PERM Gurus - Your Advice Please

A

Adityaps

Registered Users (C)
Hi Everybody,

Have few queries about the ETA 9089 form :
Details are below. Please correct me on this form.

Employee Qualification :
MS(Mech. Engg) + 7 years exp with prev. employer [ 2 yrs - (Job Title S/W Engr.) + 5 years (Job Title Systems Manager - actual job involved S/W Consulting & development ) ]

Here are the details from 9089 :

Employer's Requirements :

H3 => Job Title :
Sr. Software Developer

H4 => Education Min. Level :
Masters

H4B => Major Field of Study :
Computer Science , Math , Engineering(any) or related

H6A => # of months exp. required in job offered :
36 months

H8 => Is there an alt. combination of educ. & exp. :
Yes

H8A => alt. level of educ. reqd. :
Bachelors

H8C => # of years experience :
5 Years

H10 => Is exp. in alternate occup. acceptable ? :
Yes

H10A => # of months exp. reqd. :
36 months

H10B => job title of acceptable alt. occupation :
Computer Software Professional

H14 => Specific Skills / other requirements :
Any suitable combination of education training or experience is acceptable
All suitable combinations are listed herein

Alien's Information
J11 => Alien's Highest level of education :
Masters

J12 => Major field of study :
Mech Engineering

J18 => Does the alien have the experience as required for the requested job opportunity indicated in question H.6?:

No - (Though MS + 7 @ this point , the experience is as Systems Manager) OR can this be YES ?

J19 => Does the alien possess the alternate combination of education and experience as indicated in question H.8?:
Yes

J20 => Does the alien have the experience in an alternate occupation specified in question H.10? :
Yes

Could you please answer the following queries ?

a) Can we say J18 as Yes OR should the prior JOB TITLE MATCH with the future JOB TITLE for J18 to be YES?

b) If J18 is NO , then we would need H8* , H10* & H14.
Will this cause denial based on Kellog's case?
If labor is approved, Would it be considered as EB2 during I-140 OR would it be EB3 ?
 
Last edited by a moderator:
Your attorney has added the sentence "All suitable combinations are listed herein." to be able to argue with USCIS at the I-140 stage that the case must not be downgraded from EB2 to EB3.
 
Please edit your first post and add the full descriptive questions in it instead of just posting question numbers such as H-4, H-8A, B, C, etc. This will make it convenient for people to respond to your post without having to pull up and look at a ETA 9089 form. Just a suggestion.
 
Could you please answer the following queries ?
b) If J18 is NO, then we would need H8* , H10* & H14.
Will this cause denial based on Kellog's case?
Click to expand...

Note that Kellog's denial applies for H-8*and NOT FOR question H-10* because H-10 is still a part of primary set of requirements for the job.

In other words, your primary set of job requirements requires MS + 36 months of exp as Sr. Software Developer OR as a “Computer Software Professional”. The latter title is generic enough to be able to cover all of your past 7 years of experience. This means you perfectly qualify for the job through primary set of job requirements.

I feel that you will NOT get denied based on Kellogg’s case because your attorney is stating on the form that you are qualified for the job BOTH VIA “primary set of requirements” (because J-20 is "Yes") as well as “secondary set (alternate combination of edu. and exp.) of requirements” (because J-19 is "Yes"). Also, your attorney has mentioned the important magic sentence (“Any suitable, combination of education training or experience is acceptable”). Your attorney seems to have answered all the questions on the form properly to be able to avoid a PERM denial based on Kellog's case.



2) If labor is approved, Would it be considered as EB2 during I-140 OR would it be EB3 ?
Click to expand...

Although there is a possibility that your case may be downgraded to EB3 by USCIS during I-140 stage, your attorney may argue that your case should still be EB2 because Box H-14 of PERM labor states “All suitable combinations are listed herein.” which means nothing other than MS+3 or BS+5 is acceptable. So I feel your attorney may be able to fight it out with USCIS to get your case under EB2 category.

I think your attorney probably is very smart and has drafted the application very skillfully.

Good luck!! Keep us posted about your PERM approval.
 
Last edited by a moderator:
I have same above scenario and wish updated answer. With difference that I hold Master's and min Job requirement is Bachelor's and they answered J18 ,J19, J20 as yes
 
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