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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. ###

Green card holders ARE US workers!! ###

You can't use that PERM for green card purposes. However, if you have a copy of the PERM approval, your current company's legal counsel can use that to continue extending your H-1B beyond your sixth year. ###

CAREFUL, though. Just because you qualify for EB-2 with your current employer doesn't mean that you would automatically qualify for EB-2 under your next employer. Say your EB-2 priority date is June 2, 2003, and the I-140 is approved. If you go to a new employer and the requirements of the...

It should be enough proof to YOU that it's certified, but it wouldn't be enough for anyone else. As st4rguitar said, the "real" proof is in the cover page, which has your name, the employer's name and priority date. If they wanted to, the employer or immigration counsel should be able to...

For California it's www.caljobs.ca.gov. The employer needs to provide some documentation prior to getting a log-in and password. You can set an expiration date for the posting. For PERM it should be set at least 30 days after the post date. ###