Here Is My Story: Eb-3 And Then Eb-2

G

gorgorita

Registered Users (C)
Hello
Here is my story:
We filed EB-3 for Database Administrator (BS+1y exp) in september, 06. My lawyer made a mistake in dates. (she dated the document a year earlier) So, my application was denied. She appealed, and ever since they put me on hold.
Recently, I was promoted to Plant Manager
We want to file EB-2 with min reguirement MS + 1 year exp. I have MS in Industrial Ingeneering(not from US). No alternate degrees. As I've read, it's SVP level -7. Is that right? Planning to answer YES for H12 question
Do I have any chances? Would previous eb3 file trigger an audit?
My lawyer doesn't have any experience with audit and afraid my application may be audited. That is why she asked me to write a business necessity argument and sent it along with the application. You think that's neccessary?
Please, help me find out if it's possible for me to file under EB-2, as this is my only chance. ( i am on my 6th year h1b)
Thank you for your advices
 
Last edited by a moderator:
gorgorita said:
Hello
Here is my story:
We filed EB-3 for Database Administrator (BS+1y exp) in september, 06. My lawyer made a mistake in dates. (she dated the document a year earlier) So, my application was denied. She appealed, and ever since they put me on hold.
Recently, I was promoted to Plant Manager
We want to file EB-2 with min reguirement MS + 1 year exp. I have MS in Industrial Ingeneering(not from US). No alternate degrees. As I've read, it's SVP level -7. Is that right? Planning to answer YES for H12 question
Do I have any chances? Would previous eb3 file trigger an audit?
My lawyer doesn't have any experience with audit and afraid my application may be audited. That is why she asked me to write a business necessity argument and sent it along with the application. You think that's neccessary?
Please, help me find out if it's possible for me to file under EB-2, as this is my only chance. ( i am on my 6th year h1b)
Thank you for your advices
Click to expand...

DOL will automatically reject your EB2 PERM application if a previous PERM application (either EB3 or EB2) is still pending. Either you have to wait for a decision or withdraw the first one before filing a new one.
 
Well, I confused you. The thing is, that the EB-3 is for Database Administrator, IT department. EB-2 will be for Plant Manager, which is an Ingeneering position. My lawyer said, it's ok.
Now, my question is if I can file under eb2 my new position?
should I file with requirement MS+0 or MS+1? Is it SVP level 7?
 
gorgorita said:
Well, I confused you. The thing is, that the EB-3 is for Database Administrator, IT department. EB-2 will be for Plant Manager, which is an Ingeneering position. My lawyer said, it's ok.
Now, my question is if I can file under eb2 my new position?
should I file with requirement MS+0 or MS+1? Is it SVP level 7?
Click to expand...

No you did not confuse me. Although positions are different, beneficiary is the same, i.e. you. DOL does not want two pending applications for same person for obvious reasosns.

For your other questions, someone else might be able to guide you better.
 
Need suggestion from Immigration Guru!!!

Hello,

I am from Rest of the World. Please read the following and help with your suggestion:

1. I have file PERM EB3 in June 2005 and then I-140 approved can't file I-485.

2. I have filed RIR EB3 in November 2003 approved then filed I-140 in EB2 (under exceptional ability) denied as my labor required BS degree and 2 yrs experience. Lawyer filed appeal and pending for last three months not sure going to approve or not.

3. Then filed PERM EB2 from same company for different position. In process for last 90 days. Although I know some people got approved 2nd PERM from same company but DOL is trying to restrict this, stupid and crap idea.


Now looks like I am forced to change my employer by DOL to file 2nd PERM. I know it is going to be very hard for me to find a new employer becasue I am in a consulting business can't find lot of deshi companies. I have only year and half left on my H1B. Now if I find a new employer to file EB2 PERM, should I take that opportunity? or counting days and years..........and smoke more and more more and more and then drink and get Fu* up myself.


Please help :mad: :D :eek: :rolleyes: :confused: :p :o


Chicago Desi said:
No you did not confuse me. Although positions are different, beneficiary is the same, i.e. you. DOL does not want two pending applications for same person for obvious reasosns.

For your other questions, someone else might be able to guide you better.
Click to expand...
 
Last edited by a moderator:
You must log in or register to reply here.
Top