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jb1985
02-20-2013, 12:45 AM
Profile: Education: BE in EE from India and M. S in EE from US univer .I have 2-3 yrs of experience before my current job. I have been working as a software engineer with my current employer for 3 years now with 65k p. a . in CA riverside . My employer is filing EB3 Green-card application so here is my questions-
1. Can I file under EB2 category?
2. I asked my attorney and they told me that the PWD for EB2 for my profile comes to $87 k which is very much higher than my current salary. This 87$k is an level 3 zone and as per my attorney only level 3 and level 4 are eligible for EB2 approval. I can still push my employer to increase my salary to level 2 which is 74 k . So applying with level 2 will be fine for applying for EB2 application? OR what about level 1 wage which $61 K is that safe ?
3. I heard that Current wage/prevailing wage check is done at I-140 stage and that too is not an issue if the company has ability to pay. So how much time it will take to reach I-140 if applied this month.
4. At all odds , what should I do in this condition , should I wait for my favorable EB2 condition or go ahead with EB3 ?

Thanks
JB

dipdowndust
02-20-2013, 02:07 AM
1. You can file under EB2 if your job requires MS+2 yrs or BE+5 yrs.
2. In my opinion you should try to get promotion to get to higher level and apply in EB2 OR Change job if you can.
3. I think prevailing wage and job requirements checks are done during Labor cert stage which is stage 1.
4. In my opinion, filing in EB3 will take really long time to get a GC. There are people waiting for 10+ yrs filed in EB3. My PD is in 2005 and at current speed of EB3 movement, I will get it in next 15 yrs. So, calculate how much time you will take :-)

Basically, you need to file in EB2 if you wish to get a GC in foreseeable time.


Profile: Education: BE in EE from India and M. S in EE from US univer .I have 2-3 yrs of experience before my current job. I have been working as a software engineer with my current employer for 3 years now with 65k p. a . in CA riverside . My employer is filing EB3 Green-card application so here is my questions-
1. Can I file under EB2 category?
2. I asked my attorney and they told me that the PWD for EB2 for my profile comes to $87 k which is very much higher than my current salary. This 87$k is an level 3 zone and as per my attorney only level 3 and level 4 are eligible for EB2 approval. I can still push my employer to increase my salary to level 2 which is 74 k . So applying with level 2 will be fine for applying for EB2 application? OR what about level 1 wage which $61 K is that safe ?
3. I heard that Current wage/prevailing wage check is done at I-140 stage and that too is not an issue if the company has ability to pay. So how much time it will take to reach I-140 if applied this month.
4. At all odds , what should I do in this condition , should I wait for my favorable EB2 condition or go ahead with EB3 ?

Thanks
JB

spicy_guy
02-20-2013, 10:26 AM
Profile: Education: BE in EE from India and M. S in EE from US univer .I have 2-3 yrs of experience before my current job. I have been working as a software engineer with my current employer for 3 years now with 65k p. a . in CA riverside . My employer is filing EB3 Green-card application so here is my questions-
1. Can I file under EB2 category?
2. I asked my attorney and they told me that the PWD for EB2 for my profile comes to $87 k which is very much higher than my current salary. This 87$k is an level 3 zone and as per my attorney only level 3 and level 4 are eligible for EB2 approval. I can still push my employer to increase my salary to level 2 which is 74 k . So applying with level 2 will be fine for applying for EB2 application? OR what about level 1 wage which $61 K is that safe ?
3. I heard that Current wage/prevailing wage check is done at I-140 stage and that too is not an issue if the company has ability to pay. So how much time it will take to reach I-140 if applied this month.
4. At all odds , what should I do in this condition , should I wait for my favorable EB2 condition or go ahead with EB3 ?

Thanks
JB

Try to get it filed in EB2. EB3 is waste of time and money at this juncture.
Join http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094662-announcement-immigration-voice-advocacy-event-march-17th-19th-2013-a.html#post3568517

This will help all of us.

vidyas_m
02-21-2013, 09:21 AM
1. Can I file under EB2 category?
2. I asked my attorney and they told me that the PWD for EB2 for my profile comes to $87 k which is very much higher than my current salary. This 87$k is an level 3 zone and as per my attorney only level 3 and level 4 are eligible for EB2 approval. I can still push my employer to increase my salary to level 2 which is 74 k . So applying with level 2 will be fine for applying for EB2 application? OR what about level 1 wage which $61 K is that safe ?
3. I heard that Current wage/prevailing wage check is done at I-140 stage and that too is not an issue if the company has ability to pay. So how much time it will take to reach I-140 if applied this month.
4. At all odds , what should I do in this condition , should I wait for my favorable EB2 condition or go ahead with EB3 ?....
JB

1. Of course, you can file in EB2 with MS. It doesn't have to be MS +2 yrs. It could be MS+ 6mo. or MS +1 year also. The wage level for the prevailing wage would be dependent on the number of years of experience you use. You have to check with your attorney what the right amount of experience to use would be.

2. I think you can get a Level 2 wage PWD with MS + 1 yr job requirement. What your employer has said about only Level 3 or Level 4 being EB2 is incorrect. I know people who filed in EB2 and got a Level 2 PWD.

3. The PWD is done before filing Labor. Not at the I-140 stage. I-140 is an immigrant petition to see whether your employer is able to support your position.

4. EB3 is in a very bad situation. You see people waiting since 2002 and seeing no light at the end. So, do your best to file in EB-2. (whether filing with same company or switching jobs).

All the best!

aadohio
02-21-2013, 09:55 AM
Dear Friend, Here are my 3 cents (adjusted for inflation :) )

First thing you do -- support IV. Without this effort and a successful result EB2, EB3 -- all is the same. You will have all grey hair (or no hair) by the time you get GC.

Second -- Ideally you want to apply in EB2, but without the first thing up there its all the same.

Third -- In reality it is up to you to analyze your situation. Is it really possible to "push" your employer for a 14% raise and get it? If you can pull this through it is still a question for your lawyer and HR if EB2 can be done.

PWD is needed at labor certification. It may be needed for I140 but IT IS NEEDED AND CHECKED in Labor application.

An option, maybe not so good, but an option -- File for EB3, get your place in line, then find another company that can file EB2 and port your date.

Good Luck !

pappu
02-21-2013, 10:05 AM
You say it's 'your lawyer'. Could you confirm it is your lawyer and not your employer's lawyer. Secondly have you consulted other lawyer for a second opinion. But all this is blind work and spending your money without understanding how things work. If I were you, I will read the rules and the process to find a solution. It's not that hard if you go after it. You will find a way out and can ask the right questions and even provide answers .

pappu
02-21-2013, 10:12 AM
Software engineer, 65k Salary in riverside CA for someone with US MS degree and 3 year experience seems too low to me. Are you sure you are getting the market rate salary? Did you check online salary survey websites or check with your friends what kind of salary range you could get in your area?

MahaBharatGC
02-21-2013, 12:21 PM
Profile: Education: BE in EE from India and M. S in EE from US univer .I have 2-3 yrs of experience before my current job. I have been working as a software engineer with my current employer for 3 years now with 65k p. a . in CA riverside . My employer is filing EB3 Green-card application so here is my questions-
1. Can I file under EB2 category?
2. I asked my attorney and they told me that the PWD for EB2 for my profile comes to $87 k which is very much higher than my current salary. This 87$k is an level 3 zone and as per my attorney only level 3 and level 4 are eligible for EB2 approval. I can still push my employer to increase my salary to level 2 which is 74 k . So applying with level 2 will be fine for applying for EB2 application? OR what about level 1 wage which $61 K is that safe ?
3. I heard that Current wage/prevailing wage check is done at I-140 stage and that too is not an issue if the company has ability to pay. So how much time it will take to reach I-140 if applied this month.
4. At all odds , what should I do in this condition , should I wait for my favorable EB2 condition or go ahead with EB3 ?

Thanks
JB

Prevailing Wage Determination is done because, they want to make sure that you been offered/paid the enough salary this is currently established in that specific skill.
I believe this is done for both non-immigrant (H1B) and immigrant (PERM labor) petitions as a measure.
EB2 is meant for advanced degree holders (no need of experience) or a US bachelors equivalent qualification with exceptional ability (5+ years exp). Now your job description should match that criteria and accordingly you should prove that how your profile is used as a best candidate instead of locally available resources. This is the process every company must follow.

Now, if your company cannot file in EB2, try to find an employer who can do that. Doing it in EB3 now is only going to get you a priority date assuming that you keep the process "alive" with that company for the duration of PERM (9 months to 1+ year) and I-140 processing. Other than that EB3 is long wait.

I suggest you better understand consequences and accordingly make the decision.