Hi All,
I am new to the forum here and really appreciate all the advise and insight people have provided. I need some advice on my case and couldn't think of a better place to turn to. Please provide me some advise.
I have a MS in Industrial Engineering and had 4 years expeirience back in Nov. 2004 when I joined my current employer. They immidiately applied for Labor through RIR. The contract was for FAA and the contract required Bachelor's with min. 5 years experience or Master's with 3 years expirience. My company used Visanow.com and they filed for EB3 category when clearly it was a EB2 category case. A friend of mine said at the labor certificate level its not specified and that when I apply for I-140 I can request EB2? Is that correct?
The improtant question is relating to recent development. My lawyer received a NOF intent to deny on the grounds that typically Industrial Engineering requires 2-4 years experience and my company's requirement of 5 years was limiting. The DOL has recommended that we reduce the requirement to 2-4 years and do recruiting again or prove there was a business need.
The FAA contract clearly states 5 years after BS or 4 after MS. My lawyer is suggesting that we accepts the DOL change and reduce the requirement. My question is:
IS that the best solution?
Will that limit my ability of making it an EB2 case from an EB3? This is assuming based on the ad and requirement I can still upgrade to an EB2? Is that even possible?
Finally, My lawyer said that if we made a rebuttal and provided proof that the qualification was required, and if the DOL does not agree, my case will be denied. Is that true? Won't they come back and say we disagree and then I can reduce the requirement and make it EB3?
Please advise. I really need this soon since we have to decide in the next two days what should we do. Should I change my lawyer since my current lawyer doesn't seem competent.
Thank you for your help.
Gulshan
I am new to the forum here and really appreciate all the advise and insight people have provided. I need some advice on my case and couldn't think of a better place to turn to. Please provide me some advise.
I have a MS in Industrial Engineering and had 4 years expeirience back in Nov. 2004 when I joined my current employer. They immidiately applied for Labor through RIR. The contract was for FAA and the contract required Bachelor's with min. 5 years experience or Master's with 3 years expirience. My company used Visanow.com and they filed for EB3 category when clearly it was a EB2 category case. A friend of mine said at the labor certificate level its not specified and that when I apply for I-140 I can request EB2? Is that correct?
The improtant question is relating to recent development. My lawyer received a NOF intent to deny on the grounds that typically Industrial Engineering requires 2-4 years experience and my company's requirement of 5 years was limiting. The DOL has recommended that we reduce the requirement to 2-4 years and do recruiting again or prove there was a business need.
The FAA contract clearly states 5 years after BS or 4 after MS. My lawyer is suggesting that we accepts the DOL change and reduce the requirement. My question is:
IS that the best solution?
Will that limit my ability of making it an EB2 case from an EB3? This is assuming based on the ad and requirement I can still upgrade to an EB2? Is that even possible?
Finally, My lawyer said that if we made a rebuttal and provided proof that the qualification was required, and if the DOL does not agree, my case will be denied. Is that true? Won't they come back and say we disagree and then I can reduce the requirement and make it EB3?
Please advise. I really need this soon since we have to decide in the next two days what should we do. Should I change my lawyer since my current lawyer doesn't seem competent.
Thank you for your help.
Gulshan