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GCJourney
08-16-2009, 01:08 PM
Hello,

I am new to this forum and heard of this from a colleague at work who is a member.

I am on 4th year H1B with a MS from a US univ and work with in a permanent position with a big software company. My GC process has been approved by my company and the lawyers sent me the email askign for required documents and information.

My job required Master plus 3 years exp which I thought falls under EB2 category. However the law firm is not filing my PERM under EB2 citing reasons like it is very difficult to get it through. Is this a real situation with current PERM applications?

Has anyone on this forum or their friends had similar experiences in filing PERM? It is quite disheartening given that the job does classify under EB2 but due to USCIS stringent rules to curb EB2 applications, I lose out.

Please share your experiences and thoughts.

belmontboy
08-16-2009, 01:12 PM
Hello,

I am new to this forum and heard of this from a colleague at work who is a member.

I am on 4th year H1B with a MS from a US univ and work with in a permanent position with a big software company. My GC process has been approved by my company and the lawyers sent me the email askign for required documents and information.

My job required Master plus 3 years exp which I thought falls under EB2 category. However the law firm is not filing my PERM under EB2 citing reasons like it is very difficult to get it through. Is this a real situation with current PERM applications?

Has anyone on this forum or their friends had similar experiences in filing PERM? It is quite disheartening given that the job does classify under EB2 but due to USCIS stringent rules to curb EB2 applications, I lose out.

Please share your experiences and thoughts.

That is same load of crap people get from employers.

if a job qualifies for EB2, and you meet the requirements, there should be no problem.

If possible, talk to ur manager. Otherwise, change ur jobs - you need an employer who takes care of u, not "takes advantage" of u.

akred
08-16-2009, 02:56 PM
There seem to be a lot of cases of this type where the employer forces people into a lower preference category. Should this be classified as another form of H1B abuse?

kumar1
08-16-2009, 04:51 PM
Full of BS. I am a victim of that. Fire back and tell the Law firm that you are willing to take your chances! This country runs on fear.

go_guy123
08-16-2009, 05:48 PM
Hello,

I am new to this forum and heard of this from a colleague at work who is a member.

I am on 4th year H1B with a MS from a US univ and work with in a permanent position with a big software company. My GC process has been approved by my company and the lawyers sent me the email askign for required documents and information.

My job required Master plus 3 years exp which I thought falls under EB2 category. However the law firm is not filing my PERM under EB2 citing reasons like it is very difficult to get it through. Is this a real situation with current PERM applications?

Has anyone on this forum or their friends had similar experiences in filing PERM? It is quite disheartening given that the job does classify under EB2 but due to USCIS stringent rules to curb EB2 applications, I lose out.

Please share your experiences and thoughts.


If your and your spouse both India born. Applying to EB3 is close to not applying. People
in this forum never imagined that backlog will be so much.

Knowingly don't jump into the well called EB3-I. Its a trap honestly speaking. Dont
ruin your life knowingly. I wasted so many years of my life (1999 onwards) chasing mirage. Thank god i got my senses in 2006/2007 and quit the GC chase. However in recent time EB2 is becoming harder to prove and DOL is giving EB2 applications a hard time. Therefore
many employers now are only going for EB3. Technically EB2/3 GC is a employer driven application process.

Tell EB2 or no application. You have nothing to loose. My thoughts...others might comment on my thought.

snathan
08-16-2009, 06:19 PM
Hello,

I am new to this forum and heard of this from a colleague at work who is a member.

I am on 4th year H1B with a MS from a US univ and work with in a permanent position with a big software company. My GC process has been approved by my company and the lawyers sent me the email askign for required documents and information.

My job required Master plus 3 years exp which I thought falls under EB2 category. However the law firm is not filing my PERM under EB2 citing reasons like it is very difficult to get it through. Is this a real situation with current PERM applications?

Has anyone on this forum or their friends had similar experiences in filing PERM? It is quite disheartening given that the job does classify under EB2 but due to USCIS stringent rules to curb EB2 applications, I lose out.

Please share your experiences and thoughts.

Yes...the law firm is correct. If you go for EB2 it might trigger a RFE. But when you have all the papers in place what are you worrying for...? Moreover there is no gurantee that EB3 will not trigger RFE...? What would you do if you are getting RFE in EB3 also...

Just tell them you want to go only for EB2 and do not let them decide.

txh1b
08-16-2009, 06:22 PM
Not too soon to judge the law firm. The lawyers are possibly doing the right thing. If your job requires a MS + 3 years exp, did you join when you had a MS+3 years experience in the position is what determines it. If you gained the experience as a part of the job, it cannot be counted for the labor process.

If the GC position is at least 50% different than your current position, the experience gained can be used. There is more fine print than just saying this is all BS or a strategy employed by employers to screw people though there is a percentage of truth to that claim.

Frequently heard from employees, “My job requires special skills and that means we can file a labor cert.” The requirement of special skills alone does not mean that a labor cert can be filed or that it will be approved. Remember, getting a labor cert approved ultimately depends on whether there are U.S. workers available.

If a position requires certain special skills, there may be fewer U.S. workers available, which is advantageous for approval. Keep in mind, however, that the employer cannot include any skills gained at the petitioning employer as a minimum requirement. The foreign national must be able to document that all skills required for the position were obtained prior to working for the petitioning employer and prior to the date the labor cert was filed.

Additionally, any labor cert that contains a long list of special skills required will be seen by DOL as “tailored” to the foreign national in an effort to exclude U.S. workers. Tailoring is grounds for denial of the labor certification application. If DOL sees the list of requirements as too restrictive, it may lead to an audit or to denial of the application. In addition, special requirements will often increase the prevailing wage determination for the application.

GCJourney
08-16-2009, 09:17 PM
I understand that Eb3 wait will be long and I will push hard for getting to Eb2 category but as many of you have pointed out, it is still employer driven.

My manager is supportive of my views regarding this and is trying to work with HR and the law firm to apply for Eb2 and have all the necessary documentation available but it is still up in the air.

I understand from the lawyer's emails that the reason this has become harder is due to most IT jobs now being classified under a lower job zone that are not part of Eb2 job roles list. His views are also based on a large number of audits of PERM EB2 apps of other employees in our company in the last 1-2 years. He contends that many are still awaiting PERM approval (or denial) and any new Eb2 PERM is under the same danger.

I will keep pushing but I appreciate the feedback from the forum.

acecupid
08-17-2009, 12:55 AM
I understand that Eb3 wait will be long and I will push hard for getting to Eb2 category but as many of you have pointed out, it is still employer driven.

My manager is supportive of my views regarding this and is trying to work with HR and the law firm to apply for Eb2 and have all the necessary documentation available but it is still up in the air.

I understand from the lawyer's emails that the reason this has become harder is due to most IT jobs now being classified under a lower job zone that are not part of Eb2 job roles list. His views are also based on a large number of audits of PERM EB2 apps of other employees in our company in the last 1-2 years. He contends that many are still awaiting PERM approval (or denial) and any new Eb2 PERM is under the same danger.

I will keep pushing but I appreciate the feedback from the forum.

Applying EB3 for someone of indian origin is as good as not applying like someone else mentioned. You are better off taking a chance with EB2 even if there are audits and initial delays. In the long run you will be in a much better position if you can get into EB2.

Kodi
08-17-2009, 12:49 PM
My lawyer mentioned the same thing, EB2 in becoming extrmly difficult and said dol is audit every EB2 case. They audited mine too and although it approved finally it took 9 months. Having said that it was smooth sailing afterwards and I actually received my GC in 6 months under EB2 ROW so it might be worth taking the risk.

smuggymba
08-17-2009, 12:54 PM
my comp is appying for EB2 - 4 yrs engg degree from india and 5 years of exp before joining my current company. I pray to God everyday. God bless us all.

gcobsessed
08-17-2009, 03:12 PM
Even if you file for EB-3, you are better off locking a priority date which you could later use to convert to EB-2. In the absence of alternatives, it might be better to go with any filing rather than waiting and holding out for EB-2.

sreeni.k
08-17-2009, 04:08 PM
This is crazy everybody and anybody is applying in EB2-I and pushing other qualified persons down. They should put PhD or 100k+ as criterion and USCIS audit the fake resumes. This is ridiculus 5 plus experienc of what? servicing computers or copy paste coding count as high tech exp?

kittu1991
08-17-2009, 04:09 PM
If you can convince your attorney go for EB2 even if you get good number of RFE. If your paper works are clear you should be able to fight out those RFEs. Getting your EB2 labour may take couple more years with all the RFEs. But EB2/EB3 wait difference is much bigger than that irrespective of country of origin.:(

kittu1991
08-17-2009, 04:10 PM
This is crazy everybody and anybody is applying in EB2-I and pushing other qualified persons down. They should put PhD or 100k+ as criterion and USCIS audit the fake resumes. This is ridiculus 5 plus experienc of what? servicing computers or copy paste coding count as high tech exp?

What was your qualification among the 2 options listed to qualify you as EB2.:o

sreeni.k
08-17-2009, 04:15 PM
Bachelors - Chemical IIT Kgp, PhD Microelectronics, Job Principle engineer Dielectrics- CPU Production, Intel Corp, Pay 150K+ filed as EB2 as my stupid lawyer thinks so despite the publications. I know everybody aspires to get a green card but i checked EB2 qualifications and many people I noticed doesnt have anything. I do not want to boost my quals but I feel its unfair.

txh1b
08-17-2009, 04:31 PM
This is crazy everybody and anybody is applying in EB2-I and pushing other qualified persons down. They should put PhD or 100k+ as criterion and USCIS audit the fake resumes. This is ridiculus 5 plus experienc of what? servicing computers or copy paste coding count as high tech exp?

Get over the feeling of self entitlement. There would be 100k people or more that are better qualified that you are for EB2 and are stuck with EB3. What you have does not matter. With a PhD, if you work as a code monkey, the job still does not qualify for a EB2.

Another person will be of the opinion that it should go by when one first entered US. Not everyone can be satisfied not is it possible to even imagine that.

smuggymba
08-17-2009, 04:55 PM
4 yrs bachelor from non-IIT college, Sr. Con in Big 4, 120K+, 5 yrs functional ERP implementation experience. So, you're saying I don't qualify for EB2.

Don't vent out your frustration on this board if you coudn't get EB1. Consider yourself lucky that you didn't get into EB3. Have fun.


Bachelors - Chemical IIT Kgp, PhD Microelectronics, Job Principle engineer Dielectrics- CPU Production, Intel Corp, Pay 150K+ filed as EB2 as my stupid lawyer thinks so despite the publications. I know everybody aspires to get a green card but i checked EB2 qualifications and many people I noticed doesnt have anything. I do not want to boost my quals but I feel its unfair.

kaarmaa
08-17-2009, 05:05 PM
Bachelors - Chemical IIT Kgp, PhD Microelectronics, Job Principle engineer Dielectrics- CPU Production, Intel Corp, Pay 150K+ filed as EB2 as my stupid lawyer thinks so despite the publications. I know everybody aspires to get a green card but i checked EB2 qualifications and many people I noticed doesnt have anything. I do not want to boost my quals but I feel its unfair.

Find another employer or convince your lawyer -should be easy for you with your qual. Not a got time to post this here :p

There are lot of over qualified people in EB2/EB3 with similar stories...

sreeni.k
08-17-2009, 05:19 PM
When somebody doesnt have any factual grounds to stand on -they will reply with empty rhetoric.

I known few guys in my circle who are software engineers- Probably half of them doesnt have any proper experiance and/or fake resume's. Mostly working with desi consultant companies. However each one of them applied in that july fiasco with EB2. If thats a proper statistical sample 40-50% of EB2 filers are somebody with improper credentials. One guy even have the gall to purchase labor sub. This may seem i am anti-software guys or something. Thats not true- i know few who are genuinely deserved candidate, brilliant stuff they do with microsoft/google -great resume's.
There is some standard for EB2- but as usual desis found a way to beat the system. 2 Years working in internet cafe = 2 years system admin with an MNC. All USCIS have to do is audit the resume's properly and u will see line thinning out very fast. I dont fault their aspiration for a better life -its admirable actually. But when they knowingly keep escalating the stakes like this I wonder whats the point.
I also noticed on IV -for similar arguments lot of people gang up and shut the poor guy out.

sreeni.k
08-17-2009, 05:22 PM
OK, I see u r point too- it doesnt matter how much I cry foul its not taking me anywhere but just waste of time.

txh1b
08-17-2009, 05:32 PM
All USCIS have to do is audit the resume's properly and u will see line thinning out very fast.

I am all for it and also a test of English as a spoken language and may be, written too!

kommisetty
08-17-2009, 05:34 PM
What was your qualification among the 2 options listed to qualify you as EB2.:o

sreeni.k don't think you are the only one quilified under EB2 :p

smuggymba
08-17-2009, 05:52 PM
sreeni.k don't think you are the only one quilified under EB2 :p

He claims EB1. He's a Phd working with Intel @ 150K.

txh1b
08-17-2009, 05:56 PM
Whatever! Some lunatic goes around handing me reds here since this morning.

smuggymba
08-17-2009, 05:58 PM
Whatever! Some lunatic goes around handing me reds here since this morning.

some greeeeen for u my friend. Just gave u some greeeeeeeen.

smuggymba
08-17-2009, 05:59 PM
I don't like this concept of red and green. What happens if I'm green or red. Nothing. Admins should throw this feature out. People know who is worthless spammer and a worthwile member.

sreeni.k
08-17-2009, 06:04 PM
All for bogus applications = greens
All for auditing qualifications = red
This is old news in IV.
Boo calls for anybody who even mentions fake resume'.

praveenuppaluri
08-17-2009, 06:33 PM
GCJourney

I am in a similar boat. my job posting is out for EB2 and waiting for the responses.. I am in my fifth year and if they don't file GC in another 6 weeks, I have to go out of country after completing 6th yr (or wait for some CIR or miracle to extended my stay). now, you are in your 4th year and you have some time to change employer now. for 5th year people, any GC filed means continuous stay in US. for your case, EB2 is good if you can but loosing an opportunity to file for GC has higher risks (as I found out by waiting to qualify for EB2).

Sreeni, I am not Ph.D and don't make 100K but working as mechanical engg for 6 years in MNC with MS in mech engg.. do i qualify to be in EB2 :p .. hey man, i understand your concern with 'fakes' but no use venting on a forum. raising the bar that suits you is not fair either.

txh1b
08-17-2009, 06:34 PM
Whoever said "Comments on this Post do you think we are illegals? " for the red...

Are you saying all legals have even the acceptable skills that I am referring to? I work with a ton of people that can't even hold a candle to illegals. Stop thinking you are on top of the world being "legal" in this country. That alone doesn't suffice. Some tolerance towards immigrants (legal/illegal) in general woudn't hurt.

kommisetty
08-17-2009, 06:41 PM
Agree.

Srini.k, You can’t change the qualifications for EB2, just for your own benefit . If you think your that qualified go and apply in EB1 .

kommisetty
08-17-2009, 06:44 PM
GCJourney

I am in a similar boat. my job posting is out for EB2 and waiting for the responses.. I am in my fifth year and if they don't file GC in another 6 weeks, I have to go out of country after completing 6th yr (or wait for some CIR or miracle to extended my stay). now, you are in your 4th year and you have some time to change employer now. for 5th year people, any GC filed means continuous stay in US. for your case, EB2 is good if you can but loosing an opportunity to file for GC has higher risks (as I found out by waiting to qualify for EB2).

Sreeni, I am not Ph.D and don't make 100K but working as mechanical engg for 6 years in MNC with MS in mech engg.. do i qualify to be in EB2 :p .. hey man, i understand your concern with 'fakes' but no use venting on a forum. raising the bar that suits you is not fair either.

Agree.

Srini.k, don't change the qualifications for EB2, just for your own benefit . If you think your that qualified go and apply in EB1.

sreeni.k
08-17-2009, 06:45 PM
praveen I agree with you - didnt mean to hurt anybody and I agree there are lot of people who genuinely qualify (with much higher standards) for the category and need not be of same standard as somebody else; Its not even up to me or anybody else. As you said i am venting some frustration. I have some specific plans and without a green card i cannot execute them.
But I am not backing down on the "fake" guys though; They shouldnt be allowed to slide things over. It will do good for everybody in the system including EB3 if the bogus applications are culled. Infact I think you might not need that recapture stuff etc. Extra EB2 will roll over to EB3. Otherwise this comedy will keep going on and on frustrating everybody.

go_guy123
08-17-2009, 07:33 PM
Bachelors - Chemical IIT Kgp, PhD Microelectronics, Job Principle engineer Dielectrics- CPU Production, Intel Corp, Pay 150K+ filed as EB2 as my stupid lawyer thinks so despite the publications. I know everybody aspires to get a green card but i checked EB2 qualifications and many people I noticed doesnt have anything. I do not want to boost my quals but I feel its unfair.

For EB1 you dont need company sponsorship or Labor certfication. You can try on your own as well. You can start another aplication under EB1, if USCIS rejects, you can appeal.
If you read article by lawyers, a lot of cases are won on appeal. If your income is 150K+, I think its worth throwing (or investing) some money on lawyers especially since you are in India cateory and even EB2 is very very bad (EB3-I is useless)

If you had been ROW, then EB2 would not have mattered that much.

pointlesswait
08-17-2009, 09:27 PM
most probably run by some crooks...

simple logic.. they dont want to do the extra leg work that will be required for an EB2 filing. Lazy buggers.. just want to rake in the moolah..
Also, the chances of an Audit for EB3 is extremely low.. if an audit on EB2 is initiated.. all their skeletons will come tumbling out..

My experence...most attorneys want to keep any possible contact with USCIS to the minimum...so play it safe.. even at the expense of "immigrants"

SO they figure, why waste time with EB2 when the same shit can be done in Eb3..

Attorneys will screw u ..so stick to ur gun and if the job qualifies for EB2, make sure u file for EB2..tell ur firm.. that the attorney is screwing around..and i want to use my own attorney..




Hello,

I am new to this forum and heard of this from a colleague at work who is a member.

I am on 4th year H1B with a MS from a US univ and work with in a permanent position with a big software company. My GC process has been approved by my company and the lawyers sent me the email askign for required documents and information.

My job required Master plus 3 years exp which I thought falls under EB2 category. However the law firm is not filing my PERM under EB2 citing reasons like it is very difficult to get it through. Is this a real situation with current PERM applications?

Has anyone on this forum or their friends had similar experiences in filing PERM? It is quite disheartening given that the job does classify under EB2 but due to USCIS stringent rules to curb EB2 applications, I lose out.

Please share your experiences and thoughts.

immigrationmatters30
08-17-2009, 09:42 PM
Not defending fake resumes or anything but as a matter of fact Intel did lay off in IT. So given that you would not even qualify to start GC process,Eb2 or EB3. Every one has a story buddy.Anyways, Just my opinion. I really dont want to fight. Please dont give me reasons how you qualify even thought your department has lay offs.I know.

When somebody doesnt have any factual grounds to stand on -they will reply with empty rhetoric.

I known few guys in my circle who are software engineers- Probably half of them doesnt have any proper experiance and/or fake resume's. Mostly working with desi consultant companies. However each one of them applied in that july fiasco with EB2. If thats a proper statistical sample 40-50% of EB2 filers are somebody with improper credentials. One guy even have the gall to purchase labor sub. This may seem i am anti-software guys or something. Thats not true- i know few who are genuinely deserved candidate, brilliant stuff they do with microsoft/google -great resume's.
There is some standard for EB2- but as usual desis found a way to beat the system. 2 Years working in internet cafe = 2 years system admin with an MNC. All USCIS have to do is audit the resume's properly and u will see line thinning out very fast. I dont fault their aspiration for a better life -its admirable actually. But when they knowingly keep escalating the stakes like this I wonder whats the point.
I also noticed on IV -for similar arguments lot of people gang up and shut the poor guy out.

GCJourney
08-17-2009, 09:55 PM
guys, please don't turn this thread into an argument or worse an ugly demonstration of disunity among EB immigrants.

sreeni...I agree with you in principle about folks with fake resumes but in my humble opinion that is not the point of discussion here.

kittu, praveen ,txh1b and gcpossessed...thank you for your advise and I am thinking in the same lines...I will insist that per the job qualification, my PERM be filed under EB2 and the law firm focus on handling the RFE/audit when they come in.

all the best to the others who are in the process of filing their EB2 apps.

sreeni.k
08-18-2009, 12:32 AM
GCJourney as u must have noticed i have shut it; Also good luck with your try.

sreeni.k
08-18-2009, 12:34 AM
Not defending fake resumes or anything but as a matter of fact Intel did lay off in IT. So given that you would not even qualify to start GC process,Eb2 or EB3. Every one has a story buddy.Anyways, Just my opinion. I really dont want to fight. Please dont give me reasons how you qualify even thought your department has lay offs.I know.

I am not in IT and intel never fired in its entire history from this arm as its literally an arm and a leg of the company.