Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins
Click to log in with Facebook
Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 05-12-2010, 03:51 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default EB2 ETA9089\for software developer position- please review

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,
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 05-13-2010, 11:06 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

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,
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 05-13-2010, 11:43 AM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute thomachan72 has a reputation beyond repute
Default

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.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 05-13-2010, 12:56 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

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.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 05-13-2010, 01:00 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
08/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Jun 2009
Posts: 258
frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute frostrated has a reputation beyond repute
Default

why are you worried about your labor when your status shows that you have filed your 140?
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 05-13-2010, 01:11 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

it was rejected because my labor expired - this is what my lawyer said.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 05-13-2010, 04:13 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
03/10/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jun 2006
Posts: 371
smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute
Default

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.
__________________
EB-2 Dec 2005
I-140 March 2006
I-485-Filed July 3
RD- Sep 4th 2007
EAD- Sep 17th 2007
FP- Sep 28th
AP- Oct 1st

First application:
EB-2 Aug 2002-Employer Shut Down

GREENED AUG 5th 2010
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 05-13-2010, 04:35 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

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?
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 05-13-2010, 04:51 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
03/10/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jun 2006
Posts: 371
smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute smisachu has a reputation beyond repute
Default

[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.
__________________
EB-2 Dec 2005
I-140 March 2006
I-485-Filed July 3
RD- Sep 4th 2007
EAD- Sep 17th 2007
FP- Sep 28th
AP- Oct 1st

First application:
EB-2 Aug 2002-Employer Shut Down

GREENED AUG 5th 2010
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 05-13-2010, 05:04 PM
Senior Member
Priority Date
:
N/A
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Unhappy

Quote:
Originally Posted by michael_trs View Post
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.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 05-14-2010, 05:48 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

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?
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 05-14-2010, 06:02 PM
Senior Member
Priority Date
:
Jul-02
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jan 2006
Posts: 165
joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute
Default my 2 centimes

Quote:
Originally Posted by michael_trs View Post
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
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 05-14-2010, 06:20 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Sep 2006
Posts: 776
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by michael_trs View Post
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.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 05-14-2010, 11:55 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

roseball,
Ok...ok...I am working as an attorney partime... for myself...kidding.

joydiptac,
"may not make the cut easily" - what do you mean?
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Getting PERM approved as a Software Developer in EB2 indyanguy PERM Processing 8 09-11-2009 12:36 PM
how much Senior software Developer salary should be in San Diego, CA ( full time) RiaonH4 Out of status, employment gap and status revalidation 7 06-20-2008 03:10 PM
how much Senior software Developer salary should be in Massachusetts ( full time) RiaonH4 Out of status, employment gap and status revalidation 13 06-12-2008 06:29 PM
AC21 and Current Position vs Future Position mhtanim AC21 Portability after 180 days of 485 filing 4 11-29-2007 01:06 PM



All times are GMT -4. The time now is 10:50 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org