Joma

I need help!

I am on a H1B and in discussion with my employer for a possible PERM filing to obtain LPR.

My position qualifies for filing under EB-2, given that it requires at least a masters degree and at least 5 years experience.

In looking at the PERM requirements, I cannot count the experience I have gained while working for the current employer to meet the 5 year experience requirement. i.e. the petitioner is only allowed to consider the qualification I had when I first started working for him.

Given this limitation, am wondering whether looking for another job with my current qualification and experience, and asking the new employer to file for me is better than going with the current employer.

From experience, what petitions usually have a higher approval rates - Petitions for new employees or petition for current employees who are currently on temporary visas such as H1Bs?

Thanks you.

Jozef

"Joma" <[email protected]> wrote in message
news:[email protected] m...
>
> In looking at the PERM requirements, I cannot count the experience I
> have gained while working for the current employer to meet the 5 year
> experience requirement. i.e. the petitioner is only allowed to consider
> the qualification I had when I first started working for him.

Indeed. Otherwise the Department of Labor would wonder why your employer
couldn't have trained an American worker instead.

> Given this limitation, am wondering whether looking for another job with
> my current qualification and experience, and asking the new employer to
> file for me is better than going with the current employer.

Possibly. Experience gained can indeed be used to qualify for a job with a
different employer.

> From experience, what petitions usually have a higher approval rates -
> Petitions for new employees or petition for current employees who are
> currently on temporary visas such as H1Bs?

I assume you are referring to a Labor Certification Application, not an
I-140 immigrant petition.
You should be asking a different question: "For which position (your actual
position, or the one with the new employer) is the DoL less likely to find
qualified American workers?" Answering that question requires knowledge of
the particular jobs and job market.


Jozef

dave2702

Your initial labour certification doesn't require you to make the EB2/EB3 decision that only comes in when you go for your I140. Getting an EB3 is easier but there is a waiting list for the EB3 whilst there is no EB2 queue (for Rest of the World) applicants

Jozef

"dave2702" <[email protected]> wrote in message
news:[email protected] m...
>
> Your initial labour certification doesn't require you to make the
> EB2/EB3 decision that only comes in when you go for your I140. Getting
> an EB3 is easier but there is a waiting list for the EB3 whilst there is
> no EB2 queue (for Rest of the World) applicants
>

That wasn't the OP's question... EB2 is not an option with his current
employer. EB3 may be an option with a new employer. Each would require its
own Labor Certification.

Jozef

Jozef

"Jozef" <[email protected]> wrote in message
news:8pZ4i.8524$ky6.3086@trnddc02...
>
> "dave2702" <[email protected]> wrote in message
> news:[email protected] m...
>>
>> Your initial labour certification doesn't require you to make the
>> EB2/EB3 decision that only comes in when you go for your I140. Getting
>> an EB3 is easier but there is a waiting list for the EB3 whilst there is
>> no EB2 queue (for Rest of the World) applicants
>
> That wasn't the OP's question... EB2 is not an option with his current
> employer. EB3 may be an option with a new employer. Each would require its
> own Labor Certification.

Of course, what I meant was:

"EB2 is not an option with his current employer. EB3 is. EB2 may be an
option with a new employer. Each would require its own Labor Certification."

Jozef

Joma

Thanks guys.....

To rephrase my questions as suggested......here are the options I am weighing:

If I go with a new employer, I'll be able to use the experience I have gained under H1B to qualify for the EB2.
However, I would assume a normal question by both DOL and USCIS would be why the employer wouldn't use H1B to fill such a vacancy.

On the other hand, if I went with my current employer I might be restricted to only EB3 sticking myself on a 5 or so year waiting period.

So which way is better assuming these concerns are in deed legitimate

Thanks.

Jozef

"Joma" <[email protected]> wrote in message
news:[email protected] m...
>
>> "EB2 is not an option with his current employer. EB3 is. EB2 may be an
>> option with a new employer. Each would require its own Labor
>> Certification."
>>
>
> If I go with a new employer, I'll be able to use the experience I have
> gained under H1B to qualify for the EB2.
> However, I would assume a normal question by both DOL and USCIS would be
> why the employer wouldn't use H1B to fill such a vacancy.

No - that's not a question the DoL would ask. Rather, they would make sure
the employer has tried to find an American worker to fill that particular
position.

> On the other hand, if I went with my current employer I might be
> restricted to only EB3 sticking myself on a 5 or so year waiting period.

Not *might*, you *are* restricting yourself to an EB-3 if you stick with the
job at your current employer.

> So which way is better assuming these concerns are in deed legitimate

See my previous reply... You have to try and figure out which LC has a
better chance of being approved by the DoL. If there's no difference, then
it would make sense to transfer your H-1B to this other employer and have
them initiate the LC process.

Jozef