EB3 I-140 is approved , but want to re-apply my I -140 in EB2.

K

kalyanravi20628

New Member
I am in a situation and I need your help !!!! My case is below:

I am currently hired with a fortune 500 company and I am Engineer 3 level. I have Masters degree from USA and with 6 years of Exp. Currently my company has filled my PERM, and I140 in EB3 and I got it approved. But I want to re-apply in EB2. I even spoke to my company attorney and they said , they cannot do it EB2 because the job requires bachelor + 5 yrs of Exp. The company is saying , its company policy and we do not do Eb2 below Principal or Manager level. My questions is what all options do I have and how should I proceed with this situation. Please help !!!!!


Thanks in advance
 
kalyanravi20628 said:
I am in a situation and I need your help !!!! My case is below:

I am currently hired with a fortune 500 company and I am Engineer 3 level. I have Masters degree from USA and with 6 years of Exp. Currently my company has filled my PERM, and I140 in EB3 and I got it approved. But I want to re-apply in EB2. I even spoke to my company attorney and they said , they cannot do it EB2 because the job requires bachelor + 5 yrs of Exp. The company is saying , its company policy and we do not do Eb2 below Principal or Manager level. My questions is what all options do I have and how should I proceed with this situation. Please help !!!!!


Thanks in advance
Click to expand...

Look for a job that qualifies for EB-2 with another employer or apply for a position that qualifies as EB-2 with the same employer.

It is the actual POSITION that determines the classification. The alien worker only comes into play if the employer is unable to find a U.S. worker for the POSITION.
 
Joe ,


Please see the job/position requirement

Requirements B.S. in Computer Science or Electrical Engineering, MS preferred or equivalent work experience Minimum Experience:
-5 years of direct support experience with accountability for availability -5 years combined design and support/administration experience in Oracle Weblogic Server -1 year of dedicated focus on design and support/administration Oracle AquaLogic BPM (ALBPM) and AquaLogic Service Bus (ALSB ) preferred -Understanding of Service Bus concepts and implementations -5 yrs combined development & support of complex high volume transactional systems -7 years of combined programming/scripting experience in any of the common programming languages such as Java, C++ and scripting languages such as Perl, Shell, AWK etc -5 years integrating Weblogic environments with monitoring platforms including the ues of custom scripts -5 Years development or support experience with Oracle and MySQL -7 years of Linux or Unix experience, Solaris preferred -3 years XML messaging


Position clearly mentions that BS or MS or equivalent Work experience.


Thanks again
 
kalyanravi20628 said:
Joe ,


Please see the job/position requirement

Requirements B.S. in Computer Science or Electrical Engineering, MS preferred or equivalent work experience Minimum Experience:
-5 years of direct support experience with accountability for availability -5 years combined design and support/administration experience in Oracle Weblogic Server -1 year of dedicated focus on design and support/administration Oracle AquaLogic BPM (ALBPM) and AquaLogic Service Bus (ALSB ) preferred -Understanding of Service Bus concepts and implementations -5 yrs combined development & support of complex high volume transactional systems -7 years of combined programming/scripting experience in any of the common programming languages such as Java, C++ and scripting languages such as Perl, Shell, AWK etc -5 years integrating Weblogic environments with monitoring platforms including the ues of custom scripts -5 Years development or support experience with Oracle and MySQL -7 years of Linux or Unix experience, Solaris preferred -3 years XML messaging


Position clearly mentions that BS or MS or equivalent Work experience.


Thanks again
Click to expand...


The real issue is "How much VERIFIABLE and QUALIFYING experience did you have on the date the EB-3 Labor Cert was filed?"

In addition, EB-2 is for a "professional" with an "advanced degree". A licensed engineer is a professional but only if that particular type of engineer requires a license in order to perform in that field and this particular POSITION is for a licensed engineer. See INA 203(b)(2) and especially (C).

See: http://www.bls.gov/oco/ocos303.htm for software engineers.

See: http://www.bls.gov/oco/ocos027.htm for other engineers.


It is the employer who determines the POSITION that is actually being offered, not the employee.
 
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