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atlgc
11-08-2010, 11:56 AM
hello

work for decent size company (1500 employees).i am the only non citizen/non gc holder

applied eb3 and stuck since 2003.gained masters in 2006

planning to apply to EB2 with different title .

my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

does that mean its guaranteed audit like that meaning do they question or is it possible

any experiences who ported are appreciated

thanks

veni001
11-08-2010, 02:32 PM
hello

work for decent size company (1500 employees).i am the only non citizen/non gc holder

applied eb3 and stuck since 2003.gained masters in 2006

planning to apply to EB2 with different title .

my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

does that mean its guaranteed audit like that meaning do they question or is it possible

any experiences who ported are appreciated

thanks

You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

If they suspect any fraud then your employer will be asked for supervised recruitment effort

Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

forgerator
11-08-2010, 05:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

If they suspect any fraud then your employer will be asked for supervised recruitment effort

Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.

I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o

veni001
11-08-2010, 05:54 PM
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.

I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o

How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

forgerator
11-08-2010, 06:14 PM
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)

atlgc
11-09-2010, 10:32 AM
the attroney preparing with masters plus 7 years experience

he says not every application get audited but there are chances

per him its not post masters years ,its over all experience

Sachin_Stock
11-09-2010, 11:16 AM
I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.

laststraw
11-09-2010, 06:47 PM
I just went through PERM and I140, both of them approved without audit/RFE, where the requirement was Masters + 10 years experience. The job role required this. The requirement should match the job role and what the company would do if they are hiring a new person for the job.

And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.

Hope this helps.

forgerator
11-11-2010, 01:35 AM
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)

got an update. Lawyer is proceeding to file mine under EB-2 and specifying the following requirement - Masters with 2 yr experience minimum or alternatively Bachelors + 5 yrs minimum. Hopefully everything works out smoothly!

Project_A
11-11-2010, 11:48 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesnít matter because of the MS requirement?

Thank you
Project_A

forgerator
11-11-2010, 12:49 PM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesnít matter because of the MS requirement?

Thank you
Project_A

It should be greater than 50% different if you wish to use the previous position's experience.

Here is how it happened in my case

Company 1 - 2yrs exp

Company 2 position 1 - 3 yrs exp

Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).

WAIT_FOR_EVER_GC
11-11-2010, 01:35 PM
Why don't you ask this in the free attorney call

hello

work for decent size company (1500 employees).i am the only non citizen/non gc holder

applied eb3 and stuck since 2003.gained masters in 2006

planning to apply to EB2 with different title .

my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

does that mean its guaranteed audit like that meaning do they question or is it possible

any experiences who ported are appreciated

thanks