in H1b and planning to apply for Green Card

[Paudel]

Hi Friends,

I currently work for a US based water resources engineering firm as a hydrologist/consulting engineer. The company recently filed H1B for me and got approved.

I am planning to begin by Green card application process but have few confusions. Hope to get some direction here:

My Background:

Undergraduate: Civil Engineering from Nepal

Masters: Water Resources Engineering from Nepal

PhD: Water Resources Engineering from US

Work Experience: Civil Engineer (1 year after PhD) and RA 3.5 years in the US university

Current status: OPT till 15th June 2011 and H1B after that

Due to prevailing wage being higher for a hydrologist with PhD than what I was being paid, my H1B was filed under undergraduate quota and job description was simplified saying that the current position just requires a bachelors not a PhD.

Now in order to begin my GC process:

1. Is it safe to apply for GC from the same company? Is there a wait period after H1B before getting started on GC?

2. I have heard that there is wage requirement for GC too? Is it same as H1B or is it different?

3. Some people suggested that it is better to file GC showing that the job requires a PhD. Is that true?

4. The company is flexible and will help me create a new job description the way that will be helpful for my application. So, I was thinking, may be redefine my job description to a "researcher" as the prevailing wage for a researcher is comparatively lower than that for an engineer with a PhD. Is this a good idea? Will this affect my H1B?

5. Is there any work experience requirement for the GC application? If so can I use my current job's experience? Also can I use my RA experience?

6. Just getting out of everything, am I in the right track? Is there better route that I should follow?

Any help will be greatly appreciated.

Thanks for your time!

[pontevecchio]

The better route to follow is to talk to the firm of Murthy or any of your choice before you step in it by depending on a forum for life altering decisions. You should qualify for EB2 NIW if not EB1. Secondly what you want is immaterial. Talk to your Boss and have the company Lawyer involved.

[usa3711]

My Fiancé is on H1 visa, his employer had applied for his GC, but it was denied last month. I am a USC and we are getting married in 2 weeks. Can I apply for his GC after we are married? Will him being denied thru his employer have any effect on his case? His H1 is valid thru 2013. Please advise.

[Paudel]

pontevecchio,

thanks for your reply. I am trying to get a better picture of what can be done before I talk to my boss because this company does not have an immigration lawyer as I am the first international being hired. At the same time my boss is unaware of all such immigration related issues.

I think my case is still preliminary but really it's not immaterial.