does your title on H1-b have to match the one on PERM

kae_jolie

Registered Users (C)
Hi,
Can one use the LCA done for H1-B for the PERM process?

Also, do the job titles on H1-B have to match the ones for PERM?

Also, what is considered EB2 in PERM? I am senior software developer. I don't know how to check what level my salary is? Is bonus considered in salary, too? Please refer me to the website where I can check my job title and salary.

Thank you.
 
kae_jolie said:
Hi,
Can one use the LCA done for H1-B for the PERM process?
NO, it is something entirely different.

Also, do the job titles on H1-B have to match the ones for PERM?
Can but don't have to. GC is for future job.

Also, what is considered EB2 in PERM?
It is EB-2 in I-140 not PERM; you set PERM up to get EB-2 I-140 out of it.

I am senior software developer. I don't know how to check what level my salary is?
SWA (state workforce agency) does PWD
Is bonus considered in salary, too?
No

Please refer me to the website where I can check my job title and salary.
There's no such website. The closest thing is ONET.
 
kae_jolie said:
Hi,
Also, what is considered EB2 in PERM? I am senior software developer. I don't know how to check what level my salary is? Is bonus considered in salary, too? Please refer me to the website where I can check my job title and salary.

Thank you.

kae_jolie,
EB2 is for the I-140 & I-485 processes. Labor Certification is only to prove that there are no qualified U.S. Citizens/ LPRs available for your job. At the Labor Certification process, you specify the degree and the experience required for the job. This will determine later on as to the category you can apply for : EB2 or EB3.

For EB3 you need atlease a four year Bachelor's degree (although I have head of one case where a three year Bachelor's degree was proved to be the same as four year through Credential Evaluations) and 0+ yrs of experience.

For EB2 you need atleast A four year's Bachelor's degree with 5+ yrs experience OR a Master's degree with 0+ yrs of experience.

The best place to determine what your wage could be is from the DOL's Online Wage Library. The URL for this site is:
http://www.flcdatacenter.com/OesWizardStart.aspx

PERM filed: May 22nd, 2006
PERM approved: June 9, 2006 :)
 
Thanks a lot columbus_dude, could you tell me about what category did you file PERM under? EB2 or EB3? Also, what's the title of your job?

I am thinking about applying for PERM EB2, even though I have applied for Labor cert twice before. First time, I got laid off after LC. Second time, my lawyer applied in EB3 category and I got screwed with retrogression, even though I have a Master's and I am a Manager. My title now is Sr. Systems software engineer. I looked at the wages for this position and for level 3, it's 76K. I will be making this next April 2007. Now I'm making 67K. Since the GC is for future position, my employer could put the future salary instead of the current salary, right? Also, I am the System administrator at my company, so I could put that, instead, and I easily meet the level 4 salary of 68K, but I am not sure if I want to do that. What do you think? Is it true that for PERM EB2, you need to be paid Level 3 or 4 wage? If you could answer these questions and share with us your experience in detail, it would be very much appreciated.

Thank you.
 
kae_jolie said:
Thanks a lot columbus_dude, could you tell me about what category did you file PERM under? EB2 or EB3? Also, what's the title of your job?
kae_jolie,
I filed PERM with requirement of BS + 5yrs with alternate requirement of MS + 2yrs. This will let my employer file for I-140 under the EB2 category. The title of my job in the PERM application is Software Engineer/ Analyst.

kae_jolie said:
My title now is Sr. Systems software engineer. I looked at the wages for this position and for level 3, it's 76K. I will be making this next April 2007. Now I'm making 67K. Since the GC is for future position, my employer could put the future salary instead of the current salary, right?
If you are confident that you will meet the target of 76K next April, go ahead and advertise for Sr. Systems Software Engineer. The upside to this is that you can specify that Masters is required - which will limit the number of people who will answer the advertisement. The down side to this is that when you file for I-140, you must provide enough documentation to prove that your company had enough resources to pay 76K from the day they started the GC process for you. If there are other people in your company in the same boat as you (i.e. have filed I-140 or have approved I-140), USCIS will ask proof for resources covering all those people.

kae_jolie said:
Also, I am the System administrator at my company, so I could put that, instead, and I easily meet the level 4 salary of 68K, but I am not sure if I want to do that.
Even though my salary was enough to cover Sr. Software Engineer/Analyst, the lawyer worded the position in the advertisement as Software Engineer/ Analyst and SWA returned level 3 instead of level 4. The lawyer said that it is always better to play it safe.

kae_jolie said:
What do you think?
Although I disagreed with the lawyer on the job title, he proved to be correct. My PERM application was approved in less than three weeks. So I think it is good to go with a lower title. The lawyer had told me that a lower title also means that the job is less restrictive, which means that the chances of a red-flag being raised is also lowered. The downside though is that you get more responses. In the end, I am happy that I went with the lawyer's advice. Ofcourse, everyone's position is unique, and the best option for you would be to get a good lawyer and go by what he/ she tells you.

kae_jolie said:
Is it true that for PERM EB2, you need to be paid Level 3 or 4 wage? If you could answer these questions and share with us your experience in detail, it would be very much appreciated.
I am not sure of this requirement. I always thought that EB2/ EB3 is determined by experience and/ or educational qualifications. And the SWA determines the wage appropriately. It is entirely possible that the requirement for an EB2 job automatically puts you in the Level 3 or Level 4 wage. So it might all boil down to how the wording of the job requirement is put together by your lawyer.
 
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