Hello All,
Little background about my case, I will be filing PERM for a Senior Programmer/Systems Analyst requiring Bachelor with 5 years of progressive experience with bunch of technical stuff and other requirements. We cannot mention MS requirement as it is not required for this job and my company will not support it. Masters is not the requirement defined by HR for this job, so there is no way I can mention MS in the job requirements. I have only one choice to file under EB2 and that is to go with Bachelor+5 years.
There have been some cases where DOL denied PERM for Bachelor+5 years, saying that it was excessive. But then there have been many cases where it just got approved.
Now here is my real concern, say DOL approves my EB2 PERM and the time comes to file I-140. I have heard that folks at INS(USCIS) do not see BS+5 as EB2 requirement and they deny the case and send RFE all the time telling people to file under EB3. Is this true? What are the chances that USCIS will approve BS+5 for I-140 EB2? And if they deny it, do I need to start over from PERM or can we just re-file I-140 in EB3?
When I-140 is approved under EB2 with BS+5, are you safe at this point or can your whole case de denied at I-485 stage? I guess I would like to know all the risks involed with filing Bachelor+5 years of experience and going with EB2.
I would appreciate any help and feedback I can get on this.
Thanks a lot everybody.
Little background about my case, I will be filing PERM for a Senior Programmer/Systems Analyst requiring Bachelor with 5 years of progressive experience with bunch of technical stuff and other requirements. We cannot mention MS requirement as it is not required for this job and my company will not support it. Masters is not the requirement defined by HR for this job, so there is no way I can mention MS in the job requirements. I have only one choice to file under EB2 and that is to go with Bachelor+5 years.
There have been some cases where DOL denied PERM for Bachelor+5 years, saying that it was excessive. But then there have been many cases where it just got approved.
Now here is my real concern, say DOL approves my EB2 PERM and the time comes to file I-140. I have heard that folks at INS(USCIS) do not see BS+5 as EB2 requirement and they deny the case and send RFE all the time telling people to file under EB3. Is this true? What are the chances that USCIS will approve BS+5 for I-140 EB2? And if they deny it, do I need to start over from PERM or can we just re-file I-140 in EB3?
When I-140 is approved under EB2 with BS+5, are you safe at this point or can your whole case de denied at I-485 stage? I guess I would like to know all the risks involed with filing Bachelor+5 years of experience and going with EB2.
I would appreciate any help and feedback I can get on this.
Thanks a lot everybody.