advice needed for filing LC

[jc2002]

hello all fellow "foreigners" here:
I am about to start my LC process in early 2005. I have a BS degree (computer science) with over 10 years of working experience in the same field. I live in maryland which is probably one of the worst states regarding LC process.

If you were me, what is the strategy to pursue to apply for LC?
- If company is willing to do EB2, how long do you estimate the approval process, only a ballpark will be good for me to understand.
- How to pursuade your company to file EB2 instead of EB3?
- How will the current priority date regresssion and new LC system changes affect a new applicant in early 2005?

Your comments are greatly appreciated!

 

[EricS]

This is my opinion and I am not a lawyer.

For current processing times of LC see this link:
http://www.workforcesecurity.doleta.gov/foreign/times.asp

In Jan, things will change as PERM is being implemented and LC processing is also being overhauled. You probably know this otherwise read dedicated threads on PERM and backlog reduction centers.

If you are form India, China or Phillipines and you file EB2, then priority date retrogression will not effect you. Be sure to mention in your LC that Masters is required and "Will accept 4 year degree with 5 year experience as equavalent to Masters". The job duties should also be such as these require EB2, just saying Masters is required may not work for EB2.

EB2 will certainly require a higher pay also, so pursuading your employer depends on how much you are making currently.

One piece of advise from my own experience
1> Join the company and start getting proffered wage, then only apply for LC.
or
2> Go for a company that has good financial standing in books, meaning they show enough net profit or have enough net current assets every year to show ability to pay. Even if you get paid a little less, this will save you from spending sleepless nights afterwards.

Best of luck!

 

[jc2002]

thanks for the quick reply Eric.
My wife is from a country where no priority date is affected. When applying for I-140 or I-485, can we not use her country as the basis to apply even though it is filed based on my employment?

 

[EricS]

thanks for the quick reply Eric.
My wife is from a country where no priority date is affected. When applying for I-140 or I-485, can we not use her country as the basis to apply even though it is filed based on my employment?

No, you will be the primary applicant, unless she can file on her own employment basis.

 

[Some_GreenCard]

I think you can, refer sheela murthy chat sessions..somebody had asked same question to her and she had answered yes..

thanks for the quick reply Eric.
My wife is from a country where no priority date is affected. When applying for I-140 or I-485, can we not use her country as the basis to apply even though it is filed based on my employment?