Recent content by DanielaDeLaVega

Yeah, st4rguitar you're right: For BS+5, "Any suitable combination of education, training or experience is acceptable" should be included. I was just thrown off by "work+study." Thanks!! ###

Thanks for your reply, Canadian. In order to port, the beneficiary needs to document, among other things, the following: (1) The I-140 petition was approved; (2) The I-485 was filed at least 180 days prior to the potential port date; and (3) The position he wants to port to is the "same...

Can someone tell me if an employer is required by law to give a foreign national employee a copy of Form ETA 750, Part A, and the I-140 approval notice? Since the law allows an employee to port his adjustment of status to a new employer, and the new employer needs the information on the ETA 750A...

Can someone tell me if an employer is required by law to give a foreign national employee a copy of Form ETA 750, Part A, and the I-140 approval notice? Since the law allows an employee to port his adjustment of status to a new employer, and the new employer needs the information on the ETA...

Sorry, I'm not st4guitar or great guru, but I have an opinion: Your lawyer sounds like an idiot. If I were you (or your lawyer), I'd wait for the prevailing wage determination before I did anything. The whole case should be strategized according to it, after all. When it comes to placing...

If there's a Master's requirement and you have a US Master's, then it should be good to go for EB-2, though I wonder why they even mention BS+5 as an alternative. A MS+0 is a bit risky. I hope there are a few special requirements upon which the employer could disqualify applicants. ###

I'm nervous about this casual line that was tossed out: "... BS+5 yrs experience or any combination of work+study experience, that should qualify as an EB2 case." If by BS+5 years you mean "Bachelor's and five years of progressive, post-baccalaureate experience," OK. "Any combination of...

No. ###

Not necessarily EB-2. What do the requirements in the 9089 say? If they include "Bachelor's degree in XYZ and five years progressive, post-baccalaureate experience in ABC," then it's an EB-2 case. If not, EB-2 would have to be argued for at the I-140 stage. Also make sure your reference...

So let's say I do go to Comany C and start all over with the H1, Labor Cert etc., can I use the previously approved Labort Cert date with Company C if Company B "owns" the previously approved Labor Cert? >>> If you have a copy of the labor cert approval notice, you would be able to use the...

Just to be clear, then, you don't have a conversion. You have a withdraw/re-file, meaning "withdraw the labor cert at the BEC and re-file an identical PERM application." It sounds like you still need the BEC labor cert to extend your H-1B, so I definitely wouldn't touch the withdraw/re-file...

If you're not planning to return to the worksite originally documented in the PERM application, then a new labor certification application will be required. However, if the worksite included travel language, then re-locating wouldn't affect the application. ###

Question 1: They will file as EB2 using MS + 8 years of experience. All this experience is still with the same employer. I have only worked for one company. My lawyer said it will work. Is this true? If not, please advise. >>> As long as your attorney can competently argue that the new position...

The ad should be generic: "Software Developer positions available at Company A in City, State. Successful candidates should have experience in designing computer systems. Send resume to Company A recruiter." When resumes come in, the employer can disqualify applicants against the list of...

You can definitely use Company B experience for a new PERM application filed by Company C. In your green card application, there should not be any mention of the merger. ###