Urgent Help Required on PW

H

hk196712

Registered Users (C)
Hi All,

I received my PW from Califronia. I am currently working as a Sr. Accountant and my lawyer mentioned experience and education as follows:

Education : BA/BS Required

Experience: 4 Years Accounting+CPA exam pass.

The skill level mentioned on the PW is 4.

Can I apply my I-140 under EB2 or EB3? Your advises are highly appreciated.

The PW is higher than what my current salary. My company has offered to match my salary to the PW salary upon approval of the GC, Because they say that this is a future position. However, I have been in this position for a year. Does anyone know whether this is possible?


Thanks
 
Last edited by a moderator:
EB3. It is possible if your employer will do pay the PW. So ask your employer about it. BTW, are you a CPA? If so, why does your job not simply state CPA required but the CPA exam pass?
 
compiler said:
EB3. It is possible if your employer will do pay the PW. So ask your employer about it. BTW, are you a CPA? If so, why does your job not simply state CPA required but the CPA exam pass?
Click to expand...


Thanks Compiler!

I recently passed CPA exam and applied for the License. I don't have the license now, and because of that I cannot claim that I am a CPA, but I can claim that I passed CPA exam.

My employer will pay the PW after GC.

Compiler, could you please let me know how you made the decision that I will be under EB3 instead of EB2? Could you please let me know about it?

Thanks again.
 
You do not have an advanced degree or BS/BA with at least five years of progressive pos-baccalaureate experience in the specialty. So you are not qualified for the EB2.

As long as your employer promises to pay the PW, meaning s/he will provide ANY documentation/evidence as the USCIS requests, you will be ok.
 
compiler said:
You do not have an advanced degree or BS/BA with at least five years of progressive pos-baccalaureate experience in the specialty. So you are not qualified for the EB2.

As long as your employer promises to pay the PW, meaning s/he will provide ANY documentation/evidence as the USCIS requests, you will be ok.
Click to expand...

Thanks again Compiler!

I checked with my lawyer, to know whether he messed up the PW application by filling experience as 4 years+CPA exam Pass. The following is his message:

.....the prevailing wage isn't the issue with regard to EB-2, the issue is whether the minimum requirements for the job include at least a bachelor's degree and five years of experience or a master's degree and whether the employee meets the minimum requirements. If both of those elements are satisfied, then the job should qualify for EB-2.

What do you think about this. I am really confused about the whole story. I don't know whether the lawyer messed up this and he is just trying to justify this work. I really don't want EB2. I have 15 years experience, 2 Masters, 3 professional certifications, including CPA.

Please provide your inputs on this, so that I could talk to the lawyer.

Thanks much
 
hk196712 said:
Thanks again Compiler!

I checked with my lawyer, to know whether he messed up the PW application by filling experience as 4 years+CPA exam Pass. The following is his message:

.....the prevailing wage isn't the issue with regard to EB-2, the issue is whether the minimum requirements for the job include at least a bachelor's degree and five years of experience or a master's degree and whether the employee meets the minimum requirements. If both of those elements are satisfied, then the job should qualify for EB-2.

What do you think about this. I am really confused about the whole story. I don't know whether the lawyer messed up this and he is just trying to justify this work. I really don't want EB2. I have 15 years experience, 2 Masters, 3 professional certifications, including CPA.

Please provide your inputs on this, so that I could talk to the lawyer.

Thanks much
Click to expand...

EB2 is purely depends on the job offered to you (and its requirements), not based on your experience, employer's or attorney's wish, your qualifications, MS, Phd. Degree.


If the job offer require BS degree with few years experience, and you are going to take it and making a LC, you will not qualify for EB2. (Though you have many Masters and CPA). So Select a Job title and its requirments and prevailing wage carefully.
 
hk196712 said:
Thanks again Compiler!

I checked with my lawyer, to know whether he messed up the PW application by filling experience as 4 years+CPA exam Pass. The following is his message:

.....the prevailing wage isn't the issue with regard to EB-2, the issue is whether the minimum requirements for the job include at least a bachelor's degree and five years of experience or a master's degree and whether the employee meets the minimum requirements. If both of those elements are satisfied, then the job should qualify for EB-2.

What do you think about this. I am really confused about the whole story. I don't know whether the lawyer messed up this and he is just trying to justify this work. I really don't want EB2. I have 15 years experience, 2 Masters, 3 professional certifications, including CPA.

Please provide your inputs on this, so that I could talk to the lawyer.

Thanks much
Click to expand...
You did not say you have the MS degree and CPA before. (But you said “I recently passed CPA exam and applied for the License”). The problem is your job does not require the advanced degree. So you cannot claim the EB2 although you do have the MS degree. Your lawyer said it correct. If both of those elements are satisfied, then the job should qualify for the EB-2. That is, not only your job requires the MS degree but also you must have that degree. If you prefer the EB2 to EB3, you may ask your lawyer why my job ad cannot require the MS+2 yrs of exp. or the BS+5yrs of exp.
 
Hi Compiler & Great Guru,

Thanks for your feedback.

I actually put the news paper ads and web ads last month. My lawyer prepared all the ads and I was not aware of this EB2/EB3 issue at that time. When I came to know about this, on this forum, it was too late and I had placed all ads. All the ads read "4 years of experience plus CPA pass".

Do you think "CPA exam pass" means or equal to MS degree?

I am really worried about this now as I spent money and wasted time. If I am going to be on EB3, I prefer not to file. I am from India, and my friends told me it is taking almost 3 years to clear EB3.

What should I do now? Should I fire the lawyer and re-start everything? Since I already received the PW, can I really go back to EDD and request a new PW determination.......I am really stressed.
 
No, the CPA exam pass is not equivalent to the MS degree. Nether is the CPA. You may consult the other competent lawyer. I am unable to give you more advice. Good luck!
 
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