H1B filing, help needed

[ShadowHunter]

Hello guys,
I completed my masters in electrical engineering from USA. I graduated on May 2013 and i got a job in the month of July. This is my first job and ive been with the company for 7 months. Thats my background.

Well the company will be filing H1B visa for me this year. The job description says bachelors in electrical engineering so i asked them if they could put the description as masters in electrical engineering preferred. They wont do that. If everything goes well they will file GC next year and that would put me under EB3 category. My question is will i lose the 20000 cap from H1B application because of solely the job description or will i still be considered under advanced degree application because of the transcripts i provide from my Masters?

Also how long is the wait for EB3 and EB2 categories approximately?

Thank you

[raghvi]

Hello guys,
I completed my masters in electrical engineering from USA. I graduated on May 2013 and i got a job in the month of July. This is my first job and ive been with the company for 7 months. Thats my background.

Well the company will be filing H1B visa for me this year. The job description says bachelors in electrical engineering so i asked them if they could put the description as masters in electrical engineering preferred. They wont do that. If everything goes well they will file GC next year and that would put me under EB3 category. My question is will i lose the 20000 cap from H1B application because of solely the job description or will i still be considered under advanced degree application because of the transcripts i provide from my Masters?

Also how long is the wait for EB3 and EB2 categories approximately?

Thank you

Well they cannot put in a requirement that it requires a Masters in Electrical Engineering if the job doesn't require it because the DOL may always come back and say why the job requires a Master's when similar job are being done in the industry by non Master's. Secondly, the salary requirements are higher for employing US master's. Irrespective, I believe you are still eligible for US master's cap.

EB3 /EB 2 wait time depends upon country of Birth. http://travel.state.gov/contenthttps...uary-2014.html

EB3 for India is Sep 2003 so you are looking at around 11 Years wait.
EB2 is around Nov 2004 so around 9.5 years.

This is my opinion not legal advice.