can the dates be current again???????

[dineshimmigrates]

I am filling in my Labor Certificatation form and will be starting the Green Card process in a week now. [EB3 quota]

Do we have any little hopes of the dates getting current next year????

How much time is it going to take me to clear the first 2 steps of PERM/Labor/I-140???

Dinesh Immigrates!!

[jsamson]

There's no way of telling the future... all we have is hope!

Processing of PERM/I-140/EAD usually takes less than 6 months now (these days) depending on the Service Center your application goes too.. but PERM you can get it in 30 days... I-140 in 6 months after approved PERM LC, and EAD usually in 6 months as well on approved I-140.

Make sure you get an immigration lawyer and they know how to fill up applications. because mistakes in application can pro-long the processing or worst can lead to denial of application!

Cheers! There's always a light at the end of every tunnel!

[dineshimmigrates]

Thanks jsamson for your prompt response!!

I sent the LC form to my employer and they will be passing this on to their Lawyer and raising the Advt for next 3 months or something.

So what's the exact process going ahead?

Dinesh Immigrates!!

[jsamson]

Hi again!

If your lawyer will avail PERM, you can expect your LC within 30 days. If 30 days has past and no LC, you can always make an inquiry, you can always ask the help of your lawyer to make the inquiry for you, anyway, that's part of what they are getting paid for. Also, receiving your LC, next step is I-140 and I-485 (Adjustment of Status) - I'm not sure if you can file concurrently, depending on the USCIS ruling, again, your lawyer can answer this.

Good luck on your processing!

[dineshimmigrates]

Squeeze myself to EB2 categroy????

I am having Bachelors + 4.2 yrs of exp....... Can I somehow squeeze myself into the EB2 categroy.

I don't want to apply in EB3 where the dates are 01NOV01 :-(

[DMX17]

I am having Bachelors + 4.2 yrs of exp....... Can I somehow squeeze myself into the EB2 categroy.

I don't want to apply in EB3 where the dates are 01NOV01 :-(

You cannot just yet. IF the job requires an MS or BS+5 years progressive experience and you meet the job requirements, you may qualify for an EB-2 I-140. I see that you don't even have the required experience yet. Again, EB category is based on what job requires and not what you have. So if you had BS+5 yrs but the job does not require BS+5 yrs, you do not qualify. Plus, you may not count experience gained within the same company on a PERM filed by the same employer.

After the PERM approval, next step is filing an I-140. Then, there is this end-less wait time before you file I-485 (EAD/AP optional).

[dineshimmigrates]

Thanks DMX, that was really very valuable inputs from your side!

I just don't like the rule of why the present-employer-experience is not counted towards the BS+5 years needed for EB2. This is really wanting me to leave my present employer and apply GC from some other firm.

[DMX17]

Thanks DMX, that was really very valuable inputs from your side!

I just don't like the rule of why the present-employer-experience is not counted towards the BS+5 years needed for EB2. This is really wanting me to leave my present employer and apply GC from some other firm.

That the experience gained in the same company cannot be used is not entirely true. One may be able to use the experience gained in the same company for a position in the same company IF the new position is significantly different (more than 50% different). If you current employer does not have any such position or you cannot assume such role, it makes sense from the GC stand-point to move to a different employer and file PERM there.

If you have not read this,

http://www.immihelp.com/forum/showthread.php?t=40741

[knowledgeable]

Think ...

.... the whole idea of United States giving you a GC is that you have the intellect and experience from your home country which will be useful to an American company to compete in the world.

Your experience within the American company is technically "training" in United States itself, which means it could have been done by a current resident also, so why give you that benefit.

Hope this makes sense to you.

There are a lot of things which one may or may not like, but it's the way life works, fortunately or unfortunately!

Good luck to you.

[DMX17]

[QUOTE=knowledgeable]
Your experience within the American company is technically "training" in United States itself, which means it could have been done by a current resident also, so why give you that benefit.
[QUOTE]

I agree with statement and it's the logic behind not counting the experience gained in the same company.

However, there is a legal workaround to this. The idea is to move into a substantially different position which requires experience same as one gained in the same company and apply this experience in a substantially different role. E.g. Mechanical Engineer I/II moves into the Business Development group or Sales/Marketing/Proposal group within the same company. This PERM can ask for experience in Mechanical Engineering and the guy can use his previous experience within the same company. A good lawyer and a co-operative HR/Manager is needed though.