Cross Chargeability Dilemma: Should i file EB3 or EB2

[junaidm1]

Hello,

 

I am in a strange situation and need some guidance. I have a Bachelor's degree in Computer Information Technology from US and working on my Master's part time while on my H1B and my wife being a house wife. I was born in India but my wife is from a ROW country, i came across this provision which allows for me to have shorter line due to my wife's citizenship (ROW country). My dilemma is should i file under EB3 which i qualify right away or wait till i finish my masters for EB2. I currently have full time experience in IT of about 3 years and been a taxpayer since 2005. I read that scrutiny is much higher in EB2 and it would be easier and less headache in EB3 not sure if i am correct. EB3 line for ROW is about 3 years i think. I would greatly appreciate if somebody can give me some direction. 

[t75]

File now and upgrade if and when you and your job qualify

[junaidm1]

Thanks for the advice, i will get with an immigration attorney.

[areddy1234]

Hello,

 

I am in a strange situation and need some guidance. I have a Bachelor's degree in Computer Information Technology from US and working on my Master's part time while on my H1B and my wife being a house wife. I was born in India but my wife is from a ROW country, i came across this provision which allows for me to have shorter line due to my wife's citizenship (ROW country). My dilemma is should i file under EB3 which i qualify right away or wait till i finish my masters for EB2. I currently have full time experience in IT of about 3 years and been a taxpayer since 2005. I read that scrutiny is much higher in EB2 and it would be easier and less headache in EB3 not sure if i am correct. EB3 line for ROW is about 3 years i think. I would greatly appreciate if somebody can give me some direction. 

If I understand you correctly, you are an Indian citizen and your wife is ROW.

Only on your wifes petition either EB3 or EB2 you will be eligible to cut the line and get a GC under dependent category faster.

If your wife is on H4 and your employer is planning to file GC petition for you in either EB3 or EB2 based on the job qualifications, then you will fall under EB3 or EB2 india both of which have a very long ques.

 

Thanks,

Areddy.