EB3 to EB2 porting

[ramafico]

Hi all, pls advice me on the below situation
As per my analysis, I will be fall under below category

O*net Job Zone: 4
Wage level: II ($79,144/per annum)
Educational Qualifications: Bachelor’s degree
Work experience: 8 years
SVP: 8

Whereas my experience as below

Bachelor’s Degree (Indian Master’s Degree 10+2+3+2)

Work Experience : 7.5 Yrs
Salary : 90000(pa)
My company’s requirements for my position : Bachelor’s Degree with 3-5 year’s experience

Position Title : / SAP FICO Configuration Specialist

My attorney told that there is a risk of trigerring an audit if we file under EB2 category ,so he advised me to apply for EB3 and get labour certification and I-140 approved and immediate right after apply for EB2 and get the priority date of EB3.

Could someone comment and throw light on below topic
Handling the risk of EB2 audit vs. handling the risk of audit for porting EB3 to EB2 with the same employer?
Thanks in advance

[belmontboy]

Originally Posted by ramafico

Hi all, pls advice me on the below situation
As per my analysis, I will be fall under below category

O*net Job Zone: 4
Wage level: II ($79,144/per annum)
Educational Qualifications: Bachelor’s degree
Work experience: 8 years
SVP: 8

Whereas my experience as below

Bachelor’s Degree (Indian Master’s Degree 10+2+3+2)

Work Experience : 7.5 Yrs
Salary : 90000(pa)
My company’s requirements for my position : Bachelor’s Degree with 3-5 year’s experience

Position Title : / SAP FICO Configuration Specialist

My attorney told that there is a risk of trigerring an audit if we file under EB2 category ,so he advised me to apply for EB3 and get labour certification and I-140 approved and immediate right after apply for EB2 and get the priority date of EB3.

Could someone comment and throw light on below topic
Handling the risk of EB2 audit vs. handling the risk of audit for porting EB3 to EB2 with the same employer?
Thanks in advance

your lawyer is messing with you.

Both the options require you to get EB2- I140 approval. If your qualifications enable you to sail through EB2- I140, why apply for EB3 in the first place?

[vidyas_m]

Hi ramafico,

As far as I have heard from attorneys, filing for EB-2 under Bachelors + 5 years exp will require a Level IV wage. If your future salary satisifies the Level IV wage for your geographical area for your job (check at Welcome to the iCERT Portal), I don't see why you can't file under EB-2 category now with Bachelors + 5.

Good luck to you!

Originally Posted by ramafico

Hi all, pls advice me on the below situation
As per my analysis, I will be fall under below category

O*net Job Zone: 4
Wage level: II ($79,144/per annum)
Educational Qualifications: Bachelor’s degree
Work experience: 8 years
SVP: 8

Whereas my experience as below

Bachelor’s Degree (Indian Master’s Degree 10+2+3+2)

Work Experience : 7.5 Yrs
Salary : 90000(pa)
My company’s requirements for my position : Bachelor’s Degree with 3-5 year’s experience

Position Title : / SAP FICO Configuration Specialist

My attorney told that there is a risk of trigerring an audit if we file under EB2 category ,so he advised me to apply for EB3 and get labour certification and I-140 approved and immediate right after apply for EB2 and get the priority date of EB3.

Could someone comment and throw light on below topic
Handling the risk of EB2 audit vs. handling the risk of audit for porting EB3 to EB2 with the same employer?
Thanks in advance

[cleopatra]

Originally Posted by vidyas_m

Hi ramafico,

As far as I have heard from attorneys, filing for EB-2 under Bachelors + 5 years exp will require a Level IV wage. If your future salary satisifies the Level IV wage for your geographical area for your job (check at Welcome to the iCERT Portal), I don't see why you can't file under EB-2 category now with Bachelors + 5.

Good luck to you!

The wage level has nothing to do with the category. If you are planning to file as MS + 0 to 2 yrs/BS+5, the wage level will be level 2. Similarly if you file with MS +3/BS+5, it will be level 3 and so on.

The level is determined by the jobzone minimum educational qualifications and the experience requirements.

The reason why some say it may be level 4 is because if there is no primary MS requirement for the job, but only BS +5, it will be SVP 8. In this case the level will be 4. But there is no guarantee that it will be put under EB2 though as there is no MS requirement for the job.

To OP

The wage level and category are 2 different things. The category is determined by job requirements and not your experience. The requirement for EB2 is minimum of MS or equivalent. Usually this means MS + 0 to 3 yrs experience or at least BS + 5 years progressive experience.

Also the category is determined during I-140 stage and not during PERM.


You mentioned that your company's requirement for the position is Bachelor’s Degree with 3-5 year’s experience. This is in effect BS + 3. If the job zone is 4, then the wage level will be 2. But this is a EB3 position and not Eb2 position. There is no way for you to apply for EB2 for that position.

[krishmunn]

ramafico, your chances of EB2 are slim. For EB2, you have two options -- Bachelors + 5 years experience OR Masters .

If you go for Bachelors + 5, you need a single source 4 year Bachelors which you do not have.

If you go for Masters, you need 18 years of education whcih you do not have. It is tough.

There was a AILA - NSC Liason note available which clarifies all these. I will see if I can dig it out

[cbpds]

OR sign this petition

http://www..com/4771/retain-high-skilled-legal-

Originally Posted by krishmunn

ramafico, your chances of EB2 are slim. For EB2, you have two options -- Bachelors + 5 years experience OR Masters .

If you go for Bachelors + 5, you need a single source 4 year Bachelors which you do not have.

If you go for Masters, you need 18 years of education whcih you do not have. It is tough.

There was a AILA - NSC Liason note available which clarifies all these. I will see if I can dig it out

[seshadsr]

If you go for Bachelors + 5, you need a single source 4 year Bachelors which you do not have.


This is wrong.
T
Bachelor’s Degree (Indian Master’s Degree 10+2+3+2) is equal to US Bachelor degree the only exception to this is MCA which is treated as Masters.

If I am not wrong you have 7+years of work experience after completing the Indian Master's Degree, in that case you are very much eligible.

[ramafico]

Originally Posted by cleopatra

The wage level has nothing to do with the category. If you are planning to file as MS + 0 to 2 yrs/BS+5, the wage level will be level 2. Similarly if you file with MS +3/BS+5, it will be level 3 and so on.

The level is determined by the jobzone minimum educational qualifications and the experience requirements.

The reason why some say it may be level 4 is because if there is no primary MS requirement for the job, but only BS +5, it will be SVP 8. In this case the level will be 4. But there is no guarantee that it will be put under EB2 though as there is no MS requirement for the job.

To OP

The wage level and category are 2 different things. The category is determined by job requirements and not your experience. The requirement for EB2 is minimum of MS or equivalent. Usually this means MS + 0 to 3 yrs experience or at least BS + 5 years progressive experience.

Also the category is determined during I-140 stage and not during PERM.


You mentioned that your company's requirement for the position is Bachelor’s Degree with 3-5 year’s experience. This is in effect BS + 3. If the job zone is 4, then the wage level will be 2. But this is a EB3 position and not Eb2 position. There is no way for you to apply for EB2 for that position.

Dear All,

Thanks for all your helpful responces.
So, if my companys Job requiremnts is MS with 2 yrs exp then I would have been elgible for EB2. Am I right ? Please correct me.

Thanks

[GCHope2011]

Originally Posted by ramafico

Dear All,

Thanks for all your helpful responces.
So, if my companys Job requiremnts is MS with 2 yrs exp then I would have been elgible for EB2. Am I right ? Please correct me.

Thanks

Yes. It is "job's requirement" of master's degree or progressive experience that matters in the determination. Not "applicant's qualification" or experience.

[chmur]

Do any of you know the timeline for prevailaing wage determination these days . Attorney filed in July and said it takes 45-60 days, now saying it takes 3+ months.

Thx

[ramafico]

Originally Posted by cleopatra

The wage level has nothing to do with the category. If you are planning to file as MS + 0 to 2 yrs/BS+5, the wage level will be level 2. Similarly if you file with MS +3/BS+5, it will be level 3 and so on.

The level is determined by the jobzone minimum educational qualifications and the experience requirements.

The reason why some say it may be level 4 is because if there is no primary MS requirement for the job, but only BS +5, it will be SVP 8. In this case the level will be 4. But there is no guarantee that it will be put under EB2 though as there is no MS requirement for the job.

To OP

The wage level and category are 2 different things. The category is determined by job requirements and not your experience. The requirement for EB2 is minimum of MS or equivalent. Usually this means MS + 0 to 3 yrs experience or at least BS + 5 years progressive experience.

Also the category is determined during I-140 stage and not during PERM.


You mentioned that your company's requirement for the position is Bachelor’s Degree with 3-5 year’s experience. This is in effect BS + 3. If the job zone is 4, then the wage level will be 2. But this is a EB3 position and not Eb2 position. There is no way for you to apply for EB2 for that position.

So with my qualifications and experience mentioned, will an additional MBA degree from USA puts me into EB2?

[cleopatra]

Originally Posted by ramafico

So with my qualifications and experience mentioned, will an additional MBA degree from USA puts me into EB2?

Once again. The category is based on job requirements, not your qualifications. If the job requirements satisfy the EB2 category, then it will be classified as EB2. Whether you qualify depends on whether you satisfy the job requirements.

As for you doing an MBA and qualifying for EB2, pls. check with an attorney. From what i read, USCIS changed the interpretation for 3 year degrees. The only way to get EB2 for 3 year bachelor degree is by completing 10 years in the field and applying under exceptional ability of Eb2.

This is based on my understanding. But I am not a lawyer, so I would advice you to consult one.

[chmur]

Originally Posted by chmur

Do any of you know the timeline for prevailaing wage determination these days . Attorney filed in July and said it takes 45-60 days, now saying it takes 3+ months.

Thx

update : From Murthy's site : PWD filed in Mid June are trickling in now.

is IV no more the place to go for latest and greatest on immigration issues. :-)