Hi
I am on H1b from Belize. I have a RIR application with a priority date of
august 2004 that is stuck in one of the backlog center. Have not even
received the 45 day letter yet. To make matters worse, it is an
application in the EB3 category which as you know is seriously
retrogressed.
What I want to convince to my employer and the immigration lawyer
assisting us is to start a new application through PERM that will
provide a quicker labor certification. I would like to keep the
existing application as a back up plan. I also want to get this new
application in the EB2 category.
The problem that I faced with the first application and the problem I
am facing with this petition I am contemplating, is meeting the
requirements of the EB2
I actually have an advanced degree however it is not REQUIRED for the
job. I am sure my employer will be uncomfortable saying that it is.
So my next approach to get in the EB2 category is using my bachelors
with 5 years experience. I have 4 years experience with firms
unrelated to my current employer AFTER I obtained my bachelors
which is obviously not enough.
I read on this immigration newsgroup a thread that kinda suggested that the
experience I earned while in college could in certain circumstances
also be counted towards the 5 years + BS to qualify for the EB2
category. Is that correct?? If so, please give me some direction as
to where I can find authority to support that. If I included the
experience I got during college plus the 4 years, I would meet the 5
year minimum EB2 requirement.
As a second alternative to solve this problem, here is another
approach I am considering. Since I started working for this company,
I have since been promoted to a managerial position in the same line
of work. However under the DOT I am pretty sure this is a completely
different occupation. Is it possible to count the experience I
earned at the lower position towards the 5 years?? If I included the
experience I earned at the lower position plus the 4 years, I would
meet the 5 year minimum EB2 requirement.
My third and final question is whether I can retain my existing RIR
application in the backlog center while I pursue this alternative.
Thanks for your help.
Randy
I am on H1b from Belize. I have a RIR application with a priority date of
august 2004 that is stuck in one of the backlog center. Have not even
received the 45 day letter yet. To make matters worse, it is an
application in the EB3 category which as you know is seriously
retrogressed.
What I want to convince to my employer and the immigration lawyer
assisting us is to start a new application through PERM that will
provide a quicker labor certification. I would like to keep the
existing application as a back up plan. I also want to get this new
application in the EB2 category.
The problem that I faced with the first application and the problem I
am facing with this petition I am contemplating, is meeting the
requirements of the EB2
I actually have an advanced degree however it is not REQUIRED for the
job. I am sure my employer will be uncomfortable saying that it is.
So my next approach to get in the EB2 category is using my bachelors
with 5 years experience. I have 4 years experience with firms
unrelated to my current employer AFTER I obtained my bachelors
which is obviously not enough.
I read on this immigration newsgroup a thread that kinda suggested that the
experience I earned while in college could in certain circumstances
also be counted towards the 5 years + BS to qualify for the EB2
category. Is that correct?? If so, please give me some direction as
to where I can find authority to support that. If I included the
experience I got during college plus the 4 years, I would meet the 5
year minimum EB2 requirement.
As a second alternative to solve this problem, here is another
approach I am considering. Since I started working for this company,
I have since been promoted to a managerial position in the same line
of work. However under the DOT I am pretty sure this is a completely
different occupation. Is it possible to count the experience I
earned at the lower position towards the 5 years?? If I included the
experience I earned at the lower position plus the 4 years, I would
meet the 5 year minimum EB2 requirement.
My third and final question is whether I can retain my existing RIR
application in the backlog center while I pursue this alternative.
Thanks for your help.
Randy