Software Engineering Career
Yesterday
1265
Why does leetcode get so much hate?
World Conflicts
Yesterday
351
Remember folks, all Israel wants is the hostages back
Today I Learned
Yesterday
557
My understanding of the Holocaust was incorrect!
2024 Presidential Election
Yesterday
346
Crime is down
Tech Industry
2d
2104
Is filling for divorce reasonable given my situation
This one is going to be slightly lengthy. I am an foreign resident who is currently on F1 - fresh out of college. MS recently started the perm process for me. As I understand, there are 2 categories under which MS can file for your green card - EB2, EB3. EB2 is the better one in terms of time/likelihood of passing. My manager has currently told LCA that my role is fit for EB3. However, he is keen for me to get a promo soon so I can apply directly under EB2 (using my masters degree). Now here are my questions: 1. Would it make sense to apply under EB3 (take LCAs advice) and later "upgrade" to EB2? This can legally happen once you get a change in title/level. How easily does this happen from USCIS's side? Can they reject this petition? 2. When does stage 1 happen (the part they look for an equivalent US citizen with similar creds). Does it happen in the next couple of months, or does it happen in 5 years once you are first in line in that "queue" where you set your priority date 3. Basically, would it make sense to apply now under a worse category and lock in my priority date for an earlier period (EB3) or apply maybe 8 months later once I have the promo (EB2) for a later priority date but faster approval process. EB2 would allow me to leverage my masters degree as well, EB3 won't. Thoughts?
I don't know the answers to most of your questions, but if you are a L59 dev and you have a Master, then you can apply as EB2. Lots of people have done it. Not sure why your manager does not allow you to apply as EB2 in that level.
what's your country of chargeability?
Clearly india - as China eb3 moves faster than eb2
2 reasons - 1. My manager has a US citizen on the team with the same position, SWE at 59, and he has a bachelor's degree with a few months of experience, so he didn't recommend the LCA that my position qualified anything above that. 2. Even though he would have recommended me under EB2 (let's say this happened), then there was a bigger issue sitting on my head: Recently, USCIS has come up with some rule which states that if you have joined your employer before you have graduated (in my case, I finished my degree requirements by December, so I joined MS in Feb, and my diploma date states May, so it's technically YES for me on paper), then the USCIS cannot consider the Masters degree until the diploma date precedes employment date - which will happen for me once I get a title/level change, then technically I have a new job which I am joining after my diploma date. The USCIS will NOT accept letters from the registrar, school etc as proxies for the date of graduation set on the diploma. Hence, I have these 2 options
As I understand for these purposes the title change doesn't count as a different job if it is substantially similar. E.g. SDE 2 is similar to SDE, but different to PM.
it does actually, I know this for a fact that a promotion will make you eligible just from the fact that you would have a level up, which implies you can apply for an Eb2
I have been on the same boat. ended up applying under eb3. for india, eb2 and eb3 both have a queue length of about 11 years. my understanding was that once we get promoted to sde2 or ssde which is possible in that time, we can reapply under eb2 and retain the priority dates. 8 months might not be a big difference in terms of gc dates so if you're sure you'll get promoted and get approved by your manager for eb2 it's worth the wait. maybe right now eb2 and eb3 are the same queue. but I expect eb2 to progress faster. I personally am planning to reapply once I get 2-3 promos.
and is the rate of upgrade 100 percent? Does the fact that you are eligible for upgrade imply that you WILL definitely fall into the EB2 bucket after promotion, once they petition for EB2? USCIS or whichever government body needs to accept that you are in the EB2 category, it is possible they may reject the petition
I haven't thought that far. I contacted CELA and they told that a couple of promos would make me eligible. with USCIS, there's always a chance that any petition will be rejected. I don't think the chances for upgrade are any different than other stuff. if my application get rejected, no big deal for me. I can live with h1b as long as I'm in US. but that's me and that's for now.
^ like this person said, for Indians it makes better sense to get whatever category coz both take very long. you get the advantage of priority date. you can upgrade it later anyways
Get into the queue first - whichever queue - later think about getting into the right queue
Went thru the same, applied for eb3 initially and got upgraded to eb2 after sde2 promo. The transition seemed to be a simple application.
It will take about 9-12 years to get a GC on eb2 and about 25 years to get one on eb3 for Indians. These durations can potentially increase as more and more people apply for GCs. Good luck. Try to get on the queue as soon as you can.
9-12 is unrealistic at this point if you applied after 2015
Ok hold on. There are a lot of misconceptions around the PERM process and your eligibility categories. Although you have a masters degree that doesn't mean you qualify for an EB2 petition. Technically you should but realistically if you don't have any work experience, department of labor will deny the your application. That's just the way they work. Also your work experience with Microsoft will not count unless you move jobs. Again I don't make the rules. It's the way it is. So promo or not - it doesn't matter. Your best bet is to get a couple years of experience and in the meanwhile file for EB 3 and later on move to a different company and port your application to EB2. That way you establish your priority date which is the most important thing. If you're from india you will never get your gc unless you marry a US Citizen or a non Indian/Chinese spouse. China still has hopes.
Why arent you elegible to eb2 rightnow given you have masters degree ?