EB3labor&I140 approved how to change to EB2? SouthAmerica Engineer

[peru]

Hi,

I got the Eb3 Labor cert approved and I140 also approved.
my PD is Feb 2003.
I am a Peruvian Engineer BS (not MS), 17 yeasr work experience 5 of them in USA. anyway that I can fill EB2 and apply for I485 (i485 is current for EB2 category but it is on May2001 for EB3)

thx

[peru]

Hi,

I got the Eb3 Labor cert approved and I140 also approved.
my PD is Feb 2003.
I am a Peruvian Engineer BS (not MS), 17 yeasr work experience 5 of them in USA. anyway that I can fill EB2 and apply for I485 (i485 is current for EB2 category but it is on May2001 for EB3)

thx

[LieMaster]

...my PD is Feb 2003...

ANOTHER ****STER BITES THE DUST, HEHEHEHE !!!

[Sugarpuff]

Either you found a new job that requires and advanced degree or your current employer will re-write the job description. If its the later it looks suspicious.

[Antifascist1]

Read the story of this "suspicious" guy

___________________________________________


Success Story: Overcoming Backlog Elimination Centeritis


Mr. V and Mr. E are both foreign nationals who work for the same software development company. Having resided in the U.S. for many years, they were becoming increasingly nervous about their immigration situations. Experienced Systems Architects, they were both in the 7th year of H-1B status. They were granted their extensions based upon long-pending Labor Certifications filed on their behalf by their previous employer. They, and 350,000 others, are victims of Backlog Elimination Centeritis, a severe form of anxiety.
Such anxiety is clearly warranted: on top of the years-long Labor Certification backlog, the EB-3 priority date backlog lengthens the green card queue for a few more years. And what if their Labor Certifications were denied? Goodbye Houston, hello Tehran! They were waiting indefinitely for approvals from the Backlog Elimination Center for an employer for which they no longer worked. Although this would make a great plot for "Waiting for Godot, Part II - Revenge of the Feds", it was not much of an immigration strategy.

A few months ago, the hapless duo called us wondering if there was anything we could do to improve their chances of getting green cards.

It didn't take a Rocket Scientist to figure out that their immigration salvation lay in the following four letters: PERM.

The nifty thing about filing under PERM was that their current employer could submit new applications without disrupting their long-pending Labor Certifications. This was important since it was the pendency of these golden oldie applications which enabled them to keep extending their H-1B status year after year.

Even better, the senior level of their present jobs required the many years of experience that they had acquired working for their prior employer. On top of their Bachelors degrees, the two Systems Architects now possessed at least five years of progressively more complex professional experience. Just as a beautiful butterfly emerges from an ugly cocoon, the wrinkled old EB-3s with their accompanying five-year backlog had morphed into stunning, and current, EB-2s.

We would be less than honest not to disclose that things did not move forward without a couple of glitches. Due to a computer error, the initial PERM applications were denied (Although recruitment was conducted within the 30-day window allowed under the regulations, the system failed to recognize this and issued erroneous denials).

However, the second PERM applications, which were submitted just a few days later, resulted in both cases being approved. Now, we have submitted I-140s and I-485s for both Mr. V and Mr. E and, with a little bit of luck, they will get their green cards before the end of 2006!

To read more of our Immigration Success Stories, see

http://shusterman.com/success.html

[Sugarpuff]

Yep, a change in position AND employer will facilitate an EB-2 filing provided the new position requires an advanced degree.

[Antifascist1]

And what if advancement occured while working for the same employer?

[Sugarpuff]

PERM does not allow the employer to require experience in a job description if the alien did not have that experience when they themself were hired by the employer. UNLESS it is for a completely different position but proving that can be difficult.

In other words the employer can't stack the deck in the aliens favor. Only universities are allowed to hire the "most qualified" candidate. Everyone else must prove that a "minimally qualified american" was not available.

I have seen employers push this and it makes sense they would. An interesting exception exists: The alien may claim experience gained with the employer IF the employer has since changed their name and received a new FIN

[Antifascist1]

UNLESS it is for a completely different position but proving that can be difficult.

What do you mean by "proving that can be difficult"?
What if it's a matter of FACT?

[Sugarpuff]

there are a lot of things that may be "a matter of fact" but nonetheless still must be proved.

Claiming experience one gained at company A for a position at company B is one thing. Claiming experience at company A for a new position at company A is challanging because:

1. the alien did not have the experience when they arrived at company A so it can be viewed as unfair to require this experience of a new person.

2. If company A will claim that the experience is required for a new position within the company that is unrelated to the former position, one could ask why the experience is therefore relevant.

Just my opinion thats all

[Antifascist1]

there are a lot of things that may be "a matter of fact" but nonetheless still must be proved.

Sugarpuff,
perhaps you would make a great lawn-mover, but this complex subject of immigration matters is definitely not for you

I never said that MATTER OF FACT doesn't have to be proved, but I questioned your emphasis on "proving that can be DIFFICULT".

Claiming experience one gained at company A for a position at company B is one thing. Claiming experience at company A for a new position at company A is challanging because:
1. the alien did not have the experience when they arrived at company A so it can be viewed as unfair to require this experience of a new person.

Illogical statement!
Suppose Boeing or IBM hires H-1B for certain position.
While employee works he also gains experience.
Now, X years down the road the company has vacancy at higher position that requires X years of experience.
The H-1B meets the requirement best of all.
And to keep this (now more productive, experienced) employee at a position which requires lower capacity than one now has(while at the same time having a need for such an employee at higher level) well that would be the WASTE of resources for the hiring company!
This is simple economics, my fellow , and it doesn't take a rocket scientist to prove or comprehend

2. If company A will claim that the experience is required for a new position within the company that is unrelated to the former position, one could ask why the experience is therefore relevant.

Read what I wrote above,Suspiciouspuff


Regards,

IE

[Sugarpuff]

Michael, I am sure you will be considered a good law student as you seem to empahsize semantics over common logic. Your inability to grasp the nuance of the PERM law does make me concerned about your aptitude for immigraiton. Haven't you found out yet that the law is not necessarily 'logical'??

The PERM law does not exist to make it easy for company's to hire foreign nationals. It exists (in theory) to protect american workers. Your statement indicates you do not understand this:

Illogical statement!
Suppose Boeing or IBM hires H-1B for certain position.
While employee works he also gains experience.
Now, X years down the road the company has vacancy at higher position that requires X years of experience.
The H-1B meets the requirement best of all.
And to keep this (now more productive, experienced) employee at a position which requires lower capacity than one now has(while at the same time having a need for such an employee at higher level) well that would be the WASTE of resources for the hiring company!
This is simple economics, my fellow , and it doesn't take a rocket scientist to prove or comprehend

The Department of Labor does not care if the alien "meets the requirement best of all" It does not care if the company has to retrain an American. It ONLY cares that an american who met the MINIMUM qualifications for the position was not turned away. They do this by making sure that experience available to the alien was gained BEFORE he was hired with company.

[Antifascist1]

Michael, I am sure you will be considered a good law student as you seem to empahsize semantics over common logic. Your inability to grasp the nuance of the PERM law does make me concerned about your aptitude for immigraiton. Haven't you found out yet that the law is not necessarily 'logical'??

More words and more PrOOF of you being an Absolute Champion in writing the most incredible posts on ilw board

The PERM law does not exist to make it easy for company's to hire foreign nationals. It exists (in theory) to protect american workers. Your statement indicates you do not understand this

And where did I write that PERM exists to make it easy for company to hire foreign nationals?
If I was a psychiatrist, I would have no problem diagnosing what is troubling your subconscious mind

The Department of Labor does not care if the alien "meets the requirement best of all"

The Attestation for H-1B and LC/PERM for I-140 application are TWO DIFFERENT THINGS!
And you are telling me here about me not understanding the process of PERM?
H-1B is portable and can be advanced within and outside of originally hiring company, and for Attestation all needed is the Employers ATTESTATION.

Meanwhile, PERM can be filed/applied for at any time and any number of times (in fact, due to minor glitches some applications get denied in error so it is a common practice now for law firms to resubmit PERM once or twice or as many times as required).

They do this by making sure that experience available to the alien was gained BEFORE he was hired with company.

I on purpose will not dispute this particular part with you, but please produce the PROOF - what DOL regulation states that IBM, Boeing or any other business is prohibited to advance or promote it's H-1B worker after 5 years of working for them?

And once H-1B was advanced/promoted, why not submit PERM on his/her behalf for proper EB category/I-140 application ?

[Sugarpuff]

Um, Mickey, the original post was about I-140, EB3 & EB2 not H-1B ok?

To answer your last question AGAIN, if you file a PERM application you can not require that a new applicant have more experience than the alien did when they were first hired by the company.

AGAIN, an argument can be made that there is a new position involved but this will be difficult to prove as the LAW EXISTS TO PROTECT AMERICANS NOT FACILLITATE HIRING.

[Antifascist1]

What status do you think guy holds in US for the past 5 years that he claims to be working in US (presumably as an engineer)?