start new GC process

[caiban1234]

Hi
I am Vietnamese and got master degree for Computer science at 5/2007 in US. Then i started working as Programming analyst for a India IT consulting company in NJ at 12/2007.
Before working for this company, i don't have any working experience in Vietnam or US.
Now, I am in the green card processing with current my company. My company sponsored my GC through EB3. I just filed I140 5 months ago and still waiting (I checked uscis website ,the Vermont center that take care of my i140 have an average processing time 21 months for I140 –eb3). In the job requirement for labor certificate, they put bachelor degree and the title is program analyst.

Now, after researching on internet, i realized that i am qualify for EB2. And my current employer agrees to sponsor Gc through eb2 again.
My question is: Can i stop my current GC process and start over again through EB2 with the same company?
If yes, can my employer create a new job title for me? Which job title is good for eb2. Currently I am working as Sr Java developer.

Thanks.

 

[macboss]

Hey dude, I'm Vietnamese too. Good luck with your GC petition. Sorry for hijacking this thread. I'm just wondering if you or your lawyer know the answer to this?

The HR people at my company looked up the web and told me that it is almost impossible to get my labor certificate approved in my case because "AS LONG AS THERE IS AN AMERICAN WHO DOES NOT NECESSARILY HAVE TO BE QUALIFIED FOR THE JOB APPLIES FOR MY JOB POSITION (HR WILL HAVE TO RE-ADVERTISE IT), MY CASE WILL BE DENIED".

There are about 2,3 others whose title and work duty are the same as mine in my company. It sounds like my case would be very likely to be denied based on that piece of information, especially under this downward spiral economy. If that was true, I really don't see how ANYONE could get the GC through employment AT ALL.

 

[caiban1234]

you can creat anew title for your job.

Hey dude, I'm Vietnamese too. Good luck with your GC petition. Sorry for hijacking this thread. I'm just wondering if you or your lawyer know the answer to this?

The HR people at my company looked up the web and told me that it is almost impossible to get my labor certificate approved in my case because "AS LONG AS THERE IS AN AMERICAN WHO DOES NOT NECESSARILY HAVE TO BE QUALIFIED FOR THE JOB APPLIES FOR MY JOB POSITION (HR WILL HAVE TO RE-ADVERTISE IT), MY CASE WILL BE DENIED".

There are about 2,3 others whose title and work duty are the same as mine in my company. It sounds like my case would be very likely to be denied based on that piece of information, especially under this downward spiral economy. If that was true, I really don't see how ANYONE could get the GC through employment AT ALL.

Hi
I think you should ask your Boss to create a new title with a new job description then start the advertisement. after 3 months, if nobody applied for that job then you can move forward with the PERM. if there are some people try to apply for this position then your company can interview them and of course fail them.

 

[Concerned4us]

Hi
I think you should ask your Boss to create a new title with a new job description then start the advertisement. after 3 months, if nobody applied for that job then you can move forward with the PERM. if there are some people try to apply for this position then your company can interview them and of course fail them.

WRONG - And illegal!