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Chicago PERM Discussion Forum
EB2 or EB3 |
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Hi,
I'm on 5'th year of my H1B. My Visa expires on Oct 1,2010. I've recently got transfered to a new company and am planning to apply for GC. My Attorney has said that he can file PERM under EB3 Category as of March,15 today without any delay. However, I'm insisting on filing my PERM in EB2 category as I've masters degree and 5 years of experience. Then he has suggested to wait for May to run for adds for a minimum period of 4 months and I can probably file PERM in EB2 around Sept 30th.The reason he said is because of current economy, they have to delay to run advertisement until May. Since, I've to file PERM before 1st of Oct, 2009 to have a 365 days rule, I'm now worried if any delay in filing PERM in SEPT under EB2 will cause further problem in extension of my H1 next year.
Can anyone suggest the best solution given my situation. which process is the ideal thing to do EB2 or EB3. I had already lost 5 years and would like to apply in EB2 but very much concered that deadline is approaching.
I do not know what will happen in Sept with the INS rules and what happens if my EB2 PERM filing is delayed beyond Oct 1,2009.
Pls advice .. Thanks in Advance.
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That's very fishy, I don't know why your attorney wants to wait till September 2009. If he thinks the job market will improve by then, I suggest he take Economics 101. The market conditions MAY get better, but the job market won't be in any better shape. IN FACT, the companies MAY start hiring back, in which case, you will be in a much worse condition in terms of your EB-2. Right now, so many people don't even bother applying because psychologically they think they won't even be considered. If I were you, and this is just my opinion, I would file EB-3 right now to be safe, and then file EB-2 when September 2009 comes along, if you can not convince your employer to file for your GC as EB-2 PERM right now.
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That's very fishy, I don't know why your attorney wants to wait till September 2009. If he thinks the job market will improve by then, I suggest he take Economics 101. The market conditions MAY get better, but the job market won't be in any better shape. IN FACT, the companies MAY start hiring back, in which case, you will be in a much worse condition in terms of your EB-2. Right now, so many people don't even bother applying because psychologically they think they won't even be considered. If I were you, and this is just my opinion, I would file EB-3 right now to be safe, and then file EB-2 when September 2009 comes along, if you can not convince your employer to file for your GC as EB-2 PERM right now.
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to PredMara:
Ignore this person's post -- It's not fishy at all. One word: Layoffs. One question on the petition asks if there have been layoffs in the area of intended employment within the last 6 months. Hence, a September filing date would be acceptable since 180 days would have passed.
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to kveeru2:
In addition to my other post about the other person's random statements...
EB2/EB3 is NOT based on YOU. It is based on a POSITION and that POSITION's requirements. It is irrelevant as to the category that you want to pursue.
The PERM process proves to the DOL that there are no qualified, willing, or able US workers to fill the position, and that's why the Labor Certification must be filed. If there are layoffs, that essential element is obviously not met, and hence, a position can't be filed since there are US workers that would qualify for it.
Don't be selfish and wait for the EB2. You could run out of time, and if your petition were to be denied for whatever reason, then you have a big problem.
My thoughts? File the EB3 using the open recruitment efforts the company already has. Then, if you want to fight with your employer down the road to do an EB2 petition for a different position, do it at that date. You can then do a recapture of your EB3 priority date at a later date at the I-140 level.
Additionally, there are no more filings occuring at Chicago. All PERM petitions are now being filed in Atlanta. Chicago is focusing on H2B and other related petitions at this time.
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I have the following qualifications:
3 year full time Diploma in engineering
Arts graduate degree (through correspondence)
PGDBM (equivalent to MBA) - 3 year - Distance learning
Besides I have almost 12 years of progressive work experience in IT. I am on H1 and completed my first year on H1.
My lawyer has suggested that I cannot file under EB2 because by diploma (associate's) is not good enough t be considered equivalent to bachelor's degree so I do not fall under the category where bachelor's + 5 years of experience is good enough for EB2.
My lawyer also suggests that I also cannot file EB2 on basis of masters as the institute where I did my MBA is not a very repouted institute. I did it from IMT ghaziabad but the lawyer says that the distance learning 3 year program of that institute is not good enough even though it is affiliated to a bigger university - Viswa Bharati University.
Please suggest.
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I am Charted Accountant and my Green card was started under EB3 category based on my 3 year degree and I-140 got approved. If I complete MBA in US now, is it possible to convert my green card process from EB3 to EB2 category. Please let me know
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to immibee:
Hi immibee... can you please tell me a little more about how to capture the old priority date while refiling under EB 2? I am atthat situation right now....my company's attorneys have agreed to refile my EB 3 into EB 2 but i am not sure if they know what they are doing(although I qualified for EB2 to start with, they filed under EB 3 1.5 years ago). Thats why I asked this question.
Thanks.
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to Devi14:
Ok , I.ve just got a pretty good material on this matter from my atorney, and It says that He does not recomend to switch, because It will be taken as knowledge gained in your current job and will not be added as a different case, or speed up your case; they can even deny your case.
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