Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Labor Certification Stage > RFEs and specific queries
Click to log in with Facebook
RFEs and specific queries RFEs and specific queries during Labor certification stage.

Reply
 
Thread Tools Display Modes
  #1  
Old 11-08-2010, 11:56 AM
atlgc atlgc is offline
Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 89
atlgc is infamous around these parts atlgc is infamous around these parts
Default EB3 to EB2 question

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
__________________
Contribution: 100$
Priority Date: 06- 2003
140 approved :NSC:11-2006
485 reached on july2nd - EB3
#################
Porting with same Employer as promotion case
PERM applied : 03-2011
PERM approved :05-2011
PERM requirements:MS+7 years experience
140:approved:05-2011(new PD) - EB2
140:amended approval:06-2011(old PD)
interfile 485: 06-2011(formal letter sent)
485 RFE:07-2011(asking to send a formal request),
485 RFE response :delivered on 07-2011
GC approval :07---2011

Last edited by atlgc; 11-08-2010 at 11:56 AM. Reason: n
Bookmark and Share Compare Reply With Quote


  #2  
Old 11-08-2010, 02:32 PM
veni001 veni001 is offline
Senior Member
Priority Date
:
N/A
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Wink Yes

Quote:
Originally Posted by atlgc View Post
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?
__________________
Not a Legal advice, please check with a good immigration attorney.

Last edited by veni001; 11-08-2010 at 02:34 PM. Reason: typo
Bookmark and Share Compare Reply With Quote


  #3  
Old 11-08-2010, 05:38 PM
forgerator forgerator is offline
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
08/26/2011
Chargeability
:
Pakistan
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/26/2011
Compare
Join Date: Dec 2008
Posts: 178
forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of
Default

Quote:
Originally Posted by veni001 View Post
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.
Bookmark and Share Compare Reply With Quote


  #4  
Old 11-08-2010, 05:54 PM
veni001 veni001 is offline
Senior Member
Priority Date
:
N/A
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Red face

Quote:
Originally Posted by forgerator View Post
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.
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.
__________________
Not a Legal advice, please check with a good immigration attorney.
Bookmark and Share Compare Reply With Quote


  #5  
Old 11-08-2010, 06:14 PM
forgerator forgerator is offline
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
08/26/2011
Chargeability
:
Pakistan
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/26/2011
Compare
Join Date: Dec 2008
Posts: 178
forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of
Default

Quote:
Originally Posted by veni001 View Post
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.
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)
Bookmark and Share Compare Reply With Quote


  #6  
Old 11-09-2010, 10:32 AM
atlgc atlgc is offline
Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 89
atlgc is infamous around these parts atlgc is infamous around these parts
Default

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
__________________
Contribution: 100$
Priority Date: 06- 2003
140 approved :NSC:11-2006
485 reached on july2nd - EB3
#################
Porting with same Employer as promotion case
PERM applied : 03-2011
PERM approved :05-2011
PERM requirements:MS+7 years experience
140:approved:05-2011(new PD) - EB2
140:amended approval:06-2011(old PD)
interfile 485: 06-2011(formal letter sent)
485 RFE:07-2011(asking to send a formal request),
485 RFE response :delivered on 07-2011
GC approval :07---2011
Bookmark and Share Compare Reply With Quote


  #7  
Old 11-09-2010, 11:16 AM
Sachin_Stock Sachin_Stock is offline
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
Compare
Join Date: Mar 2006
Posts: 124
Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold
Default

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.
Bookmark and Share Compare Reply With Quote


  #8  
Old 11-09-2010, 06:47 PM
laststraw laststraw is offline
Junior Member
Priority Date
:
Aug-10
Category
:
EB2
I140 Mailed Date
:
10/27/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jan 2006
Posts: 17
laststraw will become famous soon enough laststraw will become famous soon enough
Default Depends on the job role

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.
Bookmark and Share Compare Reply With Quote


  #9  
Old 11-11-2010, 01:35 AM
forgerator forgerator is offline
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
08/26/2011
Chargeability
:
Pakistan
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/26/2011
Compare
Join Date: Dec 2008
Posts: 178
forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of
Default

Quote:
Originally Posted by forgerator View Post
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!
Bookmark and Share Compare Reply With Quote


  #10  
Old 11-11-2010, 11:48 AM
Project_A Project_A is offline
Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 51
Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute
Default

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 doesn’t matter because of the MS requirement?

Thank you
Project_A
Bookmark and Share Compare Reply With Quote


  #11  
Old 11-11-2010, 12:49 PM
forgerator forgerator is offline
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
08/26/2011
Chargeability
:
Pakistan
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/26/2011
Compare
Join Date: Dec 2008
Posts: 178
forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of forgerator has much to be proud of
Default

Quote:
Originally Posted by Project_A View Post
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 doesn’t 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).
Bookmark and Share Compare Reply With Quote


  #12  
Old 11-11-2010, 01:35 PM
WAIT_FOR_EVER_GC WAIT_FOR_EVER_GC is offline
Donor
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
03/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Dec 2007
Posts: 394
WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute WAIT_FOR_EVER_GC has a reputation beyond repute
Default Ask questions in the free attorney call

Why don't you ask this in the free attorney call

Quote:
Originally Posted by atlgc View Post
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
__________________
GREEN GREEN GREEN
Help Yourself by Helping IV
Thanks IV
GREENED ON 8/03/10
WAIT_FOR_EVER's - WAIT_IS_OVER
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
AR-11 Question Cheran Out of status, employment gap and status revalidation 4 10-06-2008 04:11 PM
EAD and I-485 question Question (Family based I-485) Mvurume Self-filing, documents, forms, directions, mailing. 0 03-05-2008 07:06 PM
Question on EAD/H4 ajaykk All other Green Card Issues 3 11-08-2007 02:43 PM
EAD question pd_recapturing All other Green Card Issues 14 06-16-2007 07:26 PM



All times are GMT -4. The time now is 06:32 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org