Questions regarding PERM EB2

[aish_m04]

Hi all,
I am in the software field with BS and 5+ years experience. My company is planning to apply
for my PERM application after March 28th. In the ad they run they had mentioned for job
description with 5+ years experience. I have told them the concerns about the EB2
application for my job. Here are their answers :

1) When we apply for PERM labor we don't have to mentioned whether it is a EB2 or EB3
application. We have to mention that only during the I-140 stage.

2) At the I140 stage they will look at the application and experience letters. If the they
see that the experience and education is not fit for EB2 then they will not deny the
application. They will just move the category from EB2 to EB3.

They are confident that there is no mention of the EB2 or EB3 in the PERM labor
application.Can someone confirm what the lawyers say about the EB2 and EB3 is right.

Thanks

 

[segio_01]

From what I heard, your lawyer is right.

Hi all,
I am in the software field with BS and 5+ years experience. My company is planning to apply
for my PERM application after March 28th. In the ad they run they had mentioned for job
description with 5+ years experience. I have told them the concerns about the EB2
application for my job. Here are their answers :

1) When we apply for PERM labor we don't have to mentioned whether it is a EB2 or EB3
application. We have to mention that only during the I-140 stage.

2) At the I140 stage they will look at the application and experience letters. If the they
see that the experience and education is not fit for EB2 then they will not deny the
application. They will just move the category from EB2 to EB3.

They are confident that there is no mention of the EB2 or EB3 in the PERM labor
application.Can someone confirm what the lawyers say about the EB2 and EB3 is right.

Thanks

 

[APD]

Hi all,
I am in the software field with BS and 5+ years experience. My company is planning to apply
for my PERM application after March 28th. In the ad they run they had mentioned for job
description with 5+ years experience. I have told them the concerns about the EB2
application for my job. Here are their answers :

1) When we apply for PERM labor we don't have to mentioned whether it is a EB2 or EB3
application. We have to mention that only during the I-140 stage.

2) At the I140 stage they will look at the application and experience letters. If the they
see that the experience and education is not fit for EB2 then they will not deny the
application. They will just move the category from EB2 to EB3.

They are confident that there is no mention of the EB2 or EB3 in the PERM labor
application.Can someone confirm what the lawyers say about the EB2 and EB3 is right.

Thanks

Sir your problems will start at LC level itself.
Because if the job titile you choose ( I assume it is IT) in your LC falls under Job Zone 4 and if your ad says BS + 5 years experience then your case will go under audit. And also if you present it as a business necessity it will still undergo audit. In case you do not know then there is no timelimit in which DOL will process cases under audit. By DOL standards it could be in years.

If you are lucky and if your case is approved after the audit then you may be able to file 140 in EB-2 but be prepared to receive queries there also.

Your lawyer may be thoratically right but he is not giving you practical advice. If you follow his advice then he will get his fees and you will get sleepless nights.

I am not a lwayer so my suggestion is you should seek second openion from some good lawyer.

Good Luck.