General Immigration Discussion

[cbpds1]

YEAHHHH we are both current, Nishant ofcourse too !!!

QBF and many others are current too......

remember some folks with mar 1-7 worrying in the evening, you are current too !!

guess we shd just wait for the formal us bulletin now

http://mumbai.usconsulate.gov/cut_off_dates.html

15 Mar 2008 - EB2I

Woo Hoo!!!!!!

[imdeng]

Awesome. I wish the main thread was not locked down - it is great to see so many deserving people getting current after such a long wait.

[tanu_75]

Awesome. I wish the main thread was not locked down - it is great to see so many deserving people getting current after such a long wait.

Yeah, bad timing by Q.

[Trident]

Q would have deactivated my a/c if I had posted this qtn in the " HOT PAGE " predictions and calculations....Its not critical too...

Got an email saying my wifes (dependent) EAD/AP got approved 4 days back. My status still remains the same....It looks funny as primary is still pending. Anybody heard something weird like this !

Thanks folks for any insights... I am still refreshing the bulletin (Godsake, looks like a addiction !)

[qesehmk]

Trident

I do not think there is anything to worry. It is not uncommon for husband wife to have some time lag between approvals as well as havng time lag between receiving emails and online status not being updated.

p.s. - For the record I have never removed posts with genuine questions related to immigration and in support of immigration.

Q would have deactivated my a/c if I had posted this qtn in the " HOT PAGE " predictions and calculations....Its not critical too...

Got an email saying my wifes (dependent) EAD/AP got approved 4 days back. My status still remains the same....It looks funny as primary is still pending. Anybody heard something weird like this !

Thanks folks for any insights... I am still refreshing the bulletin (Godsake, looks like a addiction !)

[Trident]

Thanks Q for the reply...Really appreciated.

I knew that, you have been greatly reasonable....I was just kidding here

[kmankar]

This may not be the right place to post this question......but I want opinion from people who know what they are saying. I have tried to research the internet but with conflicting answers.
I have been following this forum and its predcition for over a year and truely appreciate the time and knowledge that people have

My situation is as follows I am on H-1 with an approved I-140 in EB2 India category (from company A) with priority date 20th November 2007 and not yet filed for I-485.

I changed jobs in 2011 (before my PD became current) and joined Company B (transferred H1 B) who is filing for my LC for Green Card. The job description posted by the employer in the local newspaper is as follows: Requirements: Bachelor's degree in Psychology, Information Science, Engineering, Fine Arts, Human Factors, or related field; 10 years experience in User Experience/Design, including 4 years leading user experience/design team (health care field preferred). Requires experience as user experience professional or human factors engineer; with large scale consumer facing websites; leveraging usability testing and user interface prototypes; and in website design.

I have a Master's degree (related field) from a US university followed by 8 years of progressive experience in the filed of user experience/design

My question is
1. Is this job requirement classified for EB2

2. Do I qualify for EB2 based on this job description


Please advise the lawyer is ready to file the Labor

[qesehmk]

bachelors+5 years qualifies for EB2. The question is 5 Yrs of what experience. Your job description says 10 yrs overall but 4 yrs leading teams. So if you are leading team, your lawyer/company can argue that this qualifies for EB3. I do not think DoL necessarily looks at it that way -- but its a good argument point for your lawyer / company to make a case for EB3 if they want to retain you for long time on H1.

So if your concern is that they are trying to file in EB3, then try to push for EB2. With your US masters it will be a cake walk.

This may not be the right place to post this question......but I want opinion from people who know what they are saying. I have tried to research the internet but with conflicting answers.
I have been following this forum and its predcition for over a year and truely appreciate the time and knowledge that people have

My situation is as follows I am on H-1 with an approved I-140 in EB2 India category (from company A) with priority date 20th November 2007 and not yet filed for I-485.

I changed jobs in 2011 (before my PD became current) and joined Company B (transferred H1 B) who is filing for my LC for Green Card. The job description posted by the employer in the local newspaper is as follows: Requirements: Bachelor's degree in Psychology, Information Science, Engineering, Fine Arts, Human Factors, or related field; 10 years experience in User Experience/Design, including 4 years leading user experience/design team (health care field preferred). Requires experience as user experience professional or human factors engineer; with large scale consumer facing websites; leveraging usability testing and user interface prototypes; and in website design.

I have a Master's degree (related field) from a US university followed by 8 years of progressive experience in the filed of user experience/design

My question is
1. Is this job requirement classified for EB2

2. Do I qualify for EB2 based on this job description


Please advise the lawyer is ready to file the Labor

[kmankar]

bachelors+5 years qualifies for EB2. The question is 5 Yrs of what experience. Your job description says 10 yrs overall but 4 yrs leading teams. So if you are leading team, your lawyer/company can argue that this qualifies for EB3. I do not think DoL necessarily looks at it that way -- but its a good argument point for your lawyer / company to make a case for EB3 if they want to retain you for long time on H1.

So if your concern is that they are trying to file in EB3, then try to push for EB2. With your US masters it will be a cake walk.

How do I push the lawyer for Eb2....They are saying since the position does not require a Masters it is an Eb3

I have 10 years of experinece in the filed of user experience including everything from leading teams, to a strategist, hands on experience . I have climbed up from an usability engineer to lead and then manager and now I am a director with the current company since April 2011.

[qesehmk]

Its very simple. If you are a director, the question is can a person with less than 5 Yrs in field experiece do the job you are doing. If not then it requires 5 yrs experience. And so it qualifies for EB2. You need to take a stance and say either EB2 or I am out of this company. Seriously. EB3-I is doomed. You don't want to go there.

How do I push the lawyer for Eb2....They are saying since the position does not require a Masters it is an Eb3

I have 10 years of experinece in the filed of user experience including everything from leading teams, to a strategist, hands on experience . I have climbed up from an usability engineer to lead and then manager and now I am a director with the current company since April 2011.

[kmankar]

This what the job description says for required experience:
• Established track record leading user experience and design teams (5+ years).
• 7+ years of experience as user experience professional or human factors engineer with demonstrated ability to improve business performance and user satisfaction.
• 5+ years working on large scale consumer-facing websites. Experience building interactive web (2.0) technologies a plus.
• Experience leveraging Usability Testing and User Interface prototyping
• Experience with agile development highly desired.
• Experience in healthcare highly desired, but not required.
4 + years effectively leading a team, and developing the people on the team to become better user experience professionals.

[kmankar]

Its very simple. If you are a director, the question is can a person with less than 5 Yrs in field experiece do the job you are doing. If not then it requires 5 yrs experience. And so it qualifies for EB2. You need to take a stance and say either EB2 or I am out of this company. Seriously. EB3-I is doomed. You don't want to go there.

What about the Masters, their whole argument is based on the fact that the job does not require a Masters and so it is Eb3....and other people in the company in similar positions do not have a Masters but have tons of experience.

[qesehmk]

I think we r saying the same thing. Instead of getting bent out of shape over this - you need to make a decision whether you will live with this and wait in EB3 or take a stand against this. Its your decision.

For EB2 - Its either Masters + 3 Yrs OR Bachelors + 5 Yrs.

What about the Masters, their whole argument is based on the fact that the job does not require a Masters and so it is Eb3....and other people in the company in similar positions do not have a Masters but have tons of experience.

[kmankar]

I think we r saying the same thing. Instead of getting bent out of shape over this - you need to make a decision whether you will live with this and wait in EB3 or take a stand against this. Its your decision.

For EB2 - Its either Masters + 3 Yrs OR Bachelors + 5 Yrs.

Hi Q , Thank you for your input. I was reading some other forums to be prepared to talk to the attorney about the issue. Here is what I found from Ron Gotcher
"The minimum requirement must be a master's degree. Even if the employee does not have a master's degree, the PERM must require a master's degree with an alternate requirement of a bachelor's and five years of experience."

&

"Unless you explicitly state that an advanced degree is necessary to meet the primary educational requirement, the CIS will not regard the position as an EB2"

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

[GCKnowHow]

Hi Q , Thank you for your input..........................

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

Does you job require experience more than 5 years and a bachelor degree? Would they hire some one without these two. If no then you should be eligible for EB2. If I were you I would try to get EB2 or find a different job than being stuck for ever in EB3.

[qesehmk]

kmankar - i am sorry but you are not listening. There are two ways to qualify.
1. Masters + 2 or 3 years (not exacty sure whether 2 or 3).
2. Bachelors + 5 Yrs.

Does that answer?

Hi Q , Thank you for your input. I was reading some other forums to be prepared to talk to the attorney about the issue. Here is what I found from Ron Gotcher
"The minimum requirement must be a master's degree. Even if the employee does not have a master's degree, the PERM must require a master's degree with an alternate requirement of a bachelor's and five years of experience."

&

"Unless you explicitly state that an advanced degree is necessary to meet the primary educational requirement, the CIS will not regard the position as an EB2"

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

[Transformer]

As Q mentioned earlier, Master's doesn't need to be mentioned explicitly to qualify for EB2. Even with Bachelor + 5 you can qualify for EB2. Even it is the case with my PERM. In the PERM the minumum education is mentioned as Bachelor's and exp req'd as 5 yrs(no master's here). I have 4 yr BE with 10 yrs exp. Mine got approved early 2011.

[mesan123]

Hi Kmankar...

only thing is.....make your company HR convince your lawyers...lawyers are tough to handle...even my co-sister she has the same problem...she had 10 years experience, the lawyer was firm that if they file in EB2 they wont get the perm cleared and the HR told they want to stick on with what the lawyer tells, and they filed in EB3 for her.......so try to see what your HR think , if the company is ready to file that way...if they are ok, then they can put new add in a way that matches your skillset ( i meant which makes you qualify you for EB2)

Q,

Most of the companies now...atleats 50% of them are trying to file the cases in Eb3...even though the people qualify for EB2...lawyers and companies dont want to be audited and they dont want that pain...that is the reason they will lame reasons ... they even come up with reasons like EB2 salary should be more than 120K( which is not true always, just one eg)...

kmankar - i am sorry but you are not listening. There are two ways to qualify.
1. Masters + 2 or 3 years (not exacty sure whether 2 or 3).
2. Bachelors + 5 Yrs.

Does that answer?

[kmankar]

As Q mentioned earlier, Master's doesn't need to be mentioned explicitly to qualify for EB2. Even with Bachelor + 5 you can qualify for EB2. Even it is the case with my PERM. In the PERM the minumum education is mentioned as Bachelor's and exp req'd as 5 yrs(no master's here). I have 4 yr BE with 10 yrs exp. Mine got approved early 2011.

Did your I 140 get approved in EB2

[Transformer]

Did your I 140 get approved in EB2

Yes. Approved in 55 days in regular processing (not PP).