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About Ajay K. Arora
Expertise
My law practice is focused exclusively on employment and family-based Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, etc.
Experience
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
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You are here: Experts > Homework Help > Immigration Issues > Immigration Issues > EB2
Expert: Ajay K. Arora - 8/29/2008
Question
Hi, I hope you are doing well.
I have my bachelors (computer engineering - 06/2005) and masters (MBA - 08/2008) degrees from US institutions.
I am currently working for a company as a marketing/brand manager on OPT. Applied opt after masters degree - start date 8/17/2008.
I am wondering if it will be best for me to apply for EB2 or H-1B. I have been denied my H-1B twice due to the lottery in the past two years. (previously applied -- both times -- as a software engineer with bachelors degree.)
Any help in weighing my options will be greatly appreciated.
Thanks,
Talha Ashraf
Answer
Hi Talha,
An H1B petition can be filed on April 01, 2009 under the master's visa cap, and hopefully you will be included within the visa cap this time since you have completed a master's degree from the U.S. An H1B petition requires the offered position to be a specialty occupation, i.e., a position requiring a U.S. bachelor's degree or equivalent in order to properly perform the job. You easily qualify with your M.B.A. degree. There is no distinction between EB2 or EB3 in H1B.
Since H1B status allows for intention to immigrate to the U.S., it is OK for your employer to support you for permanent residency in the U.S. through the filing of a PERM application (also known as application for alien labor certification). PERM can be filed under EB2 if the position requires a master's degree as a minimum qualification for the job. I recommend waiting until you have H1B status before the employer files a PERM application for you; F1 visa status does not allow for intention to immigrate to the U.S.
Regards,
Ajay K. Arora, Esq.
www.h1b1.com
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