Hi guys,
Here's my situation. I started with the company right after college as a programmer II and have been working for almost 6 years now. I currently have a pending traditional case (PD Mar. 24, 05) for the programmer II position and my H1B will expire next Feb. My concern is since this position is basically an entry level job with no special requirements and experience (i.e any college graduates), we won't be able to prove that there are no qualified candidates. I'm also working on getting promoted to a Programmer Analyst hoping that it will be different enough from the Programmer II position so that I can use my experience with the company through PERM. Here are my questions:
- Is there a way to see if the 2 positions are different enough so that the experience gained with the same employer can be used? I currently see no chance for the pending app to be approved since any college graduate with no experience can fill that position.
- Should we start recruiting right now for the new position or do we need the PWD first? What would you recommend for the recruitment steps? Can these be done before I actually get promoted? I'm hoping that if we start right now, we'll be able to file PERM sometime in late August or early September and if it gets approved, can file the I-485 and I-140 after Oct 1 since I'm not from the retrogressed countries. However, if retrogression happens to all EB3 countries, what are my options regarding getting an EAD or extending my H1B given I have only 8 months left?
- If a PERM application is filed for the new position, what will happens to the pending app given the 2 positions are different?
Sorry about the long post and thank you in advance.
Here's my situation. I started with the company right after college as a programmer II and have been working for almost 6 years now. I currently have a pending traditional case (PD Mar. 24, 05) for the programmer II position and my H1B will expire next Feb. My concern is since this position is basically an entry level job with no special requirements and experience (i.e any college graduates), we won't be able to prove that there are no qualified candidates. I'm also working on getting promoted to a Programmer Analyst hoping that it will be different enough from the Programmer II position so that I can use my experience with the company through PERM. Here are my questions:
- Is there a way to see if the 2 positions are different enough so that the experience gained with the same employer can be used? I currently see no chance for the pending app to be approved since any college graduate with no experience can fill that position.
- Should we start recruiting right now for the new position or do we need the PWD first? What would you recommend for the recruitment steps? Can these be done before I actually get promoted? I'm hoping that if we start right now, we'll be able to file PERM sometime in late August or early September and if it gets approved, can file the I-485 and I-140 after Oct 1 since I'm not from the retrogressed countries. However, if retrogression happens to all EB3 countries, what are my options regarding getting an EAD or extending my H1B given I have only 8 months left?
- If a PERM application is filed for the new position, what will happens to the pending app given the 2 positions are different?
Sorry about the long post and thank you in advance.