Is it going to cause trouble?

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wondering99

Registered Users (C)
I work in financial services section. I have a MS and 2.5 yr relevant experience before joining my current firm. To make an EB2 case, my PERM application has MS + 0 Yr experience as Primary Requirement and BA/BS + 5 Yr progressive experience as alternative requirement. It's not unusual that my job requires MS or BA/BS. So, I don't worry about that.

I just read about Kellogg Case which indicating that using alternative requirement is likely to cause trouble. I also look up SVP level and found that MS is equivalent to BA/BS + 4 yr exp which belong to SVP Level 7 and BA/BS + 5 Yr belong to SVP Level 8. Does it mean that I'm screwed up? I now realized why I have seen lots of PERM in this forum has MS+6 mon(or 1Yr) or BS/BA + 5Yr. Is it to make them at same SVP level? Do you guys think I need to withdraw and refile? Mine was filed in early Jan and still in progress. No audit so far.

Thanks a lot!
Wondering
 
wondering99 said:
I work in financial services section. I have a MS and 2.5 yr relevant experience before joining my current firm. To make an EB2 case, my PERM application has MS + 0 Yr experience as Primary Requirement and BA/BS + 5 Yr progressive experience as alternative requirement. It's not unusual that my job requires MS or BA/BS. So, I don't worry about that.

I just read about Kellogg Case which indicating that using alternative requirement is likely to cause trouble. I also look up SVP level and found that MS is equivalent to BA/BS + 4 yr exp which belong to SVP Level 7 and BA/BS + 5 Yr belong to SVP Level 8. Does it mean that I'm screwed up? I now realized why I have seen lots of PERM in this forum has MS+6 mon(or 1Yr) or BS/BA + 5Yr. Is it to make them at same SVP level? Do you guys think I need to withdraw and refile? Mine was filed in early Jan and still in progress. No audit so far.

Thanks a lot!
Wondering
Click to expand...

I was thinking MS+0 yrs of exp is equivalent to BS+5 yrs. I dont understand what you mean by "MS is equivalent to BA/BS+4 years".

As per my understanding BS+4 yrs belongs to SVP Level 8

Others, Am i wrong??
 
Yes, I was wrong. BS + 4 is level 8. However, my problem is that my primary requirement of MS + 0 is level 7. And my alternative requirement of BS+5 is level8.

This document was attached in the other thread. It shows MS is equivelent of 4 years which belong to SVP 7 (the upper bound). And BA/BS + 5 Years is SVP 8.

MS + 6 Months will push it to level 8.
 
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I don't know your case in details but from what I see I think you don't have to be worried. Because you have master plus 2.5 yrs of experience which meets the primary requirement of MS. plus 0 year exp. regardless of alternate requirement. But if you didn't have master degree and instead used BS. plus 4 or 5 years of experience which is an alternate requirement then it might be a problem because DOL might question that the alternate requirement might not be equivalent to the primary requirement. Though, I might misunderstand your point, so you better consult with your lawyer to clarify your concern.
 
Does anyone has experience problem in filing PERM online? The lawyer said that once you go to page 4 of No. 2 which is the OES No., the computer is not accepting any data in that slot and just proceed to the next question. But once you go to the next page, the computer will ask you to input the OES No. My employer e-mailed the DOL regarding that matter but no replied yet. My employer is thinking of submitting the PERM via mail but based on what I have read in this forum, alot of info were input wrong. As much as possible, online filing is much better. Am I right? Please share your experience so we can have an idea that it is the system that has a problem. Any response is greatly appreciated. Thanks in advance.
 
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