3 critical questions for PERM Gurus!!!

M

MSJ

New Member
3 critical questions for PERM Gurus: same title but different/added duties - EB2?

Here’s the situation:
a. My non-RIR LC has been in backlog center since 2003.
b. I am in my 8th year of H1B, on yearly extension
c.They filed my LC with BSc + 3 years of experience with same employer
d. I am being transitioned to a different group with the same title, Project Manager
e. My job duties will be changed.​
Because my job responsibilities are changing enough my lawyer said I can file a new PERM application. So, here are my 3 questions:
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.
Question 2: My job title is still the same but my responsibilities have changed. My lawyer said it will work. Is this true? If not, please advise.
Question 3: I will leave the non-RIR LC untouched. Is this ok? Please advise.​

I'd like the advice from all the PERM gurus out thaar!!!!
 
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tough questions

I think many people have some ideas to post but they are not 100% sure and neither I am.

You need to talk to a lawyer.
 
Did you get an answer?

I have the same 3 questions regarding my PERM case. Were you able to find the answers to your questions?

thanks,
Sachin
 
MSJ said:
Here’s the situation:
a. My non-RIR LC has been in backlog center since 2003.
b. I am in my 8th year of H1B, on yearly extension
c.They filed my LC with BSc + 3 years of experience with same employer
d. I am being transitioned to a different group with the same title, Project Manager
e. My job duties will be changed.​
Because my job responsibilities are changing enough my lawyer said I can file a new PERM application. So, here are my 3 questions:
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.
Question 2: My job title is still the same but my responsibilities have changed. My lawyer said it will work. Is this true? If not, please advise.
Question 3: I will leave the non-RIR LC untouched. Is this ok? Please advise.​

I'd like the advice from all the PERM gurus out thaar!!!!
Click to expand...
Find out whether you will educational qualification from back home will give you equivalent as US MS and it is not advisable to use experience gained from petitioner employer for PERM
 
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Yes, you cannot use experience with same employer. Technically you can if it is for a super different position, but this triggers audit, and you don't want that. If you have a good MS (meaning from US university or from foreign but very VERY clean equivalent to MS) then my advice is go MS+0. Do not use anyyyyyyyyyyyyyyy experience. Make it easier and faster for approvals and all.
 
With regard to the 1st question all reports that I have read indicate that it is unadvisable to try to use your experience with the same employer that's petitioning for you to get into EB2 catagory.

I opted for EB3 with retrogression and the opportunuty to extend my H1B in 3 year increments.
 
How many years are your bachelor's and master's degrees ? You must either have a 4 year bachelor's degree with a 2 year master's degree, or a 3 year bachelor's with a 3 year master's to qualify for EB2.
 
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 is SUBSTANTIALLY DISSIMILAR to the old position, you can use experience gained at the same employer. However, if the two positions have the same job title, this may be difficult.

Question 2: My job title is still the same but my responsibilities have changed. My lawyer said it will work. Is this true? If not, please advise.
>>> See above.

Question 3: I will leave the non-RIR LC untouched. Is this ok? Please advise.
>>> Right.

Of course this all holds true if you in fact possess the requirements documented in the new labor cert.

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