am I eligibility?


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Hi,

 

B.com graduate : year 1993 to 1996

MCSD : year 1998

DIPLOMA : year 1997

 

Working in IT Industry as Technical Leader since 1998 to till date, 14+ yrs of IT programming experience. 10 + yrs exp in current company in India.

 

Have traveled to few countries for project work. 

 

can I file a EB2 visa from India. Do I need a offer letter from an american company ? 

 

thanks

Mr. Doubt :)

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Respectfully, you have a complete misunderstanding about working in and immigration to the U.S.

 

At a summary level ... to work and reside in the U.S. requires either family or employer sponsorship (with some limited exceptions for extraordinary or renown individuals and a few other special cases). Based on your post, you would be under the employer sponsorship category, which means you have to start by finding and securing employment with a U.S. employer who will then petition for a (e.g. H-1B) visa for you. The important point is that the sponsor (employer) files the petition for your visa. You have nothing to do with the process other than providing required information to your employer. Once the petition is approved by the USCIS and your have had it issued (stamped in your passport) at an U.S. consulate you can come to the U.S. to work and reside for a specified period of time (visas are valid for a fixed period until their stated expiry date). If you wish to work and live in the U.S. on a non-temporary basis you then need to pursue permanent residency (so-called green card), which is also a type of visa and under the situation being discussed also requires employer sponsorship. There are a number of sequential steps in the permanent residency process, with each step based on approval of the preceding step (PERM Labor Certification application by the employer > I-140 petition > I-485 adjustment of status or consular processing). In this process it is the employer's job, and not the employee's experience and qualifications, that determines employment-based (EB) preference category (e.g EB3, EB2). The permanent residency (green card) process can take anywhere from 18 - 24 months to many, many years largely dependent on the visa number availability (limited) and demand (very large for India) for the preference category.

 

It is very important to note that there are many, many (many) details not mentioned in the above summary, and every person's situation and case is unique and treated as such by the U.S. government departments and agencies involved in the immigration processes.  Hopefully you will start by doing your own research and reading (on the Internet) to educate yourself about the processes.

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rahu14, thanks for your response. I am in IT programming field, what is the best suitable category for me, so you know ? pls help.

 

GC means green card, this is something i have to apply once i land in US ? Else I can apply for GC from India itself using this EB2 cagetory ?

Like I said before, its the job responsibilities which decides the category. So first get the job requirements, review it then see under what category that job belongs to.

 

BTW, you won't apply for your GC. An employer has to file your GC.

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OP,  read the USCIS information about your RIGHTS and RESPONSIBILITIES as a guest worker and potential immigrant.  Your question is very basic and demonstrates a complete lack of understanding about US immigration policies. This failure to understand leaves you open to serious future issues for failing to comply with US rules and regulations. Be informed.

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