Anyone file PERM today?

Link for Software Engineer from ONet

rocky_cool said:
Thanks for replying dsu...the problem is that my employer is not agreeing to file with another lawyer...please let me know where can i find the official information stating that "Software Engineer" falls under EB-3..

thanks...
Click to expand...

Rocky_Cool,

If you are Computer Software Engineers, Applications
http://online.onetcenter.org/link/summary/15-1031.00#JobZone

If you are Computer Software Engineers, Systems Software
http://online.onetcenter.org/link/summary/15-1032.00#JobZone

It says "Education Most of these occupations require a four - year bachelor's degree, but some do not." which means it generally falls under EB-3. Also, EB-2 or EB-3 matters at I-140 level and not at LC level. Catch is if you want to file I-140 as EB-2 then LC should mention at least MS+0 years or BS+5 years.
 
abzy2004 said:
Bidhan,
Now I understand what's he/she trying to infer. Basically, in LC, you mention your job title/responsibilities and what you think are the min. requirements. To qualify for EB2, the min. requirements are higher (MS + 0 or BS + 5). DOL has problem with "inflating" min. requirements for a job so such applications are getting higher scrutiny to see if min. requirement is indeed justified.
Most folks are reluctant to push it to EB2-level requirements because it draws this attention.
BTW, technically, this is independent of PERM. Even in previous system, if you file LC with higher requirements than deemed necessary, you could get NOF or RFE to justify. Computer processing of PERM just may be making it easier to catch (also apparently some glitch in software matrix for PERM).
Click to expand...

Hi abzy2004,

I think yer right abt what the lawyer is inferring.
Does that mean all BS+5 year holders are having probs when applying under EB2 in PERM?
Lawyer says to wait a month as they might fix the glitch?
Is that a good idea or shld I go ahead and apply under EB3 now (I am BE+5 yrs) and convert later when system is fixed?

btw going thru this forum realised something, my designation as mentioned by my Co. is "Software Engineer", which would mean, irrespective of my Degree+5 yrs work-ex I would still fall under EB3?

Thanks
Bidhan
 
Last edited by a moderator:
mar2004 said:
Please see my original posting which I reattach here

Go to http://ows.doleta.gov/foreign/perm.asp

Check the link to "PERM Regulations" . Look at page 77377 and then at page 77381 (Appendix A) . Also, on the DOL link above, check out the ONet job descriptions.

Good luck - we all need it!
Click to expand...

dsugandhi said:
Rocky_Cool,

If you are Computer Software Engineers, Applications
http://online.onetcenter.org/link/summary/15-1031.00#JobZone

If you are Computer Software Engineers, Systems Software
http://online.onetcenter.org/link/summary/15-1032.00#JobZone

It says "Education Most of these occupations require a four - year bachelor's degree, but some do not." which means it generally falls under EB-3. Also, EB-2 or EB-3 matters at I-140 level and not at LC level. Catch is if you want to file I-140 as EB-2 then LC should mention at least MS+0 years or BS+5 years.
Click to expand...

Thanks a lot dsu and mar2004. I will try talking to my employer first and make him read this. Lets see what happens...thanks
 
JAY2005 need some help -a physician

I have sent you a pm please check and reply if you can.
thanks
 
PERM Requirement question

can any one please help to clearify H14 & requirement issue. Please send me an PM. Please read my earlier post.

Would be very helpful

- Thanks
 
Thanks guys for the information in this thread. I know pre-PERM , the EB2 or EB3 was mainly decided by what the company was looking for in the advertisement and what the candidate/employee possessed at the time of hiring. Generally, it was BS+5 years or MS+0 years.

However, with PERM has this changed ?. Are they strictly going through the designations. I doubt if these designations in the O*Net has recently changed. Or is it that with PERM they are more strictly adhering to the O*Net. Also does that mean, every company is supposed to match their designations to O*NEt somehow. Also its not necessary that a companies required MS+0 years experience, and hired such a candidate but placed him SAYING "SENIOR SOFTWARE ENGG." or something.

Also BTW, I dont see any real software jobs that has MS an requirement.

I am little confused, anyone has spoken to lawyer about how exactly are EB2 and EB3 classified under PERM. Please help all of us get some clarity. There is a AILA conference this week. I am hoping to get some solid information after that from my lawyer. I shall post it here. In the meanwhile if you guys got some,. post it
 
I had specifically asked the question whether there is anything changed in PERM regarding what would be considered as EB2. The answer by my lawyer was that it's still linked ONLY TO JOB REQUIREMENTS mentioned in the LC. PERM does not anyway has any mapping or bearing on EB2/EB3 as with non-PERM. What most folks refer to is the O*Net mapping that has changed from March 1st to get SVP. SO I still believe that EB2/EB3 classification has NOTHING to do with PERM. As in my previous posts, the jobs that put min.requirements higher than expected by DOL will draw attention, that's all. PERM just might make it simpler to flag these applications because of simple computerized check vs. a person making a decision based on subjective guidelines.
 
popoye said:
Thanks guys for the information in this thread. I know pre-PERM , the EB2 or EB3 was mainly decided by what the company was looking for in the advertisement and what the candidate/employee possessed at the time of hiring. Generally, it was BS+5 years or MS+0 years.

However, with PERM has this changed ?. Are they strictly going through the designations. I doubt if these designations in the O*Net has recently changed. Or is it that with PERM they are more strictly adhering to the O*Net. Also does that mean, every company is supposed to match their designations to O*NEt somehow. Also its not necessary that a companies required MS+0 years experience, and hired such a candidate but placed him SAYING "SENIOR SOFTWARE ENGG." or something.

Also BTW, I dont see any real software jobs that has MS an requirement.

I am little confused, anyone has spoken to lawyer about how exactly are EB2 and EB3 classified under PERM. Please help all of us get some clarity. There is a AILA conference this week. I am hoping to get some solid information after that from my lawyer. I shall post it here. In the meanwhile if you guys got some,. post it
Click to expand...

The way I see it, even with PERM, EB-2 requires MS+0 or BS+5. The "catch" that has changed is that, per DOL, now almost all IT jobs do NOT require MS degrees. So if u are palcing an ad for BS degree it automatically gets qualified for EB-3. If u place an ad for MS it gets qualified for EB-2 but then they will question why the specified IT job requires MS?.......correct me if I am wrong..

thanks
 
abzy2004,

Whats SVP.? changed in O*Net. I usually actively keep up with the developments. I think I missed the O*Net thing. can someone point me to a thread where I can get educated and what the impacts are.

My wife has joined a company as software quality assurance engineer. She has a MS plus 3+ years experience. They are saying , they can do PERM but are not clear on EB2. They are saying they have to decide something consistent for the entire designation/position.
 
Consistency for a company means that they cannot say that position of "Software QA engineer" requires min. BS + 3 yrs for one person and MS + 2 yrs for other person. That's why there is a strong distinction between min. qualification for the position and your qualification. EB2/EB3 is decided by qualification for the position, while you need to meet or beat that qualification (duh!). You don't get extra points for being over-qualified.

Btw, SVP is not very clear to me but it's more to do with how SWA maps your intended position with min. qualification (as per them) in simple number.
 
Weirdest thing......

My case was filed on May 16th first, it got denied immediately. In response we filed it again on 20th May. The second application has been in Audit Review state after we filled the sponsorship email that we recieved on 20th itself.

Today that is June 24, suddenly we recieved a sponsorship email for my first denied application. That was shocking so my employer went to their website to check the status of the application but apparently the site is down for few hours.

This is scary as this will make two of my application opened at the same time.

This freaking system is so screwed up. I cant believe which moron led the project of designing the world simplest web-application..

Anyways this just spoils my weekend.

Guys if any of you have recieved something like this or know what all this about it will be helpful
 
good news who already filed perm(denied cases )

rajaabhi said:
Weirdest thing......

My case was filed on May 16th first, it got denied immediately. In response we filed it again on 20th May. The second application has been in Audit Review state after we filled the sponsorship email that we recieved on 20th itself.

Today that is June 24, suddenly we recieved a sponsorship email for my first denied application. That was shocking so my employer went to their website to check the status of the application but apparently the site is down for few hours.

This is scary as this will make two of my application opened at the same time.

This freaking system is so screwed up. I cant believe which moron led the project of designing the world simplest web-application..

Anyways this just spoils my weekend.

Guys if any of you have recieved something like this or know what all this about it will be helpful
Click to expand...

this is what i found in immigration-law.com

DFLC IT team is actively working on the change of PERM Decision Matrix considering the problems and certain policy issues the DFLC has experienced since the launch the PERM on March 28, 2005. The timeline for release of the changed Decision Matrix is disclosed to be the end of this month or early next month.
Once the revised Decision Matric is launched, most of certain denial cases and certain "Audit Review" cases will be rerun by the DFLC itself and give out a new decision. Please stay tuned.

i assume because of this new rule they are approving previously filed perm applications.Dont worry there will be a way how you can with draw your new case.
 
Question

That is INTERESTING!!!

About what time did you get the sponsership email??

Thanks
*********

rajaabhi said:
Weirdest thing......

My case was filed on May 16th first, it got denied immediately. In response we filed it again on 20th May. The second application has been in Audit Review state after we filled the sponsorship email that we recieved on 20th itself.

Today that is June 24, suddenly we recieved a sponsorship email for my first denied application. That was shocking so my employer went to their website to check the status of the application but apparently the site is down for few hours.

This is scary as this will make two of my application opened at the same time.

This freaking system is so screwed up. I cant believe which moron led the project of designing the world simplest web-application..

Anyways this just spoils my weekend.

Guys if any of you have recieved something like this or know what all this about it will be helpful
Click to expand...
 
MS + 5 yrs requirement

I finished my undergraduate degree in May 2000 and started working then. So, essentially I have 5 yrs of work experience. While I was working FULL time, I also finished my Masters degree (going to school part time) in Dec 2002. Now, can I apply through PERM for a job that has been advertised as requiring Masters + 5 years work experience ?

I am confused whether the work exp. counts from the day you received your degree. Someone please throw some light.
 
PERM Denials Are Being Rurun Now!

The following is from http://www.immigration-law.com/ today. Good luck to everyone!

06/24/2005: PERM Denials Are Being Rurun Now!

The PERM Decision Matrix has been reconfigured and the DFLC has just started to rerun all the previous online filing denials and "Audit Review" cases. Those whose online filing cases have been denied should go back to the PERM Online Status site to check the new status. Most of the previous denials have apparently been converted to "sponsorship" for a fresh new review. Thank you, DFLC, for the quick corrective action.
 
Bad news is most of the reruned "audit review" cases being denied.

Bystander6 said:
The following is from http://www.immigration-law.com/ today. Good luck to everyone!

06/24/2005: PERM Denials Are Being Rurun Now!

The PERM Decision Matrix has been reconfigured and the DFLC has just started to rerun all the previous online filing denials and "Audit Review" cases. Those whose online filing cases have been denied should go back to the PERM Online Status site to check the new status. Most of the previous denials have apparently been converted to "sponsorship" for a fresh new review. Thank you, DFLC, for the quick corrective action.
Click to expand...
 
AC21EB3 said:
Bad news is most of the reruned "audit review" cases being denied.
Click to expand...
AC21EB3 ,

How do u know most of "audit review" cases are denied? The only thing I can think of is that because most of the case filed on March, their Ads maybe alreayd more than 180 days old now. So the dates will make them denied, in addition, maybe the PW is more than 90 days old. Just a thought.
 
Well...

apparently that is what is happening they have been rerunning the applications again..

This is what has happedned with my case

1. My previously denied case -->> sponsorship state
2. My current Audit Review --- >> changed to "Final Review"..

I dont know what to make out of this... I am just hoping this does not screw up everything.

Any idea what Final Review means ???
 
to rajaabhi

hi, your case was sent to chicago center? my case was audit review since may 21st, but can u tell me when your case was rerunned and changed to final review? today?

thanks
nning

OTE=rajaabhi]Well...

apparently that is what is happening they have been rerunning the applications again..

This is what has happedned with my case

1. My previously denied case -->> sponsorship state
2. My current Audit Review --- >> changed to "Final Review"..

I dont know what to make out of this... I am just hoping this does not screw up everything.

Any idea what Final Review means ???[/QUOTE]
 
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