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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1  
Old 09-12-2010, 09:36 PM
ImmiRam ImmiRam is offline
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Default EB 2 - More RFEs than EB 3?

Hi,

I have 7+ years of progressinve experiene (no masters) and my employer filed my case in EB3 instead of EB2 because of my Salary (less than Prevailing wages). My LC just got approved last week and employer has not filed I140 yet.
Since my LC was filed I have got a promotion and my salary has increased now, so I guess I will qualify for EB2. I will ask my employer if he can file I140 in EB2 eventough LC was filed in EB3. My questions are:
1) Is it possible to change from EB3 to EB2 before filing I140 without doing LC again ?
2) I did some reeasearch online and in some forums it is mentioned that EB2 applications with no masters are prone to getting more RFEs - is it true? Is there anyway we can pull some statistics on number of EB2 REFS v/s EB3 RFES ? I dont wnat to change to EB2 and then end up getting RFEd

Please let me know your expert opinions - thanks
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  #2  
Old 09-12-2010, 10:54 PM
redcard redcard is offline
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Default

Quote:
Originally Posted by ImmiRam View Post
Hi,

I have 7+ years of progressinve experiene (no masters) and my employer filed my case in EB3 instead of EB2 because of my Salary (less than Prevailing wages). My LC just got approved last week and employer has not filed I140 yet.
Since my LC was filed I have got a promotion and my salary has increased now, so I guess I will qualify for EB2. I will ask my employer if he can file I140 in EB2 eventough LC was filed in EB3. My questions are:
1) Is it possible to change from EB3 to EB2 before filing I140 without doing LC again ?
2) I did some reeasearch online and in some forums it is mentioned that EB2 applications with no masters are prone to getting more RFEs - is it true? Is there anyway we can pull some statistics on number of EB2 REFS v/s EB3 RFES ? I dont wnat to change to EB2 and then end up getting RFEd

Please let me know your expert opinions - thanks

You will have to re-file the LC for EB2. You can file I-140 only in the category your LC was approved for.

btw, I would suggest you to work on your English, it will help.
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  #3  
Old 09-12-2010, 11:03 PM
ImmiRam ImmiRam is offline
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Default

Thanks Redcard. Any inputs on Question 2 ?

P.S: Sorry, I just type fast and do not do spell check (hasn't been a issue so far with auto spell checks) - But I will double check before posting in forums.
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  #4  
Old 09-13-2010, 08:32 AM
redcard redcard is offline
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Default

Quote:
Originally Posted by ImmiRam View Post
Thanks Redcard. Any inputs on Question 2 ?

P.S: Sorry, I just type fast and do not do spell check (hasn't been a issue so far with auto spell checks) - But I will double check before posting in forums.
Np, RFE's have nothing to do with the EB2/Eb3. As long as your job requirements meet the EB2 requirements and your company has substantiated the recruitment process you should be ok.
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  #5  
Old 09-13-2010, 06:16 PM
ImmiRam ImmiRam is offline
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Default

Quote:
Originally Posted by redcard View Post
You will have to re-file the LC for EB2. You can file I-140 only in the category your LC was approved for.

btw, I would suggest you to work on your English, it will help.
Follow up question - When an employer files for LC - do they mention the EB category for the LC ? I thought LC is more about skillsets and salary and category is more of USCIS thing. I might be wrong. Please help me out.
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  #6  
Old 09-14-2010, 10:14 AM
veni001 veni001 is offline
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Red face You are correct

Quote:
Originally Posted by ImmiRam View Post
Follow up question - When an employer files for LC - do they mention the EB category for the LC ? I thought LC is more about skillsets and salary and category is more of USCIS thing. I might be wrong. Please help me out.
EB category will be set by USCIS not DOL, DOL compares skill sets against industry standard, if it is different then there is a possibility for audit and/or RFE for business necessity. Once PERM is approved form i-140 has several questions which provide basis to categorize that particular Immigrant worker petition.
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  #7  
Old 09-14-2010, 10:16 AM
India_USA India_USA is offline
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does your job require a masters degree?
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  #8  
Old 09-14-2010, 12:16 PM
ImmiRam ImmiRam is offline
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Default

Quote:
Originally Posted by veni001 View Post
EB category will be set by USCIS not DOL, DOL compares skill sets against industry standard, if it is different then there is a possibility for audit and/or RFE for business necessity. Once PERM is approved form i-140 has several questions which provide basis to categorize that particular Immigrant worker petition.
Thank you! I will check with my employer if they can file I140 in EB2!!
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  #9  
Old 09-14-2010, 12:21 PM
ImmiRam ImmiRam is offline
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Originally Posted by India_USA View Post
does your job require a masters degree?
May or may not. There are people with masters and without masters. But it definately requires 5+ years of experience in a specific domain.
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