Perm Gurus - need your valuable advice

yogkc

Registered Users (C)
Per gurus, I need your input regarding my PERM application.

I graduated with BS in Computer Information Systems in 1997 and have worked for 5 years with previous employers (three). I have been with current company since March 2004. We are trying EB2.

The job was advertised saying following:
Systems Administrator needed: Bachelor's Degree & 5yrs of progressive exp

I don’t have that much trust on company attorney (I had to use her) so I am hoping to get your suggestions. What should be the right answer for the section J in ETA Form 9089?

17. Did the alien complete the training required for the requested job opportunity, as indicated in question H.5?

18. Does the alien have the experience as required for the requested job opportunity indicated in question H.6?

19. Does the alien possess the alternate combination of education and experience as indicated in question H.8?

20. Does the alien have the experience in an alternate occupation specified in question H.10?

21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested?

22. Did the employer pay for any of the alien’s education or training necessary to satisfy any of the employer’s job requirements for this position?

23. Is the alien currently employed by the petitioning employer?


I appreciate your help.
 
yogkc
per me
q.17 n/a
q.18 yes
q.19 n/a
1.20 yes
q.21 no (on assumption you accumulated 5 years progressive work experience with previous employers, not with petitioning employer)
q.22 no
q.23 yes
 
whitemimauz3 said:
yogkc
per me
q.17 n/a
q.18 yes
q.19 n/a
1.20 yes
q.21 no (on assumption you accumulated 5 years progressive work experience with previous employers, not with petitioning employer)
q.22 no
q.23 yes

Thanks for your input. I think the same as you but my lawyer says NO to #18. I don't know how to convince her :(
 
Does the job title in the Perm Form match the job title you had with the previous employer ?

Have you had progressive experience in the Job Duties mentioned in the Perm (9089)Form ?

If the answer to the above 2 are yes, then J18 can be YES.

Gurus, Correct me If I am wrong.
 
one more question

Can you guys confirm the following?

Should the salary offered on the job order be equal to or greater than the Prevailing wage determined. Here is my issue:

My PWD form that went from my lawyer to the SWA mentioned 76k as the offered salary. The SWA came back with the prevailing wage of 77K. My lawyer went ahead with the job order with the offered salary of 76K.

Will this be a problem while applying for PERM?



Adityaps said:
Does the job title in the Perm Form match the job title you had with the previous employer ?

Have you had progressive experience in the Job Duties mentioned in the Perm (9089)Form ?

If the answer to the above 2 are yes, then J18 can be YES.

Gurus, Correct me If I am wrong.
 
yogkc said:
Thanks for your input. I think the same as you but my lawyer says NO to #18. I don't know how to convince her :(

Don't worry. Your lawyer is not wrong. Your LC is still likely to get certified based on what your lawyer has answered.

If your previous job title and duties do not exactly match the current job with your sponsoring employer, lawyer has to answer question 18 as "No".

Note that you are still qualified for the job through 5 yrs experience in an alternate occupation(s) (which is acceptable as per lawyer's answer for question H-10).
 
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only my job order and PWD form says offered sal as 76K; all other recruitment efforts such as in-campus posting, website posting etc says 77K; will it still be an issue?

whitemimauz3 said:
Wellwisher007
Offered salary should be equal to or greater than 77K
 
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