shovonbd said:Dear Forum
I got my EB3 approved on july...I have a Masters Degree..Now Can I file a EB2 PERM keeping that EB3 approved.
Or I have to Cancel that EB3 and then can file a EB2 PERM..
Also how to cancel a Approved PERM.
Please advice............HELP
newbies said:Noone can cancel approved labor. If the second PERM is for other company, you are fine.
If it is for the same company, I doubt in both terms: you already have 1 approved LC with that company and you receive your MS while working for that company (that education could not be counted in I140 stage)
perm08 said:If I have MS degree before I joined my company. Can I file a second one from same company for different Job opportunity? If so what would be the requirement MS+0 years or ........? if I want keep my wage level same Level 2, as determined in first PERM application for EB3 for BS +2 years experiece
Thanks
newbies said:Make sure the new job desc is 90-100% different from the previous one in both desc and skill set. Or your new application will be denied (Read new memo on multiple PERM application).
Of course, you need to resubmit for PWD with the new desc and requirement, you can not use the previous PWD.
-me- said:the new memo says nothing about this sort of situation. It primarily addresses an issue, that several LC are pending at the same time.
Logically, I don't see any problem filing EB-2 after getting EB-3 approved with the same employer.
Yes, a new position desc must be different, but not 90-100%. It must comply with DOL requirement for EB-2. And yes, it requires new PWD and recruiting.
perm08 said:Please help me to understand EB-2 requirment. How you change your job description 90-100%, while your company do same business. Postion name would be different. Jobs decscription would be little different. Education requirement MS+0? or MS+6 Months or ....?
Please help
-me- said:I didn't say that your position desc must be 90-100% different. Newbies does, so ask him. My point is that the position desc and education required must satisfy DOL requirement on EB-2. If your company can offer you a position like that, then even if you already have eb-3 approved, you can file new eb-2 case.
newbies said:That is what my understanding on the memo. Of course, you can try to do the second one with the same job desc and play around with the skill set and experience to see what happens.
It is up to you to do the risk
-me- said:Hey, nobody talks about the same requirements. However they shouldn't be absolutely different. Let's say in programmer's case it could be ok to substitute "application development" by "project management" etc. However, something like "analysis of requirements" can still be in place.
So, my point is to be creative.
BTW, I haven't found any sign of eb-3 to eb-2 issue in the latest DoL memo. Or you are talking about another one?
newbies said:I am talking on the same one. I just play safe But it is up to each player to do their work. Don't make things so obvious to be seen as fraud.
If you put 2 different job titles with similar desc, what happen?
If you put 2 different job titles with different desc, what happen?
Just think about that. Let see. programmer job desc and "project management" should be a lot different right? One is strong on coding. Other is strong on management or scheduling. I don't suggest to lie but need to do wording better for the second one, so DOL looks in and see the different.