Great guru or united nations plz help on my New PERM EB2
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003. I am on my 6th year of H1B and the extension of H1B has been approved for another 3 years till 2009. My current pending EB3 petition is applied for as Programmer analyst and so is my approved current H1B petition.Also I have had 2.5 years of previous employment experience as Programmer Analyst(1.5 years in US and 1 yr in India) and a Master's degree in Computer science(in US) before I joined my current employer for whom I have worked for 5 years as Programmer Analyst on H1B.
My lawyer’s advice to Me:
His advice was to file for a new EB2 petition (since I had a Master’s degree before I joined the current employer) with the SAME EMPLOYER on the job code 11-3021.00 as Computer and Information system manager position. At the I-485 stage I could transfer my EB3 PRIORITY DATE OF JULY 2003(FROM THE SAME EMPLOYER) onto this new EB2 application thereby expediting the processing of the green card.
I have some questions based on this could you please answer:
1)As per my lawyer’s advice he wanted to file the new EB2 petition with the job code 11-3021.00 as Computer and Information system manager position. I didn’t have this experience before I joined my current company though I gained it with my current company.
***1a. Will it be OK to file for “Computer and Information system manager” position (senior position) WITHOUT me having that experience before I joined the current company though I gained in my present employment.
***1b. If a) is ok, based on my knowledge in RIR Labor Certification they DIDN’T allow to use the present employer’s experience while filing for the Labor certification for the same employer. Then how is this POSSIBLE in PERM Labor certification? Could you please ELABORATE in detail how this is possible and point me to any legislative articles if any.
***1c.In I-140 WOULDN’T CURRENT EXPERIENCE POSE ISSUES when we say that only in current employment some of the experience related to managerial skills were procured while the previous employment experiences were only as Programmer analyst.
***1d. Is it OK TO HAVE A PROMOTED SENIOR POSITION in the new
EB2 petition as Computer Information system manager though my
CURRENT PENDING EB3 PETITION IS APPLIED FOR AS
PROGRAMMER ANALYST AND SO IS MY APPROVED CURRENT
H1B PETITION? If it is OK, please let me know WHY SO and
if it is NOT OK please let me know WHY SO.
2) In case of ANY DENIALS along the NEW EB2 PETITION with the SAME EMPLOYER/EMPLOYEE will it AFFECT current pending EB3 application (at the consular processing stage) with the same employer/employee?
***2a) what will HAPPEN to the denied EB2 petition? Will it impact my PRESENT/FUTURE IMMIGRANT/NON-IMMIGRANT status/petition of mine?
3) Do you see any RISKS that this will be introduced into my EXISTING IMMIGRATION/NON-IMMIGRATION STATUS because of filling the above new EB2 petition? What are the chances of its SUCCESS? Would you RECOMMEND doing it?
My employer supports me in the process to the fullest extent.
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003. I am on my 6th year of H1B and the extension of H1B has been approved for another 3 years till 2009. My current pending EB3 petition is applied for as Programmer analyst and so is my approved current H1B petition.Also I have had 2.5 years of previous employment experience as Programmer Analyst(1.5 years in US and 1 yr in India) and a Master's degree in Computer science(in US) before I joined my current employer for whom I have worked for 5 years as Programmer Analyst on H1B.
My lawyer’s advice to Me:
His advice was to file for a new EB2 petition (since I had a Master’s degree before I joined the current employer) with the SAME EMPLOYER on the job code 11-3021.00 as Computer and Information system manager position. At the I-485 stage I could transfer my EB3 PRIORITY DATE OF JULY 2003(FROM THE SAME EMPLOYER) onto this new EB2 application thereby expediting the processing of the green card.
I have some questions based on this could you please answer:
1)As per my lawyer’s advice he wanted to file the new EB2 petition with the job code 11-3021.00 as Computer and Information system manager position. I didn’t have this experience before I joined my current company though I gained it with my current company.
***1a. Will it be OK to file for “Computer and Information system manager” position (senior position) WITHOUT me having that experience before I joined the current company though I gained in my present employment.
***1b. If a) is ok, based on my knowledge in RIR Labor Certification they DIDN’T allow to use the present employer’s experience while filing for the Labor certification for the same employer. Then how is this POSSIBLE in PERM Labor certification? Could you please ELABORATE in detail how this is possible and point me to any legislative articles if any.
***1c.In I-140 WOULDN’T CURRENT EXPERIENCE POSE ISSUES when we say that only in current employment some of the experience related to managerial skills were procured while the previous employment experiences were only as Programmer analyst.
***1d. Is it OK TO HAVE A PROMOTED SENIOR POSITION in the new
EB2 petition as Computer Information system manager though my
CURRENT PENDING EB3 PETITION IS APPLIED FOR AS
PROGRAMMER ANALYST AND SO IS MY APPROVED CURRENT
H1B PETITION? If it is OK, please let me know WHY SO and
if it is NOT OK please let me know WHY SO.
2) In case of ANY DENIALS along the NEW EB2 PETITION with the SAME EMPLOYER/EMPLOYEE will it AFFECT current pending EB3 application (at the consular processing stage) with the same employer/employee?
***2a) what will HAPPEN to the denied EB2 petition? Will it impact my PRESENT/FUTURE IMMIGRANT/NON-IMMIGRANT status/petition of mine?
3) Do you see any RISKS that this will be introduced into my EXISTING IMMIGRATION/NON-IMMIGRATION STATUS because of filling the above new EB2 petition? What are the chances of its SUCCESS? Would you RECOMMEND doing it?
My employer supports me in the process to the fullest extent.
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