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

  1. #1

    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)


  2. #2

    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)


  3. #3 PD is Feb 2003...

  4. #4
    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.

  5. #5
    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

  6. #6
    Yep, a change in position AND employer will facilitate an EB-2 filing provided the new position requires an advanced degree.

  7. #7
    And what if advancement occured while working for the same employer?

  8. #8
    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

  9. #9
    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?

  10. #10
    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

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