Am I eligible for EB2 what advantage is for PERM EB2 over EB3

D

DesiMember

New Member
What advantage am I gaining by trying to apply PERM EB2 over PERM EB3?

I have a fulltime offer with my client where I am working as a consultant for the past 1.3+ years

They are willing to do my GC for a position as Senior Application Developer.

Will I Qualify to apply PERM under EB2 with below qualifications for a "Senior Application Developer" Position. We are running ads for MS+2yrs experience or BS+4 years experience.

MY PROFILE:

I am from India who did MS (Aug00-May03) and have 5 yrs left on my H1B

Masters in Computers
+(3 years experience (20 hrs/wk) IT jobs while studying MS as System Administrator/Web Developer/ Internship/ Programmer in each semester with Expeirence Letters)
+(2 years experience (40+ hrs/wk) as Senior Application Developer)

Any response is greatly appreciated.

Thank you,
 
EB2 for application developer

Try asking your attorney if it will pass the O*Net test. Jobs like Application Developer comes under Job Zone 4 (SVP of less than 8)under O*Net which means you cannot ask for a Masters degree. The maximum you can ask is Bach + 4 years of exp which is EB3. Or else the company will have to show a business necessity for a person with Masters degre.
 
birbal said:
Try asking your attorney if it will pass the O*Net test. Jobs like Application Developer comes under Job Zone 4 (SVP of less than 8)under O*Net which means you cannot ask for a Masters degree. The maximum you can ask is Bach + 4 years of exp which is EB3. Or else the company will have to show a business necessity for a person with Masters degre.
Click to expand...


Birbal is right. "Senior Application Developer" title does not qualify for EB-2. In fact under PERM almost all the IT titles do not qualify for EB-2 unless it is a managerial position. Business necessity is an option but in that case processing time will be longer with some risk of rejection.

Good Luck.
 
how long will it take to get labor approved with PERM+EB3?

When Can I apply for 140, and 485 and EAD card with PERM EB3 option.

Thank you
 
DesiMember said:
how long will it take to get labor approved with PERM+EB3?

When Can I apply for 140, and 485 and EAD card with PERM EB3 option.

Thank you
Click to expand...

You can get your labor cleared in 60 days (max) if you apply through PERM+EB3 (thats what DOL says). But after that you are pretty much stuck, if you are from India, China or Phillipines, because EB3 date has retrogessed for these countries to mar/apr 2002 and since your PD will be somewhere in 2005 you are in for a long wait.

Infact I plan to discuss with my attorney about PERM, like APD said "under PERM almost all the IT titles do not qualify for EB-2", by this it looks like it is better to stick with current LC instead of applying for PERM with EB3 because of retrogession. However if you never applied LC and are first timer then you have to go through PERM after march 28th.
 
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