sunny_1023
Registered Users (C)
OVERVIEW:
Labor filed under EB3 - India - PD Sept 2003. Title on my labor is Programmer Analyst and 140 approved.
Filed 485 in Jan. 05 in VSC but case recently got transferred to TSC.
Joined the current employer (who sponsored for my green cad) in Nov 04 - and they used substitute labor for me for Sept 2003
Now I finished my MBA in Dec 05.
But here are my few questions:
Q1. I was told that I can now apply for EB2 now. Can I use my approved 140 with my EB2 labor when the labor is approved? Can I apply for EB2 labor at my current job that has filed for my EB3 labor? Do I need to cancel the Eb3 labor when the EB2 is filed. and file for new 140? or use the old one?
I can file the EB2 on the basis of Bachelor and Masters degree from US and with 7 years experience in software.
Q2. if I apply the EB2 in perm processing, how long does it take? Do I again need to apply for 140 or can I use my old 140?
But in this case, do I need to wait to file 485 application as PD is not current for Sept 03 for EB2? Then, do I need to file for H1 visa as I don't have any work visa at this time?
What are the exact steps that I would need to take if I switch from EB3 approved labor and 140 and re-file under EB2. Will it help me??
Q3. AC21 questions:
a. If I change jobs with current EB3 labor to a new employer, what do I exactly need on the letter for INS?
b. I am currently as programmer analyst with job description on the labor, so should I ask for the same job description on the offer letter from the new company? Will it be much safer with the same title on Labor? My new title will be Principal Solutions Engineer.
Do they need to write exact job description on the offer letter? Is the offer letter same as INS letter for filing AC 21?
c. The salary hike is almost 30% with the new company compared to what is mentioned in the labor application. Is it ok? Does the Bonus counts for salary hike? Bonus can be 30k over the 30% raise for the whole year and it is a huge jump. Bonus is not definite but we could just mention the salary jump. labor was from 2003 so with 10% raise each year till 2007, it should be normal. Should I inform the new employer to just put the salary and no need to mention bonus??
d. How about address change? Will it matter if I move from Indianapolis to Chicago? Chicago is expensive than Indy. the new job is based in California and the new employer does not care about my base city, does it make any difference with the AC 21 rule?
Q4. Is it safe to change jobs? How long can it take to have a priority date current for my current labor (EB 3 - Sept 03 - India)? Is it safe to apply for new Eb2 labor or switch jobs?
I have a job offer and need to reply ASAP..guys, please HELP!!
Labor filed under EB3 - India - PD Sept 2003. Title on my labor is Programmer Analyst and 140 approved.
Filed 485 in Jan. 05 in VSC but case recently got transferred to TSC.
Joined the current employer (who sponsored for my green cad) in Nov 04 - and they used substitute labor for me for Sept 2003
Now I finished my MBA in Dec 05.
But here are my few questions:
Q1. I was told that I can now apply for EB2 now. Can I use my approved 140 with my EB2 labor when the labor is approved? Can I apply for EB2 labor at my current job that has filed for my EB3 labor? Do I need to cancel the Eb3 labor when the EB2 is filed. and file for new 140? or use the old one?
I can file the EB2 on the basis of Bachelor and Masters degree from US and with 7 years experience in software.
Q2. if I apply the EB2 in perm processing, how long does it take? Do I again need to apply for 140 or can I use my old 140?
But in this case, do I need to wait to file 485 application as PD is not current for Sept 03 for EB2? Then, do I need to file for H1 visa as I don't have any work visa at this time?
What are the exact steps that I would need to take if I switch from EB3 approved labor and 140 and re-file under EB2. Will it help me??
Q3. AC21 questions:
a. If I change jobs with current EB3 labor to a new employer, what do I exactly need on the letter for INS?
b. I am currently as programmer analyst with job description on the labor, so should I ask for the same job description on the offer letter from the new company? Will it be much safer with the same title on Labor? My new title will be Principal Solutions Engineer.
Do they need to write exact job description on the offer letter? Is the offer letter same as INS letter for filing AC 21?
c. The salary hike is almost 30% with the new company compared to what is mentioned in the labor application. Is it ok? Does the Bonus counts for salary hike? Bonus can be 30k over the 30% raise for the whole year and it is a huge jump. Bonus is not definite but we could just mention the salary jump. labor was from 2003 so with 10% raise each year till 2007, it should be normal. Should I inform the new employer to just put the salary and no need to mention bonus??
d. How about address change? Will it matter if I move from Indianapolis to Chicago? Chicago is expensive than Indy. the new job is based in California and the new employer does not care about my base city, does it make any difference with the AC 21 rule?
Q4. Is it safe to change jobs? How long can it take to have a priority date current for my current labor (EB 3 - Sept 03 - India)? Is it safe to apply for new Eb2 labor or switch jobs?
I have a job offer and need to reply ASAP..guys, please HELP!!