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FIRANTE
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Posted on 06-19-10 12:58
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Hi All, I am planning on filing for a green card under EB2 (with Undergrad plus 5 yrs of experience). I have talked to a few lawyers (just a brief chat though..). They say I should not have any problems in getting a green card under EB2. But, when I talk to others, they give mixed reactions citing the bad economy and poor job market. I am trying to get an appointment with a lawyer and get more insight into it. But before I do that, I am trying to see if anyone has filed their green card under EB2 (with undergrad plus 5 yrs of work experience recently and how the whole process went. I would appreciate if you could share your experience. Also, does anyone know a good lawyer for this in Houston area? I know I can google it but it would be nice to know if someone has really worked with one and has had a good experience. Any information would be highly appreciated. Have a great rest of the weekend everyone. Thanks.
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Biggy Small
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Posted on 06-19-10 2:05
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Hi Firante, I didn't get a green card based on undergrad and 5 years of experience but on Masters and year of experience. I applied under EB2 too. From what my lawyer had explained to me, the job requirement is the primary criterion for EB1, 2 or 3.
I was under the impression that as long as I have a Masters degree or Undergrad with 5 years I can apply for EB2 regardless of the job. So if your job requires an undergrad and 5 years experience and that's how they have always recruited for your position at your company than it should be fine, otherwise your company has to explain the special circumstances. Lawyers want to avoid audits because its more paperwork for them.
These are few things (among a long list) to look at to see if you qualify and/or will not end up being audited in your Labor Cert.
a. What is the minimum requirement for your position as described by the Department of Labor? (I think its on the Onet site, but not sure) b. Does your company have multiple positions with similar title? If so, all of them have similar credentials as advertised in your recruiting circulations? In other words has your company always hired people with an undergrad degree and at least 5 years of experience for that position. c. If this is a new position at your company than does it match the minimum requirements as described by DOL?
You may (and I use the word may coz you never know) fall into an audit if any of the conditions aren't met so your lawyer and company needs to be prepared to answer why the special circumstances. Hope this helps.
I am no lawyer and I was only explaining my personal experience 
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FIRANTE
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Posted on 06-19-10 11:00
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Thanks a lot Biggy Small ji. It was really helpful. Just curious about your lawyer...was he/she a company lawyer or one that you got on your own? would it be possible to share the name of the lawyer? I am thinking of consulting a good lawyer before I proceed with the filing. Firante
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Gohtalo
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Posted on 06-20-10 8:23
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Firante, Yes you can share same lawyer with the company I am doing so.But I am not sure if the lawyer put your interest in first priority or your employer.In my case he was fair enough. Also you can hire your person lawyer who will work in your interest.The only thing is you have to pay for it. Everything in this GC process is all about the paperwork how good they do.So its all about lawyers and the proceess they follow eb2,3 in fact nothing matters if they can prove and provide supporting documents whatever category you are applying.
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FIRANTE
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Posted on 06-20-10 9:00
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Thanks a lot Gothalo Ji. Lawyer serving the company's interest is one of my concern. I am in consulting industry. So, the longer I have to stay with the company, the better will it be for them. So, I am a little skeptical about the lawyer being very impartial. I wouldn't mind paying a little extra for having to get my own lawyer. At this point, I am trying to find a good lawyer and get his/her advice before I talk to my company about processing for my green card. Gothalo ji, would you happen to know any good lawyer for this? Firante
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Biggy Small
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Posted on 06-27-10 9:21
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Firante,
I apologize for the late response. I was on vacation and wasn't checking sajha.My company used our internal legal department and the company lawyer represented me. But if I have to recommend and you are in the Boston area I would consult Mintz & Levin. They are in downtown Boston. Some of my friends used them and had good things to say about them. Hope that helps....
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Gohtalo
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Posted on 06-28-10 8:23
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Yes it depends on the area i.e. which state you are in.If you post which side you are from then I think anyone can recommend someone to you.
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FIRANTE
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Posted on 06-28-10 9:27
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Biggy Small Ji, its not a biggy. Welcome back. How was your vacation (vacations are always nice though..at least one doesnt have to work)? I am now in Houston. used to be in Boston for a while but being a consultant, I call myself a nomad hehe. Would be nice to know a good lawyer in Houston...If not I could even get some initial consultation with them over the phone. Gothalo Ji, I am in Houston. Thanks guys again for sharing. Firante.
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