Labor Certificate Strategy

jwh

Registered Users (C)
Hi, All Guru here, please help,

I am now a software Engineer in a company. I have a Ph.D in Mechanical Engineering and one master degree in computer science. After I graduated, I have been working as a software engineer for two years. Can I apply my green card by my PhD degree in Mechanical Engineering if my current employer agrees to open a new future job position on Mechanical Engineering for me? I know if these two jobs are in different company, then Ok. Right now, my situation is that two total different jobs are in the same company. So, Labor Department may think my company deliberately tailor the job for my eligibility and my green card, right?

Will Labor Certificate have trouble?
If LC succeeds, will I140 and I485 have trouble?
After I get GC, will I must work on Mechanical area?

Thank in advance for your reply.

GC Girl:confused:
 
On the onset - let it be clear - all depends on Cert. Officer and none else. Your apprehensions are valid. Labor Dept may think that job has been tailored.

Why do you want your employer to open a job in Mech. Engg.? You would in a be better situation applying GC using Software - as Master's is good enough for EB2 and Ph.D. does not adds any more. Besides you have experience of two years in this field.

The problem will be in stage of Labor only as Labor Department will most probably ask your company to withdraw one of the applications.

As for 485 - you cannot have multiple 485s - so any case you will have to make up your mind.

Afer you get GC-you are free to do whatever you want-you can try becoming a cabbie too. :cool:
 
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