultancy, and around 4 years experience from Nepal. My current position is Software Developer which was petitioned for H1B. I am thinking of applying on EB2 with Sr. Developer. looking for genuine suggestions.