I-140 Query URGENT (RFE-Denial-MTR) – Multiple Emp/PERM

Rahul Modi

New Member
Employer 1 --PERM 1 (EB2)

Received RFE due to degree requirement was checked as "Other" while i have done MBA from US. Another reason was Ability to pay. The employer has more than 500+ consultants and MM$$ as profit and paying on time. Responded with all financials but received denial on both grounds (PERM Edu+ Ability to pay) so had to file the MTR, after 6 months in MTR we received the final denial again [Details unknown]

Question 1: Is the issue with “Others” in PERM for an “MBA” candidate big enough to raise the concern?



Employer 1--PERM 2 (EB2)

The PERM 2 has the corrected checkbox on education (Masters) but has different current/future job titles (e.g Currently “QA” future “Software developer”). The work exp is all related to QA, with background as BS and MBA.

Question 2: Have seen few approvals with no issues on forum, does this raise a concern?



Employer 2—PERM 3 (EB2)

Asking me to Transfer and will start the EB2 PERM right away,

Question 3: With only 6-8 months remaining on completion on 6 yrs of H1B. Is this good decision to Risk for H1B Transfer (EVC) and start the PERM?



The Last Question:

Question 4: While on approved H1B with help of PERM from employer A [1 Year], can we transfer the H1B to employer B. Does the employer B have to file a PERM to onboard me or just transfer?



What decision to make

1. Stick to PERM 2, go for extension and hope for best

2. Jump to employer 2 file transfer (EVC), extension on PERM 3, if no gaps than i-140
 
1st PERM: Even though your degree requirement was checked as 'Other' as long as you fulfill the 'other' degree I believe you should have met education requirements. Reg ability to pay employer needs to show evidence that is has ability to pay proffered wages as mentioned in ETA 9089 from the time labor certification is filed & continues to have ability to pay until I-485 adjudicates. I don't know if previous recruitment is still good or expired since it is good for 180 days prior to PERM filing.
2nd & 3rd PERM: Prevailing wage determination & PERM processing takes approximately 7 to 8 months if it is unaudited to get approval, If you have 7-8 months remaining from 6 years of H-1B I believe you could be very close to maxing out H-1B. For you to extend H-1B beyond 6 years either PERM should have been filed before the start of 6th year of H-1B in which case you 1 year H-1B extension increments OR if I-140 is approved you might get 3 years of H-1B extension
 
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