Do I qualify for EB2 ?

[mahesh74]

Hi
My employer is planning to file my Labour for my GC. I have done my MCA in India(B.SC 3 years followed by MCA 3years) and I have 10+ years of IT experience. Does this qualify me for EB2 ?

Also when my Perm is filed, Should I have to physically be in USA on the date of filing ? I am planning to go to India on a 2-3 month vacation and not sure if my stay outside USA during Perm filing will have any impact ?

Your answers are very much appreciated.

[txh1b]

Your job should qualify for EB2 first than you first. You seem to qualify but laterly there hae been too many denials for 3+3 degrees. CHeck the internet for posts. Labor filing has got nothing to do with your presence inside the US.

[mahesh74]

Thank you for your answers.

I have another question and this is for my colleague. He manages a large engagement and heading operations in west coast region. He is also similarly qualifed(3+3years) and on H1B. Can he opt for EB1(senior manager) ? We heard that EB1 can be applied only from L1A ? Is that true ? In other words, a person on H1B visa apply on EB1 category if his roles/responsibilites qualify for EB1 ?

Thanks in advance.

[txh1b]

Anyone that qualifies for EB1 can apply. There is no rule that it is for only L1As.