Help Please

[buncj]

Just want to find out if one can apply through EB-2 category under exceptional ability in Science ( Mathematics) with an approved labor certification?

In fact, my labor was approved with bachelor's degree as a minimum requirement. Meanwhile for one to be offered this job ( high school mathematics teacher), one need to have license ( do have license level one and expected to have either level two or three in two weeks time).

I am also a holder of Master's degree in Mathematics.

Was a teaching assistant at University of North Dakota.

Was a part-time lecturer at the University of Cape Coat , Ghana

A member of American's Mathematical Association

A member of North Dakota Educator's Association

A member of Mathematical Association of Ghana

Salary above the minimum wage required for this position.


Is it okay for my employer to file 1-140 and 1-485 without the approved labor certification since my lawyer up to date has'nt been able to tell me the specific category I belong to as far as the 1-140 form is concerned.


Your reply would be very much appreciated

[Emmalee25]

HI,
EB2 and E2 are totally different visas, EB requirs an investment of at least 500k into a certain area, whereas E2 requires an initial investment and ownership of a business, as the holder of a masters degree you could consider a H1B visa, or any of the above, dependant upon financial viability. if you put your story into the :introduction: section, and tell your full story im sure we could help further.

Merry Xmas'
Emx

[buncj]

HI,
EB2 and E2 are totally different visas, EB requirs an investment of at least 500k into a certain area, whereas E2 requires an initial investment and ownership of a business, as the holder of a masters degree you could consider a H1B visa, or any of the above, dependant upon financial viability. if you put your story into the :introduction: section, and tell your full story im sure we could help further.

Merry Xmas'
Emx



I am new to this forum. The above posted information happened to be my first post on this forum.

I am a high school mathematics teacher in Minneapolis, USA. I had this job just last August. I am working with my OPT EAD (F-1 VISA) which expires next year August.

I told my employer on my EAD expiry date and he decided to file permanent residence application for me. My employer is new to his position as the superintendent of the school district. So he told me to find a lawyer since the school district does not have their own Attorney. A friend then recommended an Attorney for me. In fact I did not know anything about the process until recently when I started to do some internent research. The minimum qualification on the approved labor certification was Bachelor's degree.

When my Attorney sent the 1-140 and 1-485 forms for my employers signature, he had marked on " A profession with an advanced degree or exceptional abilty ( Who is Not seeking National Interest waiver).

So I called him to inform him if it was a typographical error made, but he insisted that it was the category I could be classified best. I told him that since the minimum requirement for the job was approved on Bachelor's degree on the certification form, any category which will not match the qualification on the approved labor certication will lead to a denial. He replied that I shouldn't worry, I should be fine with that category. Meanwhile I saw that I could best be classified under "A professional with ( minimum or skilled worker) of bachelor's degree" which is now facing retrogression.


A week ago I had e-mail message from Attorney stating that he intend to change my category from the category he marked on the form to the one that I was talking about. I immediately saw that my Attorney was not versed in that immigration issue. Meanwhile I am paying for all the cost involved.

I am in a delima. Do not know whether to send the 1-485 forms to him or I should change him for a different lawyer or I should let my employer file it under exceptional abilty since I do not qualify for advanced degree professional because of the minimum qualification for the job.


My worry is that I do not want to be in this retrogression category, People within this category do not know their fate as at now. The other issue is that I am applying that with my spouse. So I think that this category would not be best for us.

This is the whole fact about my case.


Need your response.

[DavidL]

HI,
EB2 and E2 are totally different visas, EB requirs an investment of at least 500k into a certain area, whereas E2 requires an initial investment and ownership of a business, as the holder of a masters degree you could consider a H1B visa, or any of the above, dependant upon financial viability. if you put your story into the :introduction: section, and tell your full story im sure we could help further.

Merry Xmas'
Emx

Em,

EB2 is an employment based green card category, where a sponsoring employer (sole trader, partnership or company) wishes to sponsor a potential employee. There are several categories under each class. I think you are maybe confusing the 500k deal with EB5?

[DavidL]

I am new to this forum. The above posted information happened to be my first post on this forum.

I am a high school mathematics teacher in Minneapolis, USA. I had this job just last August. I am working with my OPT EAD (F-1 VISA) which expires next year August.

I told my employer on my EAD expiry date and he decided to file permanent residence application for me. My employer is new to his position as the superintendent of the school district. So he told me to find a lawyer since the school district does not have their own Attorney. A friend then recommended an Attorney for me. In fact I did not know anything about the process until recently when I started to do some internent research. The minimum qualification on the approved labor certification was Bachelor's degree.

When my Attorney sent the 1-140 and 1-485 forms for my employers signature, he had marked on " A profession with an advanced degree or exceptional abilty ( Who is Not seeking National Interest waiver).

So I called him to inform him if it was a typographical error made, but he insisted that it was the category I could be classified best. I told him that since the minimum requirement for the job was approved on Bachelor's degree on the certification form, any category which will not match the qualification on the approved labor certication will lead to a denial. He replied that I shouldn't worry, I should be fine with that category. Meanwhile I saw that I could best be classified under "A professional with ( minimum or skilled worker) of bachelor's degree" which is now facing retrogression.


A week ago I had e-mail message from Attorney stating that he intend to change my category from the category he marked on the form to the one that I was talking about. I immediately saw that my Attorney was not versed in that immigration issue. Meanwhile I am paying for all the cost involved.

I am in a delima. Do not know whether to send the 1-485 forms to him or I should change him for a different lawyer or I should let my employer file it under exceptional abilty since I do not qualify for advanced degree professional because of the minimum qualification for the job.


My worry is that I do not want to be in this retrogression category, People within this category do not know their fate as at now. The other issue is that I am applying that with my spouse. So I think that this category would not be best for us.

This is the whole fact about my case.


Need your response.

My advice would be to visit www.immigration.com where you will find loads of good advice from individuals who have and are going through the process relating to your situation. For the record all EB3 categories (ww, India, China etc) are in retrogression as are some EB2 categories. It is the job which dictates under which category you can file. Typically, you need a job which demands a 'masters' in order to apply under EB2 unless you can meet the criteria of 'exceptional ability' (you need a min of 3 out of the 6 criteria and even then you may struggle unless you have 5).

While the process of Labor Certification is now much quicker (typically 90-180 days), it all depends on who you have wording the job advert etc which is crucial to a successful case.

Sorry, if I a sound vague, but I can't explain 2 years of research into one email!!

[Emmalee25]

Thanks david,
I got completely confused.....so mant visa's and so little time :)
Em x

[v2002]

The minimum qualification on the approved labor certification was Bachelor's degree
** This determines your EB cat.

When my Attorney sent the 1-140 and 1-485 forms for my employers signature, he had marked on " A profession with an advanced degree or exceptional abilty ( Who is Not seeking National Interest waiver).
**Your lawer is right you do not qualify for NIW

My worry is that I do not want to be in this retrogression category,
** It is not for you to decide.And yes your school and lawer both do not understand the Immigration process. ...You need to understand basic requirements.

Technically. YOU ARE ON OPT that means your current status in USA is that of a F1 ( student visa) the reason why you have EAD card is because of your OPT (training). To get in any E2 cat for employment you will first need to change your status from student visa to immigrant visa . that means you will need to get on H visa first .
No employer can file for your I140 or I485 if you are on student visa .
Regarding you LC that your school may have filed that can be used for your employment for getting you on H1 B visa first tell them to use that LC for file for your I-129 form , under priority filing it takes only 15 days to get approval.
Than you follow these steps...
1. Change status from F1 to H1B

2. H1b to file for LC again for perm. residency

3. file for I-140 + I-485
You may contact a good immigration lawer do not go to small town lawers to save money.Your masters from USA will help you to clear your LC under perm as there is Spl. quota for USA gards..