Does EB2 need one to be a manager?

[rajeevp]

I am a Senior Software engineer with Masters in Electrical Engineering with 6+ years of software experience.

1. Can I successfully file in EB2 with salary 85K+benifits near DC suburbs with job description BS + 6 years instead of ' MS + 1yr or BS+6yr if MS candidates not available'?

2. My company told me that I need to be a manager, managing people with at least 103K salary. Rajiv khanna claims that he has done EB2 filing for candidates with my jobs requiring BS + 5. What is the true picture ?

3. Is it true that there is nothing like EB2 or EB3 in perm and EB2 and EB3 only matters when I140 is processed ?

Please help me get the real picture because I feel my company is misleading me. They infact promised me (in e-mail not in contract) at the time of joining that they would do my GC in EB2 category.


I AM DESPERATE TO GET THE ANSWER. THANK YOU ALL.

 

[maxblacks]

I am a Senior Software engineer with Masters in Electrical Engineering with 6+ years of software experience.

1. Can I successfully file in EB2 with salary 85K+benifits near DC suburbs with job description BS + 6 years instead of ' MS + 1yr or BS+6yr if MS candidates not available'?

--> Yes

2. My company told me that I need to be a manager, managing people with at least 103K salary. Rajiv khanna claims that he has done EB2 filing for candidates with my jobs requiring BS + 5. What is the true picture ?

--> as long as ur company can give business necessity for eb-2, u r good to go

3. Is it true that there is nothing like EB2 or EB3 in perm and EB2 and EB3 only matters when I140 is processed ?

--> u r correct, however Ad's during Labor Certification Process are usually structured depending on eb-2 or eb-3

--> hope this helps..

Please help me get the real picture because I feel my company is misleading me. They infact promised me (in e-mail not in contract) at the time of joining that they would do my GC in EB2 category.


I AM DESPERATE TO GET THE ANSWER. THANK YOU ALL.

 

[rajeevp]

How to show the bussiness need.

For a person with actual qualification : MS + 6 years

The Job ad for EB2 will say : candidate with BS + 5.
Now, what does the company has to show INS to justify a business need ? What are the various ways to do that ? My new company is small and I will be the first one they process GC for.

Do they have to show that I am not a senior software engineer but a LEAD Engineer or supervisor ? Do they have to say that I lead a team of few people.

In short, does the company has to lie to the INS when they try to justify the bussiness need .. some companies won't do saying that it is not in their policy ..

 

[newbies]

I am a Senior Software engineer with Masters in Electrical Engineering with 6+ years of software experience.

1. Can I successfully file in EB2 with salary 85K+benifits near DC suburbs with job description BS + 6 years instead of ' MS + 1yr or BS+6yr if MS candidates not available'?

2. My company told me that I need to be a manager, managing people with at least 103K salary. Rajiv khanna claims that he has done EB2 filing for candidates with my jobs requiring BS + 5. What is the true picture ?

3. Is it true that there is nothing like EB2 or EB3 in perm and EB2 and EB3 only matters when I140 is processed ?

Please help me get the real picture because I feel my company is misleading me. They infact promised me (in e-mail not in contract) at the time of joining that they would do my GC in EB2 category.


I AM DESPERATE TO GET THE ANSWER. THANK YOU ALL.

85K is kind of low for Senior Engineer in DC area. If your salary is lower than PWD, it is hard for the company to prove they will pay you that salary in the future (some companies do not want to do that since they have to lie That is one of the reason they might try to avoid.
My PWD came with 99K for my EB2 in Bayarea CA. I think DC area might be similar (but that is just me).

 

[rajeevp]

Is 90K for salaried == 99k for hourly employee

For the prevaling wage description, the person who earns hourly rate will benefit over a salaried employee. For eg. my current salary 85K + 3 weeks of paid vacation + 75% of medicals would be close to 95-99K.

i have a very simple question for which I need a safe answer.

I am changing my job in a months time.

What is the minimum salary (base salary) with which I can file safely in EB2 ?
What is the minimum acceptable job description for EB2 ?

Where can I find the safe description of 'bussiness justification'. Unless I know this, I can't bargain.

Please help me with useful comments.

Thank you

 

[newbies]

For the prevaling wage description, the person who earns hourly rate will benefit over a salaried employee. For eg. my current salary 85K + 3 weeks of paid vacation + 75% of medicals would be close to 95-99K.

i have a very simple question for which I need a safe answer.

I am changing my job in a months time.

What is the minimum salary (base salary) with which I can file safely in EB2 ?
What is the minimum acceptable job description for EB2 ?

100K I guess will be safe.
The job description just need to mention BS+5 or MS+x with 4-5 special skill set. However, most job desc. for Senior engineer always post of 10 years experiences (or 5-10 years experiences)
But your manager must prepare ahead all explainations in detail on why the job needs those skill sets with those experiences. If you mention about MS, your manager must prepare some statement about that also.
TALK TO COMPANY LAWYER BEFORE ACCEPT ANY POSSITION. THAT IS WHAT I DID SINCE I DON'T WANT ANY PROBLEMS AND OF COURSE NOT TO PAY FOR ANY THINGS AND NOT SIGN ANY CONTRACTS.

Where can I find the safe description of 'bussiness justification'. Unless I know this, I can't bargain.

Please help me with useful comments.

Thank you

Don't count like that My company lawyer told me to just count the based salary ( not even count bonus which can reach 15-25% annual salary). It is lucky mine is over PWD.