EB2 and PERM

C

chanduv23

Registered Users (C)
My case was filed under EB3 longtime back. As per the criteria for EB2 (Masters +2 years revelent exp prior to current job or bachelors + 5 years revelant exp prior to current job) acc to my lawyer I do qualify for EB2.
Does anyone know if EB2 still has the same category under PERM? My lawyer is not 100% clear on that.
PERM categorizes EB2 and EB3 under O*Net codes and is confusing.
I am just waiting to see if I qualify for EB2 under PERM.
Any ideas???
 
Right. But my question is, is there a difference between EB2 under PERM and EB2 under regular L/C.
If I qualify for EB2 under regular L/C will I also qualify for EB2 under PERM?

I was told that the job codes differ in PERM. They use O*Net codes
 
If you happen to work in Software positions roles then its difficult to justify under EB2-PERM unless your employer tells its 'Business neccessity' and should be ready for an audit by DOL.No easy way !!
 
Ok, I am a technical architect and I integrate wireless systems at our various customer sites, I dunno if that is a software position, but it needs a lot of functional and technical skill and experience in integrating various wireless systems. There are very few of us with this skill in our company, I am not sure if this comes under software, but my previously filed EB3 shows that I am a software engineer writing C++ code which I was and am, but that just restricts me as software engineer and that is not exactly the position my company hired me for but it was just lawyer's convinience.
Thanks for the responses. I feel that anything related to software will be difficult under EB2 and companies will not take pain to go out of their way file for EB2. I was just trying, the lawyer raised some hopes that my case can be filed under EB2 again.
 
Hi,

Refer the following thread about EB2/EB3 discussion. Generally in PERM, EB2 is possible only for managerial position with wage level 3 or 4.

EB2/EB3
 
H1B-GC said:
Refer to the link below to find out your position .If u have an Eletrical or Electronics Engg. degree then life could be easy with EB2.Best of Luck!!

http://online.onetcenter.org/find/family/title?s=17&g=Go
Click to expand...

I am an Electronis & Telecom Engineer by Education but my 10+ years of expeirnce has been mainly in to Sales & Business Development for IT & S/W services.

How can I leverage my education in Electronics Engineering for EB-2?

I will appriciate any ideas / suggestions.

Thanks,
 
APD, from what I heard is that it is possible, but EB2 and PERM will have strict scrutiny on job being performed and penalties will be high.

Please consult with a lawyer and see if the company can take that risk of applying under EB2 climing that ur job is Electrical engg job.

Same goes with my case, so I gave up hopes on EB2
 
It is risky not just to you but to the comp

Unfortunately it is not our qualification but the job position we are in. EB-2 will not work for software junta as was noted above...it can be useful for mangerial positions. As per the risk, if your company breaks their guidelines they can be punished to the extent of not letting them apply anymore PERM cases for upto 2 yrs. Now that is risky for any company, I am sure they might not want go forward unless they change their name and stuff for future cases ( which is very rare).

Stick to the old process atleast you can get that priority date or wait until some PERM cases are approved. Then you can apply in that as well.

chanduv23 said:
APD, from what I heard is that it is possible, but EB2 and PERM will have strict scrutiny on job being performed and penalties will be high.

Please consult with a lawyer and see if the company can take that risk of applying under EB2 climing that ur job is Electrical engg job.

Same goes with my case, so I gave up hopes on EB2
Click to expand...
 
I checked out some managerial positions related to my job function. All of them are in zone 4. Isn't that only occupations in zone 5 qualify for EB2 wihtout added business nessasity? Thanks.

panduputhran said:
Hi,

Refer the following thread about EB2/EB3 discussion. Generally in PERM, EB2 is possible only for managerial position with wage level 3 or 4.

EB2/EB3
Click to expand...
 
rest_2004_free said:
Unfortunately it is not our qualification but the job position we are in. EB-2 will not work for software junta as was noted above...it can be useful for mangerial positions. As per the risk, if your company breaks their guidelines they can be punished to the extent of not letting them apply anymore PERM cases for upto 2 yrs. Now that is risky for any company, I am sure they might not want go forward unless they change their name and stuff for future cases ( which is very rare).

Stick to the old process atleast you can get that priority date or wait until some PERM cases are approved. Then you can apply in that as well.
Click to expand...

Thanks for your response "rest_2004_free" & "chanduv23"
I did have some idea that this could be risky but I am exploring each and every possbility at this stage.
I am no living any stone unturned before I give up on my GC hopes.
 
meg_z said:
I checked out some managerial positions related to my job function. All of them are in zone 4. Isn't that only occupations in zone 5 qualify for EB2 wihtout added business nessasity? Thanks.
Click to expand...

I consulted a good lawyer on this. Even though many Managerial positions are in Job Zone 4 they will qulaify for EB-2 with Wage Level of 3 or 4. Acording to the lawyer such cases will not go in to Audit eventhough you may have to present it as a business necessity.

I am having a job offer from Bay Area CA and for such a position the salary is supposed to be more thn 106K. No one is going to pay me that much so it does not work for me. It is frustrating.

My conclusion is that this administration does not want any more Permanent Residents. Thye jsut want the knowledge workers like us as Bonded Labors.
 
You are right. Everytime you reach a goal, the goal post is moved further away. In the Atlanta branch of our office, I am the only h1b, my collegues and bosses are eagerly following up with me on all these issues. They just cannot believe that such things can happen.
Things must change and are bound to change sometime.
 
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