When to advertise

S

Smokey

Registered Users (C)
I have a 3 year Bachelor's degree from India. Because of the current confusion about education equivalency at the I-140 stage, I enrolled in a US university for a bachelor's degree. This should solve two problems: 1. I will have a 4 year US degree. 2 My major is in my chosen field of work (my previous Bachelor's was not, at least entirely). However, after transfering credits, the earliest I will be able to graduate is end of April 2004. My 6 year limit on my H1B expires in September 2005.

My current employer has already filed for labor but I'm sure it's going to run into trouble at the I-140 stage since the ad clearly stated '4 year US degree.' Now, my previous employer wants me back and is ready to file for my GC. Question is, should we start advertising now since it's going to run for at least 6 months (for RIR application)? And then, by the time I apply for labor (say in May 2004), I will have graduated and can include my diploma with the labor application.

Or do I need to first have my degree before we even begin advertising? Problem with that is, if I graduate in April 2004, then run ads for 6 months, by the time I apply for labor (say in October 2004), I will NOT have 1 year left on my H1B since my 6 year limit expires September 2005, and therefore I will not be able to extend through the 7th year provision.

So the questions are:

1. Should I run ads only after I have my 4 year US degree, not before?

2. If ads are released for my GC now, with only my 3 year degree from India, but I include my 4 year US degree during labor application, will I run into trouble during the I-140 stage?

3. Is there any loophole or way around it. For example, I have heard that not including '4 year US degree or equivalent' in the ads should help. Anything else that anyone knows of?

Any help on this will be highly appreciated.

Thanks in advance.

Smokey
 
Originally posted by Smokey
I have a 3 year Bachelor's degree from India. Because of the current confusion about education equivalency at the I-140 stage, I enrolled in a US university for a bachelor's degree. This should solve two problems: 1. I will have a 4 year US degree. 2 My major is in my chosen field of work (my previous Bachelor's was not, at least entirely). However, after transfering credits, the earliest I will be able to graduate is end of April 2004. My 6 year limit on my H1B expires in September 2005.

My current employer has already filed for labor but I'm sure it's going to run into trouble at the I-140 stage since the ad clearly stated '4 year US degree.' Now, my previous employer wants me back and is ready to file for my GC. Question is, should we start advertising now since it's going to run for at least 6 months (for RIR application)? And then, by the time I apply for labor (say in May 2004), I will have graduated and can include my diploma with the labor application.

Or do I need to first have my degree before we even begin advertising? Problem with that is, if I graduate in April 2004, then run ads for 6 months, by the time I apply for labor (say in October 2004), I will NOT have 1 year left on my H1B since my 6 year limit expires September 2005, and therefore I will not be able to extend through the 7th year provision.

So the questions are:

1. Should I run ads only after I have my 4 year US degree, not before?

2. If ads are released for my GC now, with only my 3 year degree from India, but I include my 4 year US degree during labor application, will I run into trouble during the I-140 stage?

3. Is there any loophole or way around it. For example, I have heard that not including '4 year US degree or equivalent' in the ads should help. Anything else that anyone knows of?

Any help on this will be highly appreciated.

Thanks in advance.

Smokey
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Educational qualification at the time of joining the company and prior work experience only wil be considered for GC purpose.
 
But I thought GC was for future intent to hire. According to what you are saying, if hypothetically I was hired with just a undergrad degree but whikle working I get a fraduate degree, I cannot use the graduate degree while applying for GC. Is that correct?

Smokey
 
It's correct. Because your GC is based on LC and you are not qualified for that LC at the time of filing. Change a company if you have time.
 
I think they consider your qualifications at the time of filing but not at the time you joined the company.
 
Tyzh and Ziri,

Thanks for your inputs. You are both probably right. It seems logical that qualifications at the time of filing for my GC is what will be considered. In other words, I need to have a US bachelor's degree or equivalent ebfore the recruitment process begins or while it is in progress.

Thanks again.

Smokey
 
Sorry, just want to clarify. Your qualification is based on when you joined the company, not when you filed the case.

Unless you change to a significantly different position. For example, join as technician with undergraduate, got MBA and become manager. Then you can file the case with MBA as Manager.

But it might cause addtional NOF if it falls into the hands inexperienced staff with high school diploma.
 
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Do not join your previous employer now

1. Continue with your current company until you complete your BS degree, its until May 2004 and then join your previous employer.

2. Now if you want you can file a lobor with regular no RIR just to get the H1 Extension or if you have good terms with your current employer and if he continues the labor you can use that for H1 Extension.

3. Start advertising for your RIR labor once you join the company and file labor with RIR again after 6 months. ( I'm not sure you can file another labor with the same company but atleast you can change the filed labor to RIR I guess).
 
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