Some queries on EAD

[Ankitkdesai]

Hi

I'm about to start my GC process on EB-2 and I have completed 3 yrs on H1B. My lawyer informed me that it will take atleast 10 yrs to get my EAD as there won't be much difference on EB2 and EB3 . I wanted to how far she is saying it correct? is it really gonna take that long?

thanks

[Ankitkdesai]

Even I thought the same I argued with for some time and then gave up. Can tel do I qualify for EB2 and approximately how long it will take to get EAD. I know its a hypothetical question but just on experience like a ball park number of years.

[Ankitkdesai]

Hey Omshiv,

thanks for the response.. I just don't get it then why is the lawyer saying like that. i think I should just make sure that she does under EB2 and rest leave for the PD to be current rather then thinking about what she said and all.

[MayEB2I]

Is the lawyer through your employer?

If so, I guess it is because the employer wants to hold you and told your lawyer to give the above information.

Since employer is the primary customer for your lawyer and NOT you, the lawyer is protecting his customer's(employer's) interests.

It all depends on how well is your relationship with your employer.

Labour and I140 time is same for both EB3 or EB2 but once that is cleared, the wait time for EB3 India just SUCKS.

Dont fall for this trap.

you have 3 options.

1) Request your employer and the lawyer to apply EB2 Labor for you

2) Find a new company that is willing to do EB2

3) Go ahead with EB3 for now....but keep looking for another company that do Eb2 for you in future so you can upgrade from EB3 to EB2 and you can still retain the EB3 priority date.

Good Luck.

[pontevecchio]

You do realize that the employer or the Lawyer are immaterial in the matter. If PERM is approved and then the EB2 EB3 question is decided at the time of I140 approval. In any case major changes may possibly come which may help you a lot or delay you a lot. Tea is of the essence.

[Ankitkdesai]

Is the lawyer through your employer?

If so, I guess it is because the employer wants to hold you and told your lawyer to give the above information.

Since employer is the primary customer for your lawyer and NOT you, the lawyer is protecting his customer's(employer's) interests.

It all depends on how well is your relationship with your employer.

Labour and I140 time is same for both EB3 or EB2 but once that is cleared, the wait time for EB3 India just SUCKS.

Dont fall for this trap.

you have 3 options.

1) Request your employer and the lawyer to apply EB2 Labor for you

2) Find a new company that is willing to do EB2

3) Go ahead with EB3 for now....but keep looking for another company that do Eb2 for you in future so you can upgrade from EB3 to EB2 and you can still retain the EB3 priority date.

Good Luck.

Hi Krish Murthy,

You have mistaken my question. first of all I'm not filling on EB3. I will be filling on EB2 and this company being small I have to directly deal with the lawyer and the company just do the necessary paper.

I will just explain my case:

I'm filling on EB2,

The employer have not talked anything to the lawyer, infact the employer is insisting on EB2.

But when I talked with the lawyer or I think it was the lawyer's assistant the once they have from trainee kind of people, she told me that it will be 9-10 years not matter what ever you file EB2 or EB3. So I got bit worried and came you with all these question:

Do I qualify for EB2 Master of Engineering in USA and working in same firm since last 4 years?

Does the lawyer have insufficient knowledge or it is really gonna take so much time on EB2?

Any replies will be helpful. Thanks for the ones posted above

[Ankitkdesai]

the lawyer's assistant might be a paralegal...they dont have the authority to advice.

Exactly she is a paralegal, but I'm only concerned that what she is saying should not be true that what I have been asking since when. and also do I qualify for EB2?

[Ankitkdesai]

well dont worry about what she said then.

Yes you qualify for EB2

Someone please clarify my parallegal still says that it will take 9 yrs on EB2 to just get an EAD card. Is there something which she is aware of and we all don't have any knowledge of. She is making totally confused to get EAD if it will take 9yrs then it really frustrating that too on EB2.

[pontevecchio]

Look up the visa bulletin including past bulletins and you will get an idea.