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michael_trs
05-12-2010, 03:51 PM
Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance….
Review and repair legacy code….
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY


I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters’s degree + 12 months of experience may exceed SVP.

Thank you,

michael_trs
05-13-2010, 11:06 AM
Here are my concerns:

1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don’t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.

2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don’t really need it because I have Master’s. But I don’t want DOL to decide that requirements are too high or restrictive.

What do you think?
Thank you,

thomachan72
05-13-2010, 11:43 AM
Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.

michael_trs
05-13-2010, 12:56 PM
I have my company’s lawyer that I have to use but he is not experienced with this. My company wouldn’t be happy if I suggest switching to another lawyer so I need to control this myself.


Actually what I realized out of my experience with GC processing – it’s better to be involved into this process as much as possible.

frostrated
05-13-2010, 01:00 PM
why are you worried about your labor when your status shows that you have filed your 140?

michael_trs
05-13-2010, 01:11 PM
it was rejected because my labor expired - this is what my lawyer said.

smisachu
05-13-2010, 04:13 PM
From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.

michael_trs
05-13-2010, 04:35 PM
Smisachu, I agree, I need to add alternative education… thank you for your advice.

What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

What is your experience?

smisachu
05-13-2010, 04:51 PM
[QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education… thank you for your advice.

What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

What is your experience?[/QUOTE

Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.

For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.

veni001
05-13-2010, 05:04 PM
I have my company’s lawyer that I have to use but he is not experienced with this. My company wouldn’t be happy if I suggest switching to another lawyer so I need to control this myself.


Actually what I realized out of my experience with GC processing – it’s better to be involved into this process as much as possible.

As per DOL employee should not be involved with this process period.:(

michael_trs
05-14-2010, 05:48 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

Now the question is does it automatically lead to audit?

joydiptac
05-14-2010, 06:02 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

Now the question is does it automatically lead to audit?

In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW

roseball
05-14-2010, 06:20 PM
Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance….
Review and repair legacy code….
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY


I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters’s degree + 12 months of experience may exceed SVP.

Thank you,

What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.

michael_trs
05-14-2010, 11:55 PM
roseball,
Ok...ok...I am working as an attorney partime... for myself...kidding.

joydiptac,
"may not make the cut easily" - what do you mean?