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indyanguy
01-28-2011, 10:10 AM
Here's a brief background:

1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2

Can someone please help me with which approach will have the highest probability of success with PERM?

1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?

2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.

3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)

Any help is really really appreciated.

rockstart
01-28-2011, 12:28 PM
I think first thing is the job in your company needs to have a position that qualifies for EB2. Software Analyst, Sr Programmer Analyst, Sr. Designer can all qualify for EB2 what you could do is look up the SOC codes associated with EB2 and see what job titles go with those codes. Everything can start only if your employer has a need for EB2 position in his/ her organization.

GCVivek
01-28-2011, 06:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

stillhowlong
01-28-2011, 08:19 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

where can we get the SOC codes?

Thanks
SHL

indyanguy
01-29-2011, 08:53 AM
Yes, the employer does have several EB2 positions. I am not sure which one to apply for given my EB3 with the same employer and other factors mentioned earlier

Any answers on my individual questions are really appreciated. Thanks in advance.

indyanguy
01-30-2011, 08:59 AM
Bumping for help . Thanks

amitkhare77
01-30-2011, 11:00 AM
please see my response
Here's a brief background:

1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2

Can someone please help me with which approach will have the highest probability of success with PERM?

1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.


I hope this helps
Any help is really really appreciated.

floridasun
01-30-2011, 12:55 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?

indyanguy
01-30-2011, 02:03 PM
My EB2 labor was filled (different company) as Software Engineer (Level III)
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software

Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?

indyanguy
02-01-2011, 08:32 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?

Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.

indyanguy
02-02-2011, 10:03 PM
Bumping for help..

HRPRO
02-03-2011, 02:28 PM
In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.

Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.

More importantly ensure you can get the experience letters to back the experience listed in the JD

HRPRO
02-03-2011, 02:44 PM
where can we get the SOC codes?

Thanks
SHL

On the BLS website